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Texas Dad Accused of Murdering Drunk Driver Who Killed Kids


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#61 Wetcoaster

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Posted 12 February 2013 - 05:34 PM

If I had children and someone murdered them in front of me, I'd murder that person too. Go ahead and call it barbaric, I wouldn't care.

There was no murder.
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#62 Crom!

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Posted 12 February 2013 - 05:43 PM

Call it whatever you want to call it.
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#63 Gumballthechewy

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Posted 12 February 2013 - 05:48 PM

By killing the guy the dad becomes no better than the guy he killed.
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Don't take anything I say seriously! EVER!


#64 Crom!

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Posted 12 February 2013 - 05:50 PM

Like I said, I wouldn't care.
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#65 Lancaster

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Posted 12 February 2013 - 05:51 PM

The father probably prevent the drunk driver from running over more people.

The father wins in the court of morality, loses in the court of legality.
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#66 Wetcoaster

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Posted 12 February 2013 - 06:16 PM

Call it whatever you want to call it.

I prefer to not call it by the wrong term.
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To err is human - but to really screw up you need a computer.

Always listen to experts. They'll tell you what can't be done and why. Then do it.

Quando Omni Flunkus Moritati

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#67 canucks#01fan

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Posted 12 February 2013 - 06:17 PM

Isnt law supposed to do what is in the best interest for society? The father should get a minimal sentence. Other murders should not be used as precedent as the circumstances are unique in this case.

My ruling: 3 years plus community service
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#68 Wetcoaster

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Posted 12 February 2013 - 06:20 PM

Isnt law supposed to do what is in the best interest for society? The father should get a minimal sentence. Other murders should not be used as precedent as the circumstances are unique in this case.

My ruling: 3 years plus community service

It depends what the law is in Texas. If convicted of murder there is likely a mandatory minimum sentence.

In Canada the only sentence for murder in any degree for an adult is life.
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To err is human - but to really screw up you need a computer.

Always listen to experts. They'll tell you what can't be done and why. Then do it.

Quando Omni Flunkus Moritati

Illegitimi non carborundum.

Never try to teach a pig to sing - it wastes your time and annoys the pig.

#69 hudson bay rules

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Posted 12 February 2013 - 06:31 PM

Isnt law supposed to do what is in the best interest for society? The father should get a minimal sentence. Other murders should not be used as precedent as the circumstances are unique in this case.

My ruling: 3 years plus community service


Anyone who fly's off the handle is a danger to society,

Would he also be the type to wave a gun at someone dating his daughter?
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#70 coleman26

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Posted 12 February 2013 - 07:05 PM

Interestingly, in World War 1, this was a common "problem". They trained and armed the soldiers, sent them to fight, and...many times they seemed to seize up, or deliberately miss.


Actually, that's still very much a thing. Not on the gigantic scale, like you said, they worked through it, but I remember reading that they dropped some new recruits into what they told them was a conflict situation and filled their guns with blank rounds and observed them, and determined that as many as 35% of them were shooting to threaten, not to kill, and that almost all of them went intentionally high.

However, one thing I'm surprised not to have read (and frankly, I couldn't care less about what happened to this driver) is.... Ok, my understanding is that he saw his kids get run over, then he immediately went in the house, got his gun and shot the guy? Did he not check on the kids? You'd think that time spent getting a gun could be time better spent tending to your son's critical injuries, possibly saving his life
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#71 EX_Bert_Worshipper

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Posted 12 February 2013 - 07:11 PM

I can imagine that he will not get away with something like this because it would set a precedent and be an open invitation for other to do the same.

That said, I couldn't even begin to imagine the sheer devastation and rage the father must have felt. I can see where he'd react in such a knee-jerk reaction.

THAT said, now there are two families suffering. If the family of the drunk driver retaliated is THAT okay? Where does the line get drawn?
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#72 Aladeen

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Posted 12 February 2013 - 08:25 PM

I prefer to not call it by the wrong term.

:rolleyes:
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#73 Five For Fighting

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Posted 12 February 2013 - 09:27 PM

Good for the father. The world needs more of this.
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#74 spliced

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Posted 12 February 2013 - 09:45 PM

Were they pushing the vehicle on the road? If so is that legal? If it's not wouldn't the father share legal responsibility in their death?
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#75 Special Ed

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Posted 12 February 2013 - 09:50 PM

Tough situation. The gun was there which is why it was used. To me the gun shouldn't have been there. More then likely the case would have been a beating instead of a shooting and more likely the driver survives.

Killing the driver doesn't bring the kids back. And it seems the driver was also a kid too so now you just did the same thing that hurt you, to another family.

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#76 NightHawkSniper

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Posted 12 February 2013 - 09:51 PM

So did the father have a breathalyser to determine that the guy was drunk? Because Diabetic shock or low blood sugar can look like your drunk...in other words this guy didn't know and murdered him because he at the time decided he was drunk....pretty stupid father...you cant just go out and serve your own justice...that is why we have a criminal justice system...duh....


Did you not read the police quote?


" "Banda was determined to be intoxicated at the time of the crash," police said in their report."

Back to the story I'd probably react in the same way with all that anger.
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#77 hudson bay rules

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Posted 12 February 2013 - 09:58 PM

Many threads remind me that CDC is full of "insightful adolescent bad asses"

Funny how folks know how they would react in a life changing situation. You haven't a clue, I've been there.
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#78 Wetcoaster

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Posted 12 February 2013 - 11:05 PM

Tough situation. The gun was there which is why it was used. To me the gun shouldn't have been there. More then likely the case would have been a beating instead of a shooting and more likely the driver survives.

Killing the driver doesn't bring the kids back. And it seems the driver was also a kid too so now you just did the same thing that hurt you, to another family.

According to the report the gun was not at the scene of the accident. The father returned to the home, retrieved the handgun, returned to the scene and then shot the driver in the head. Hence the murder charge against the father.

Witnesses at the scene watched Barajas walk to his home and allegedly retrieve the gun with which he shot Banda, according to a police report. When police searched the home, they found a pistol holster and ammunition, but no firearm.

http://abcnews.go.com/US/texas-dad-accused-murdering-drunk-driver-killed-kids/story?id=18477907
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To err is human - but to really screw up you need a computer.

Always listen to experts. They'll tell you what can't be done and why. Then do it.

Quando Omni Flunkus Moritati

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Never try to teach a pig to sing - it wastes your time and annoys the pig.

#79 WHL rocks

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Posted 12 February 2013 - 11:11 PM

http://abcnews.go.co...ory?id=18477907

A Texas father, who watched a drunk driver strike and kill his two young sons, has been charged with murder after allegedly shooting the driver in the head moments after the accident.
David Barajas, 31, was charged with murder on Monday, more than two months after his sons David Jr., 12, and Caleb, 11, were killed steps from their home on a rural road outside Houston on Dec. 7.
Bond was set at $450,000, police said.
Barajas and his sons were pushing the family's disabled pickup truck toward their home late that night, as the boys' mother and two younger siblings sat inside, according to a police report released by the Brazoria County Sheriff's Department.
They were struck by Jose Banda, 20, the driver of a Chevy Malibu, instantly killing David Jr. and critically injuring Caleb, who later died at a hospital.
"Banda was determined to be intoxicated at the time of the crash," police said in their report.

When cops arrived on the scene, they noticed something else about Banda. He had been shot in the head. But they could not immediately find the murder weapon.
"Investigators recovered a projectile from inside of the vehicle that Jose Banda's was shot in. Investigators were unable to match that projectile to a weapon because no weapons were recovered at the scene," according the sheriff's department.
Witnesses at the scene watched Barajas walk to his home and allegedly retrieve the gun with which he shot Banda, according to a police report. When police searched the home, they found a pistol holster and ammunition, but no firearm.
"Investigators are currently awaiting results of gunshot residue tests which were collected at the scene," police said. On Friday, a grand jury found there was enough evidence that Barajas could be charged.
According to authorities, he does not yet have an attorney.
"It really hurt a lot of us," Jose Roman, a family friend of Barajas, told ABC affiliate KTRK-TVabout the death of the boys and the indictment of their father.
The boys, both fans of the Houston Texans, were buried last month. Many of the mourners at their funeral wore Texans jerseys.
But the family of the slain driver believes justice must be done.
"It was an accident. He didn't purposely do that,' Janie Tellez told KTRK. "Whoever did it is getting away with murdering my nephew. He deserves justice."


Justice was done.
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#80 kurtis

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Posted 12 February 2013 - 11:41 PM

Tough situation...
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#81 kurtis

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Posted 12 February 2013 - 11:42 PM

Justice was done.


I see what you did there :bigblush:
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#82 Monty

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Posted 13 February 2013 - 07:59 AM

So... What will killing him gain anyone then?


It doesn't gain anyone anything, except more grief. I was never condoning what the father did, nor did I ever say that anyone who would react in a similar manner would be right. What I was saying, pretty clearly actually, was that many people would react similarily if given the opportunity. Sometimes people see red and lose it. It doesn't make it right in any circumstance, but it is understandable in some situations when people do. I understand why the father did what he did. And if I did the same thing, I would be equally wrong in doing so.
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Can you imagine drowning AT a KK Rev concert?

  


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#83 CanuckinEdm

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Posted 13 February 2013 - 08:44 AM

enraged father + hopeless judicial systems = not the last time were gonna read a story like this

Also what personally sickens me is that Canada's system is so flawed that the driver who killed the two sons would have seen minimal time in jail while a family will be grief stricken the rest of there lives. I personally do not agree with what the father did but his thought process is not without merit if you truly put yourself in that position. Family is everything! Take that away and your left with empty souls.

This isn't true when I worked in a shop there was a guy I loaded trucks with that went to jail for 8 years when he was 18 cause he killed a child and critically injured another while they were crossing the road. Feel for both parties cause the sun was shining in his face and he couldn't see them and obviously someone lost their child as well. So I imagine if you kill 2 kids while drunk I'm sure the penalty will be stiff.
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#84 fwybwed

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Posted 13 February 2013 - 10:20 AM

The father saved 10's of lives that day he smoked that fool that got behind the wheel of his car DUI. His family should be thanking him for saving all the legal embarassment. Only cost him 2 sons.
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#85 Gumballthechewy

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Posted 13 February 2013 - 10:25 AM

It doesn't gain anyone anything, except more grief. I was never condoning what the father did, nor did I ever say that anyone who would react in a similar manner would be right. What I was saying, pretty clearly actually, was that many people would react similarily if given the opportunity. Sometimes people see red and lose it. It doesn't make it right in any circumstance, but it is understandable in some situations when people do. I understand why the father did what he did. And if I did the same thing, I would be equally wrong in doing so.


Exactly, it's wrong. Now I've never been in this exact situation before but I have been in a few touchy situations where I was close to doing something terrible I would regret but then I refrained from doing so because I knew it wouldn't gain anyone anything.

I'm not ignorant and I know that I have no idea exactly how I would react given the same situation but I do know without a doubt that killing the guy wouldn't be first on my priority list.
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#86 CanuckinEdm

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Posted 13 February 2013 - 11:03 AM

This guy is going to jail I can't see how he won't and not his other children won't have their brothers or a father what a genius.
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#87 Monty

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Posted 13 February 2013 - 12:18 PM

...but I do know without a doubt that killing the guy wouldn't be first on my priority list.


Nor would it be mine. But it is safe to say that this father, and anyone else in a similar situation, would not be in their right mind if something like this happened to someone they loved.I don't have kids, but I have a wife that I adore. If anyone did anything harmful to her, I wouldn't be acting in a rational way in the heat of the moment. Not right, it just is what it is. I wouldn't sit back and go, "Hmm, well although I am quite sad, I'm sure this situation can be resolved in a civilized manner." Rightfully so, I wouldn't know what I would do nor would I know what I would be capable of doing.
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Can you imagine drowning AT a KK Rev concert?

  


i'm pretty sure that's how zombies are born.


#88 Kryten

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Posted 13 February 2013 - 12:20 PM

Good for the father. The world needs more of this.


If a cop can't tell if a person is drunk or diabetic or having any of the similar medical emergencies that mimic drunkeness, how can any citizen?





So I guess the world would consider killing diabetics as collateral damage?
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#89 Aladeen

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Posted 13 February 2013 - 01:17 PM

If a cop can't tell if a person is drunk or diabetic or having any of the similar medical emergencies that mimic drunkeness, how can any citizen?


So I guess the world would consider killing diabetics as collateral damage?

Great point Kryten! Imagine if that was the case in this situation?
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#90 canucks#01fan

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Posted 13 February 2013 - 02:04 PM

Anyone who fly's off the handle is a danger to society,

Would he also be the type to wave a gun at someone dating his daughter?

the law does not rule on hypothetical situations, the man did what many fathers would do, including myself, that being said he should not be let of the hook
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