Would you convict him?

#1
http://news.yahoo.com/father-charged-fatal-shooting-texas-wreck-231259736.html

HOUSTON (AP) — A Texas man has been charged with murder in the fatal shooting at a crash scene of a suspected drunken driver who authorities say plowed into his sons as they helped push their family's broken-down pickup truck along a dark, narrow, rural road.

David Barajas, 31, and his sons, 12-year-old David Jr. and 11-year-old Caleb, were about 50 yards from their Houston-area home when a car crashed into them. David Jr. died at the scene, while Caleb died later at a hospital.

Neighbors said they heard gunshots minutes after the Dec. 7 crash near Alvin, about 30 miles southeast of Houston. Jose Banda, the 20-year-old driver who hit the boys, was later found shot in the head. His death was ruled a homicide.

Brazoria County sheriff's investigator Dominick Sanders said Monday that witnesses told authorities they saw Barajas, right after the crash, walk to his home and then return a few minutes later and approach Banda's vehicle. Evidence showed one shot was fired, he said.

"Every time we would pursue a lead, it always came back to Mr. Barajas," Sanders said. "We have numerous statements placing him there at the car in close proximity to the victim at the time the gunshot was fired."

Barajas was indicted for murder Friday and turned himself in Sunday. He was being held Monday in the Brazoria County Jail on a $450,000 bond. Court records did not list an attorney for him.

Gabriel Barajas, David Barajas' brother, had previously said his sibling had remembered the crash as a "blur" and called speculation that his brother or another family member might have been responsible for Banda's murder "ugly."

Barajas' wife, Cindy, was in the truck when it was hit, along with the couple's 8-year-old daughter and 3-month-old son.

A search of Barajas' home found ammunition that is consistent with the bullet that killed Banda, but authorities have not located the weapon used in the shooting, Sanders said. The case is "going to be much more difficult if we don't have a weapon," he added.

Gunshot residue tests were done on both Barajas and Banda, and authorities are still waiting for those results, Sanders said.

Investigators also are awaiting DNA test results of some "biological material" that was found at the scene. Sanders declined to elaborate on the material that is being tested.
 
#3
Im guessing the bio material found was after he pissed on him.. only thing he didn't do was set him on fire.. which he should have done....
 

WolfGT

LIFETIME
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#5
"found shot in the head" ... dude killed two of my kids because he got drunk and went for a cruise, he would have been swiss cheese... then beat with a bat. Someone would have had to pull me out of the puddle previously known as him. Insanity plea should be an easy call, because it's most likely one of the few cases that it's true.
 
#6
This man in a moment of unimaginable grief did what most of us want to do. I for one may have done the same thing if presented with the same situation. I do have to step back and wonder who here has not made a terrible mistake, and one that could have ended just as badly. Who has a child that has not made one of those same decisions, and possibly could have caused a terrible tragedy. As badly as I want to say that the guy is a hero, I can't. This kid made a terribly bad decision that cost 2 lives. He does need to pay, to live with it, and remember every min of every day!
I have a coworker that his daughter was driving under the influence, hit/killed a pedestrian, and is currently 1/4 the way through a very long prison sentence. I see every day the pain she causes her own family, and can't imagine what the family of the victim feels. So I can't say that I support what he did, but I understand why he did it! This stupid kid made a deadly decision, and this stupid parent made a deadly decision as well! Why would you let 2 young kids push a car in the dark on a back road. Walk your *** home, call a wrecker, call a friend, call the county mounty! I worked in those very conditions for years, and I know how many close calls I had out on the road. There's no way I would even consider letting kids out of the car! I have literally used my massive *** wrecker to block the interstate while I was getting a fire truck ready to tow, and the SCHP didn't like it, but that officer did block a lane for me to get hooked up and rolling. I would rather piss off drivers and stay safe than to take a chance on something that I wasn't comfortable with.

Guess I got a FU point of view, but I feel like there was more than one person making bad decisions that night!
 
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