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David BarajasALVIN, TX – Last year we reported on David Barajas, the man who was charged with murder after he allegedly shot a drunk driver to death moments after he fatally struck his two sons. His trial started yesterday.

On Dec 7, 2012, David Barajas’ truck ran out of gas on a rural road yards from his home. He and his two sons, 12-year-old David Barajas and 11-year-old Caleb Barajas, jumped out and began pushing the truck while Barajas’ wife and two daughters remained inside the vehicle.

At around this same time, 20-year-old Jose Banda was driving drunk when he plowed into the rear of the pickup. Caleb and his brother would both die after becoming pinned between the two vehicles. Jose Banda wold die from a bullet wound to the head.

Several witnesses present at the scene of the accident told police that after the crash, David Barajas walked the short distance to his home then returned to Jose Banda’s car. That’s when they heard gunshots. David Barajas was subsequently arrested and charged with murder.

Barajas’ trial started yesterday and prosecutors are going to have a hell of a time getting a conviction, I think. From strictly a legal perspective, a murder weapon was never found, gun residue was not found on Barajas’ hands, and witnesses never identified Barajas as the person they saw shooting into Banda’s vehicle.

Even tougher for prosecutors is the moral perspective. Despite any evidence against Barajas they may present, the jury may sympathize with the father. You may remember that a Texas grand jury chose not to indict the father who beat a man to death after he found him molesting his daughter behind a barn.

Homeless Teen Charged With Beating Toddler With Crowbar Inside Walmart

“It’s not the right way to do it, but jurors a lot of times make judgments based on moral responsibility, not legal responsibility,” said Joel Androphy, a Houston defense attorney.

Many have rallied around Barajas and have created a Facebook page called “Free David Barajas” that has comments of support and information related to fundraising events. If convicted of murder, Barajas faces up to life in prison.

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  • Stacy

    I hope he gets clear of the charges. Had the drunk driver been arrested, his punishment wouldn’t have kept him off the streets for very long. This was a much better punishment for the bastard.

  • CT

    If you go strictly with the lack of evidence, makes you wonder how he could be convicted? Did he confess? I am not an attorney but I once stayed at a Holiday Inn Express.

  • King A sshole

    I really hope he gets a light sentence or probation. He did the right thing. Considering how fucked up the justice system is, he saved Texas a lot of time and money.

  • Kim Graves

    I dont think this is right, he walked home got the gun and killed someone on purpose, sorry i dont agree its nothing like what happened to the child molestor at all it was not in the heat of the moment like that case, he would have been in prison a long time for killing 2 kids and i believe the alcohol was like 2 points over legal limit which is 2 1/2 beers not majorly drunk not even a buzz, if he dragged the guy out if his car and beat him to death at the moment he would have a better case, just because they washed his hands most likely in bleach and hid the gun well and witnesses are too ignorant to be honest does not mean he did not do it or it cant be proven,

  • Texas Ranger

    I think his Dad or her Dad did it. He’s taking the fall. Maybe they are hoping that the true murderer will confess out of guilt. Doubt it though. Makes me wonder if I would take the murder rap for a parent….or if a real parent would let me.

  • Texas Ranger

    I’ll tell you how.
    To have a conviction: Take a Texas, have a senseless murder, stir in a Mexican…voila! you got a new Death Row Inmate.

  • The prosecution won’t get a conviction. This would be a tough one to get in my neck of the woods, much less Texas.

    But I find it irresponsible for the news outlets to compare this to the molestation situation, in which the deceased was caught in the act, leaving the father actively defending an immediate relative, and expressing to 911 his desire for the deceased to not die. Apples and oranges.

    In this case, the driver was determined to be at a .125BAC, which news reports are erroneously calling “almost twice the legal limit” (no, not exactly). Furthermore, I highly doubt the father was able to determine that this was alcohol-related prior to the execution. So, for all he knew at the moment, he was killing a young man over nothing more than a tragic accident.

    But, no weapon, no witnesses and maintained innocence combined with a sympathetic jury gives this prosecutor an impossible task.

  • Texas Ranger

    You forgot to sprinkle in some good ol’ ignorant racism. At best he has a 30/70 chance on acquittal….and that’s only because he killed another Mexican.

  • JohnQknowitall

    Texas is the same state that set a man free under the Stand Your Ground Law after he shot a prostitute in the face when she didn’t render the promised services and refused to return his money. I feel for the dad, but this is a nation of laws and vigilantism is generally criminal behavior. I am surprised the DA didn’t tack on an obstruction of justice charge along with evidence tampering.

    John Gotti (a.k.a. The Teflon Don) beat a murder rap when his neighbor disappeared after accidentally running over and killing Gotti’s son. A snitch associate stated the man was tortured and dismembered. These two events are close enough send chills down my spine.

  • Leslie33

    I can’t imagine watching my two children die right in front of me at the hands of someone else, & they way died being crushed between two cars. Wow, I would be completely grief stricken. Can’t say I would do the same thing, but grief brings people to do things one typically wouldn’t. I hope he gets a light sentence if convicted at all. I just feel for that family, what a horrible accident!!

  • Really? You’re asserting that a Texan jury’s racism outweighs it love of vigilantism and hatred of drunk driving?

    I will never step foot outside of Austin if I visit.

  • Texas Ranger

    Where did you get the idea that drunk driving is ‘hated”? It tends to be frowned upon, but somewhat tolerated for some reason. I’m not a fan for sure.
    Ever been to Alvin? Go there and then ask yourself the same question.

  • wastintime

    Not a whole lot of actual proof in this case. No weapon, no residue, no witnesses to the shooting.

  • itsknotme

    I’m working on the first cell-phone-gun. It’s a protective, defensive device that’ll look like an ordinary iphone with an extendable barrel. The only real difference will be how the ‘END’ button works.

  • wastintime

    I would like to pre-order two. Will they be available in different colors? I hate it when I accidentally pick up the wrong cellgun, the device just keeps ringing, I get bombarded with unknown texts. And my son has stupid ring tones!

  • link07

    I’m not a big fan of vigilante justice. But i don’t really blame the guy.

  • Texas is the only state where “intoxication manslaughter” is a specific offense. It carries a sentence of up to 20 years in prison and is associated with mandatory minimum. This is stiffer than most states.

    And these are Americanized Hispanics, and the trial is being held in a city (Angleton) with a white population only around 60%. It all depends on what the jury looks like, I suppose.

  • link07

    I have lots of family in Texas, and as a minority myself the primary reason i haven’t moved there is racism. My mothers cousin was dragged off his motorcycle, and killed. Lots of other crazy stories, I think a general disdain for Mexicans might send this guy to prison.

  • Texas Ranger

    I’d be curious on how many people actually did time, and how long, for “Intox manslaughter”. I think it would surprise you. Hell the little shithead rich kid in Dallas damn near got off scott-free. He killed 2 or 3 and paralyzed 1 or 2.
    Why I say we are not Anti-Drunk Driving…no matter what our laws say, is proven by the chick who killed a whole family except the dad on July 4th over in Kilgore, and she had gotten her 1st DWI only a few months before. So I disagree with any facts or laws you can find that says Texas is “Tough on Drunk Driving” Because from first hand experience…it is not, not at all.

  • Well, considering I’ve never stepped foot in the increasingly God-awful sounding state of yours, facts and laws are really the only way for me to garner much of an impression. So I’ll take your word for it.

  • Texas Ranger

    As for Angleton 60% white….you can’t serve on a jury with a felony, or can you? If not, guess what that Jury will look like….pretty darn bright under the lights I’d suspect….kinda how Texas keeps the voting outcome like it does. Known fact they stick a bullshit Felony on a lot of Minorities early in life, that way the “Man” can control them. No vote, no guns, no jury, and my favorite 3 strikes and your gone for life. I call it Minority Control, they call it “The legal System”.

  • Texas Ranger

    Texas is a wonderful state for the White, Rich, and Educated. Plus the weather is nice.

  • I shouldn’t laugh. But I am. It’s funny because it’s true.

  • Eyam Ova-Urazis

    “It’s not the right way to do it, but
    jurors a lot of times make judgments based on moral responsibility, not
    legal responsibility.”
    WRONG. That is exactly the right way to do it.

  • jansav

    In this case Kim your opinion sucks. I don’t care if he walked fifty miles and bought the gun from a drug dealer and then hunted this worthless piece of shit down and shot him in the street, after seeing his own boys mashed between two cars dying because some prick had two beers to many he deserves a walk.

  • jansav

    If there is justice in this world this man will walk away free. As for the drunk, good riddance to bad rubbish.

  • 1DireWolf

    FIrst, it was justified. Second, it could be temporary insanity from grief, third, there is no evidence. And then the fact that it is TEXAS, hell it’s nearly illegal NOT to shoot someone who had done something like that. I feel for the man.

  • 1DireWolf

    I have two step-brothers in Odessa. They love it. They said they had never had real Mexican food in Indiana. I wouldn’t like it, not because I dislike Mexicans or Mexican food, but because I really hate neo-cons. Hell, I hope they break Rick Perry’s gonads.

  • 1DireWolf

    Preventative justice.

  • Texas Ranger

    Real Mexican food can be scary, unless you like chicken claws in your chicken soup…they are probably eating Tex-Mex, which ain’t the same…or as good as real Mexican food.

  • Well, I think your opinion sucks, neener neener. 😉

    The problem is, this man probably didn’t know the driver was intoxicated, so that didn’t likely factor into dad’s actions. He probably didn’t even talk to the kid before he retrieved his gun. At .125BAC, you may or may not even be slurring yet.

    I don’t know the particulars of this accident, but we’re talking about people trying to push a vehicle out of the road. This is a dangerous scenario under any circumstance. If you’re in your car going, say, 40 mph, and maybe you come around a bend and slam into the back of a disabled vehicle that’s partially in the road and end up accidentally killing two people, do you deserve a death sentence?

  • Buffettgirl

    I hope you know that won’t happen… it’s a b.s. indictment if ever there was one… just sayin’ you shouldn’t get your hopes up. Even Alan Dershowitz and David Axelrod think it’s politically motivated b.s. and they aren’t what you would call your average neo-con are they?

  • LuvsHorror

    Heat of the moment? His two sons splatted between two vehicles? He had all the right in the world. I hope they can’t prove it. He doesn’t deserve jail for this.

  • LuvsHorror

    I’d take the rap. I’d be damn proud to be the one who pulled the trigger.

  • LuvsHorror

    I hate it when I accidentally pick up the wrong cell gun and shoot myself in the head.

  • ShelbySP

    I hope he gets off, just because his family has been through so much already and his poor wife and daughter need him.

  • Jessie

    Dude, if I had just watched someone murder my children— I would have done the same damn thing. I don’t give a shit if the driver was drunk or having a stroke when it happened. Sorry Athena 😉

  • At first I wanted to have a dog in this fight by saying right on, the guy just got his instant karma in the form of a father. However after reading a few different random thing’s about the case I am assuming the defense has him pleading not guilty at all, in hoping that the lack of evidence, and sympathetic jury will let him skate, after all it IS Texas, he stands a good a chance there as Florida for getting off on this. Especially under the circumstances.
    Look, I have no doubt seeing his boys killed that way fried his brain. It is obvious he hadn’t set out to kill anyone that day, or any other. But that the chain of events led him to a mental state one could have believed, temporarily insane. Claiming not guilty at all seems risky to me.

  • jansav

    I am sorry but that’s the way I feel. If the situation was as you described then perhaps I would feel different. In this case you drive drunk you kill some one you get what you get end of story. So nananana

  • Allisonn

    You forgot the part about those ”two people” being the fucking dad’s children.

  • nans11

    Can’t say that I blame him, those were his two young sons. Were they my children, I probably would have been so enraged, I would have done the same.

  • MrClayton

    So you as an average citizen cannot tell if a person is drunk? How can a bartender tell? I was driving down 69 in Oklahoma and this car was going north in the southbound lanes of a divided highway. I turned around, passed him and blocked the highway (I was driving an 18 wheeler) He stopped, backed up and proceeded to drive into the ditch. I got to him and by this time, several other citizens arrived and we got the keys out of the car and someone called the cops. (a while back before EVERYONE had cell phones) I could tell he was soused beyond comprehension. But even if he was stone sober and had a medical condition (if we are following the heat of the moment defense) it would be the same he was distraught over the killing of his children. The point is in that moment, one literally is out of their mind with emotions.

  • MrClayton

    He killed 4, 2 more are maimed for life. One of those with paralysis at the neck and needs equipment to breath and can only get about with a motorized chair that has the controller the young man has to use with his mouth. He cannot talk and has severe brain damage. Ethan Couch (see another post here today about his father) will be out of his posh rehab facility in a couple months and will have 10 years of probation. THAT IS IT FOR KILLING 4 PEOPLE and maiming 2 more.

  • MrClayton

    I have hope that ALL illegals no matter where they are from leave this great state of mine. I have several minority friends and they make great enchiladas and tacos and quesidillas…

  • Sejanus

    It would be pretty tough for me to put this guy behind bars for doing what most survivors of murdered family would like to turn back the clock and do.
    Sounds to me like it was a payback..that still wasn’t fair to the dad.

  • wastintime

    Especially at work! It can wreak havoc on work clothes. Oh! The dry cleaning bills! I won’t make that mistake twice!

  • jansav

    if it takes your pic at the same time you could end as a story here! LOL

  • Bartenders can tell because they interact with the person they’re serving. None of the reports state that dad went and talked to the guy before heading home to retrieve his gun.

    But, you’re right, even if it were a medical condition, the defense would be the same, and it doesn’t hold up legally. If he had the gun on him and it was an immediate reaction, sure. But he had to go home and retrieve it, which nullifies the heat-of-the-moment defense.

    It really doesn’t matter, ultimately, as I find it hard to believe there will be a conviction here. But he got charged because, if he did it, what he did was illegal. If there was an obvious and absolute defense, he wouldn’t have been charged.

  • Your state (any state) would be royally screwed if the illegals suddenly vacated. I don’t think most people realize the degree to which our economy has become utterly dependent upon them.

  • Sure, the animal kingdom. But we try to be a little more sophisticated than that. Well, some of us. 😛

    I’m not saying that what this dad did isn’t totally understandable. It’s just not legal. So, should a person decide to respond in the same manner, they’re rollin’ the freedom dice.

  • Texas Ranger

    I think he’s pleading “Not-Guilty unless you can prove it somehow”

  • Texas Ranger

    They only silver lining in the whole thing is I hope the shitheads whole inheritance is given to the victims and he don’t get to spend a dime of it and has to actually work and make something out of himself instead of being a worthless, irresponsible rich kid. No…I hope he gets caught buying a beer, gets his Probation revoked and heads to prison for the sentence he deserved, and lose his inheritance on defense lawyers and law suits.

  • Jessie

    I wouldn’t think twice ’bout rollin ‘dem dice (in this situation anyway). Like I said I don’t think I would be in my right mind if I saw you murder my children.

  • VenusDoom3

    Normally, I agree with you, Athena. In this case, though, I disagree about your point about this crime not being in the heat of the moment. Just because he had to walk home and get the gun doesn’t mean he wasn’t overwhelmed with mind-clouding grief and anger. I’d call this temporary insanity.

  • But it’s okay to drink your drug, isn’t it?

  • Edward Hickey

    If I was on the jury David he acquitted. Its not like he waited a few days and hunted the driver down, it was a anger & grief stricken man who loss his sons minutes ago. People need to be more careful on the roads at night, this could have happen just from someone texting which can be worst than some driving with a few drinks in them.

  • jansav


  • patrickdh10

    Temporary insanity is the way I see it. Not to mention being raised in a culture where gun use is encouraged to settle vendetta’s and feud’s or to deliver Texas justice. GW’s feud with Saddam started 2 war fronts over an assassination plot by Saddam to kill his dad. This left 220,000 dead and 5 times that wounded in Iraq and Afghanistan. Costing the precious lives of US soldiers with tens of thousand brave G.I.’s wounded. So it’s not a good idea to take Texas justice lightly.

  • I appreciate the level of emotion involved, believe me. And unlike the smart mouth with one too many “n” in her name suggests, it is not lost on me in the least that this man just witnessed the gruesome end of his two young sons.

    But for it to qualify as insanity by the legal definition, a mental health professional will have to assert that the man had a psychotic break (or some other diagnosable mental collapse) when he did what he did. The calculated nature of his actions, while not absolutely exclusive, do not support an insanity defense.

    Furthermore, people seem to be forgetting that heat of the moment or “crime of passion” murders still qualify for 2nd degree murder or manslaughter charges. A guy walks in on his boss screwing his daughter the day after she turns 18. He is understandably infuriated. He kills the guy, though, and he’s going to jail.

    I do not believe this father will be convicted. But not because what he did is legally defensible. It’s not.

  • thebossessecretary

    I’m so, so sorry. NOT.

  • LovelyLady666

    it’s called jury nullification, it’s how we the people nullify laws we do no agree with based on moral grounds, if this guy is defending the deceased and doesn’t understand jury nullification then they picked a horrible attorney.

  • Morgan Everett

    I think I would do the same thing, and anyone with a kid would agree with me. He witnessed two of his children being pinned between his truck and car and it must have been clear it was probably fatal. I cannot imagine the emotions he must have experienced. I’m not saying it’s entirely right, but if this goes to trial the jury will let him off with the least possible conviction, or acquit him altogether.

  • wolfe

    Don’t care – guy killed two kids. Oh well. maybe if more drunks got this sort of treatment, fewer of them would get behind the wheel.

  • wolfe

    Have you ever seen a person bisected from being hit and pinned to their car while trying to push it? I have. It was completely traumatizing. I was lucky enough not to know the guy. If he had been my relative, I probably wouldn’t be able to talk about it.
    And NO ONE can tell a drunk better than the people who have to share the road with them, even bar tenders.

  • wolfe

    Yeah it is like slavery, and we should have never allowed it. Legal immigration protects everyone.

  • I’m all for legal immigration if we practically eliminate the restrictions…

  • t0ofIy

    I know I’m in the minority but I think the dad should go to jail. What he did was murder. Even if the person he killed was a scumbag.

  • Nicole Wright

    I would agree with you if he had found the guy hours/days/weeks after the accident, but he shot him in the heat of the moment. I think he would have a temporary insanity defense. What he did was defensable, IMO.

  • Twisted1

    My mom was complaining the other day about illegals. She could not understand why the parents were sending their kids here without them. She said she don’t understand why these people don’t do it the legal way. When I told her the cost and the amount of time it takes to become a citizen she was shocked. She like a lot of people think its free to apply and that the waiting list is max 5-10 yrs. I also reminded her the application fee is in some cases a families yearly income if they have a good job. Desperation and wanting better for your children will continue to bring illegals over here. The only way it will ever stop is if they change things for the better over there.

  • Twisted1

    Don’t forget the Repo guy who was shot and killed. The guy who killed him walked away a free man too.

  • Not to mention that you can do everything right and still face deportation over stupid bureaucratic bullshit.

    At my last company, we had a machine technician named Hugo from… I’m thinking Venezuela? Anyway, dude was 50 something. Had immigrated in his early 20s, the legal way. He was sponsored by our company, everything was totally legit… his work visa expired, the government just decided not to renew it, and back to Venezuela he was being forced. My company was FURIOUS. He was our senior technician. The guy was a miracle worker. His last day at work, I teared up (yes, I have tear ducts, or at least did in my 20s) because the CEO was saying as Hugo had to leave, “Don’t worry, Hugo. Our lawyers are on this. We’re going to do everything in our power to get you back. It shouldn’t be long…”

    I was with the company for four more years. We never got Hugo back.

    It’s fucking bullshit that a man can spend his entire adult life here, making money for our economy, supporting our government with his tax dollars, then out of nowhere, we discard him back to a homeland where he has no life anymore.

    Our drug war has created the conditions down there that drive them here. May they continue to flood our borders. It is righteous retribution for destructive, ignorant policy.

  • Twisted1

    Cheering!!! I could not agree more. I am sorry about your co-worker that is just wrong. The first thing I did when my mom was complaining is read what is written on Lady Liberty. I asked my mom if she knew where it was written. Of course she had no clue. I was able to make her see another perspective and to change her mind a little that day. She at least was willing to listen and admit she may have been led to judge by listening to only one side.

  • Jessie

    Here’s what I don’t get. Why are they clogging up the borders? My husband was an illegal immigrant from Ireland. He simply bought a plane ticket and never got on his return flight home. Yes, after we were married we had to get a lot of lawyers involved so he wouldn’t be deported… but that’s another story. Why don’t they just buy a plane ticket and never go back? What is the point of paying all your life savings (in most cases much more the cost of a flight) to a “border guide” to get you across the Rio Grande only to be shot at by US Marshalls and Border Patrol? I just don’t get it. PS- that sucks about Hugo…

  • Kim Graves

    he walked home and got the gun that’s automatically considered “not the heat of the moment” sorry but it’s not

  • Kim Graves

    so he could have been 1 point over and considered drunk, depending on his size 2 beers can do that, I did not say “2 beers over” I said 2 1/2 beers so tell me you don’t have 2 1/2 beers and take a drive give me a break, he was too cheap to pay a tow truck and had two kids pushing a car in the dark and more than likely did not even have his hazards on…sorry that’s his stupidity and yes I understand what he saw and what happened he lost his boys but we see it everyday on here that parents are idiots sometimes

  • Kim Graves

    so how do you know the situation is not exactly like Athena described?

  • Kim Graves

    yeah in the moment but he not only went and got the gun but obviously something to clean the residue off him and disposed of the gun so the insanity defense is out the window he left the bullets open in his house

  • Kim Graves

    the law does not consider it heat of the moment if he leaves the scene then returns and also that debunks temporary insanity since he cleaned up after the fact most likely went home discarded his clothing and someone took them away for him, and washed with bleach or something

  • Kim Graves

    ok so if it’s proven he was .09 when the legal limit is .08 do you feel the same? that means he had 2 drinks that’s it! that could be any person here that it could happen to

  • Kim Graves

    I said the exact same thing when it happened before they even knew he was above the legal limit (I refuse to say drunk unless they release the report as .09 in a .08 state tells me he was not drunk not even buzzed) I look at it as a tragic accident because daddy had the kids pushing a car in the road in the dark and I bet his hazards were not even on, imagine driving even 30 mph and bam a car with no lights 2 kids omg I cannot even imagine and then getting executed for someone elses stupidity

  • Jeania

    lol I lived up in the Panhandle for a few years.. there’s a severe lack of greenery and water.. And it’s also a great state for bugs 😉

  • Texas Ranger

    True enough. You shoulda seen the big – ass Wolf spider I killed last night. It just sat there on a can of Wolf Brand Chili in the pantry just looking at me…”what you gonna do?” Splat his ass is what I did…Stupid spider…

  • jansav

    Because he was drinking and I don’t care if it was only two beers or not he took the chance of dying when he got behind the wheel after imbibing. Sorry if you don’t agree, that of course is your right, and I respect that.

  • jansav

    Yeah, I don’t have 2 1/2 beers and then take a drive, so you give me a break. He was 50 frkn feet from his driveway so why get a tow truck? and while this is a terrible tragedy I can’t feel bad for the other guy because maybe just maybe if he hadn’t had those two beers maybe those kids wouldn’t have died and neither would he. If he was drunk enough to be over the legal limit then he was drunk, don’t give a rats ass if you think so or not the law says drunk. There’s a reason they have limits.

  • Nikki

    Drunk or not the guy deserved it if this would of happened to my child (which I would not of let my child out of the car in a dangerous area in the first place) but given circumstances and all iffff that where to of happened to my child u best believe I would of done the same damn thing that dipshit deserved it this is why we go to the dmv to get our drivers lic and go through a road test to practice safe driving he should of gotten over or slowed the fuck down!!

  • You needed the all caps and exclamation mark to give it the feel of shocking news. 😛

    I am, however, surprised that the trial was over this quickly. Not sure why the prosecution even bothered trying the guy.

  • link07
  • link07

    GuessHe beat the system. Again don’t like vigilante justice, but as a father I can’t blame him to much either.

  • McDanel_1771

    Someone’s blood, unidentified, was in the car. That created reasonable doubt. What if he crashed into them because he’d been shot? On the other hand, I could justifiably consider this temporary insanity if it’s a plea in that state

  • Hime_Takamura

    I dunno, I think death may have been letting him off easy. I would have liked to see him have to live with the fact that he killed 2 little boys.