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.

“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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