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11/22/2024 11:17:23 am

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Texas Dad Acquitted For Shooting Drunk Driver Who Killed Sons

David Barajas

(Photo : aattp.org)

A Texas jury decided on Wednesday to acquit a father accused of fatally shooting a drunk driver who ran over his sons and killed them in December 2012.

David Barajas, a 32-year-old Texas man, was acquitted of murder charges in relation to Jose Banda's death almost two years ago after the victim plowed into Barajas and his two sons, Caleb and David Jr., as they were pushing a vehicle that had run out of gas down a rural road 30 miles southeast of Houston.

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Banda, 20, was later found dead in his car.

During the investigation, authorities initially believed that the 32-year-old father went to his house about 100 yards from the crash scene and returned to avenge his children by shooting Banda.

However, after three hours of deliberation of the evidence and varying accounts of Banda's death, the jury decided that there was reasonable doubt that Barajas had killed Banda.

After the jury's decision was revealed, the Barajas family broke into tears while Banda's family sat stunned with the outcome of the case.

Meanwhile, David Barajas expressed his grief in spite of the relief of being acquitted, citing that it was a loss for everybody.

"I am relieved but still in pain. My two boys are dead and nothing will bring them back," he stated during a post decision press conference, adding that the Banda family had lost a son, too.

On the other hand, District Attorney Jeri Yenne was not happy with the decision, stressing that prosecutors would only present a case if they believed a person to be guilty. 

If the decision had been different, Barajas could have been facing a life sentence.

Legal experts stated that the absence of witnesses tying Barajas to the crime, as well as gunshot residue results were what led the jury to side with the bereaved father, not sympathy for his loss of two sons.

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