[Litos]

ok, so this incident happened about 2 weeks before Christmas last year to a family that we're close to.

when my mom and dad first got to the Houston area, they befriended the Barajas Family.

the grandparents had 14 children, who in turn started reproducing like crazy HAHA !!!

that said, this family is quite massive in Brazoria County - my 39 year old brother, me being 32 and my little brother who is now 27 all went to school with the Barajas Family.


Cliff Notes:

(1) dad and two sons (12 and 11 years of age) break down in their truck on the side of the road
(2) sons get out and start pushing truck
(3) drunk driver comes by and crashed into truck, killing both children yards before getting to their respective driveway
(4) father loses his marbles, goes in the house, brings out a shotgun and shoots the drunk driver in the brains
(5) father gets charged with murdering the drunk driver that killed his kids

Originally Posted by Click2Houston

HOUSTON, DECEMBER 8th 2012 - The name of a driver who was shot to death after his vehicle struck and killed two boys near Alvin was released Monday, but many more questions remain.

Jose Banda, 20, was found in his car with a single gunshot wound to his head. Witnesses reported hearing gunshots shortly after Banda's vehicle slammed into a disabled pickup truck on Herring Road near Alvin at 11:30 p.m. Friday.

Investigators said the Barajas family was coming home from a family dinner when their truck ran out of gas. David Barajas II, 12, and his brother Caleb, 11, got out to help their father, David Barajas, push the pickup home. Detectives said they were almost to their driveway when Banda slammed into them from the rear. Both boys were killed. Their father received minor injuries.

Deputies said they did not find a gun in Banda's car or at the Barajas family home when it was searched on Saturday. They are not ruling out the possibility that Banda shot himself or was shot by someone riding with him or passing by.

"That's definitely a possibility and if that winds up being the case, we'll wind up looking for them as well. Tragic incident that's happened and we're determined to get to the bottom of it to see what happened," said Dominic Sanders with the Brazoria County Sheriff's Office.

Deputies said they are not naming any suspects at this point. They are trying to determine if anyone left the scene of the accident after Banda was shot.

BRAZORIA COUNTY, Texas FEBRUARY 11th 2013- A Brazoria County grand jury has indicted a father for the murder of another man.

According to investigators, David Barajas shot and killed a drunk driver who hit and killed his two young sons.

Detectives said Jose Banda crashed into the family's pick-up truck on December 7, 2012 and had a blood alcohol concentration of 0.175g/ml.

Barajas is being held on $450,000 bond.

[Ashley Schaeffer BMW]

I say he should be released without charges.

Drunk drivers are pathetic and have no problems putting everyones lives at risk when they get behind the wheel of a car so we should hold their lives in the same regard.

It was a crime of passion and with the way our justice system works that would be the only way to guarantee justice.

[Litos]

Originally Posted by JAM3S

It was a crime of passion and with the way our justice system works that would be the only way to guarantee justice.

this.

guy would have gotten off with one year of probation after killing two children....

i probably would have done the same thing as well....

brutal how it all went down - like something out of a movie.....

[Mr Tonka]

Not surprised by his actions. In a country where people are not held responsible for their actions, this man made sure this person paid for his sons lives with his own.

That being said, we can't all just shoot people for using bad judgement. Although in some cases it seems like swift justice. The problem is that the person who was shot is someone's son or someones father. As crapy as it is, 2 wrongs don't make a right. Ultimately the father has created the possibility that his sons lives are paid for with the drunk driver's life and possibly the rest of his own life.

[Vic311]

An eye for an eye is still a way of life in most countries.

Except in ours... you get charged with murder instead. -smh-

[MisterSkiMask]

No way should it have been murder, terribly sad.

I would say that (provided the father has an otherwise clean record) he is not a danger to society and should not be in prison.

The drunk piece of shit would not have been charged with murder.

Broken system

[1fastdoc]

Jury will acquit. That guy probably saved lives that day.

It's amazing how this country can become so polarized over weapons after a tragedy but ignore the countless lost lives to repeat drunk drivers. Guess it doesn't make good news.

[fatgrandma]

It most probably was the wrong thing to do, but just imagine being in the situation of this guy. I guess every of us who has children already would think of doing the same thing... even if you would be sure you will spend years in jail for this.

I don't know the situation in the US, but it pisses me off, that in europe when someone is drunk he will be punished less then when he is sober. That's bullshit. "Oh, he killed two kids... BUT he was drunk, so he didn't know what he was doing". It should have be "He, killed two children AND additionaly was drunk too... we should make him work in a coal mine for the rest of his life 20 hours a day, seven days a week".

[kevinbahnz]

i would bash his head in with my bare fists. I can't even think about anyone hurting my kids let alone murder them without getting furious.

[Litos]

Originally Posted by kevinbahnz

i would bash his head in with my bare fists. I can't even think about anyone hurting my kids let alone murder them without getting furious.

right ??

i couldn't even begin to imagine what his two kids looked like after the truck smashed into them.

imagine what was going through the father's head after looking behind his truck and potentially seeing his son's head smashed in, or wide open exposing his brains or something. and then seeing the other son, who was probably just as gruesome.

i'll be posting updates as this story develops and gets closer to trial, hopefully there are more stories about it locally.....

[Uber V8]

I think killing the guy is the easy way out. If I had the proper equipment, I would make sure to paralyze this guy from the neck down for life.

If I have to live with losing my two boys to drunk driving, then he has to live with the conscience of knowing he killed two adolescent boys.

My condolences to both families though, sad stuff.

[Litos]

Originally Posted by FwdFtl

If I have to live with losing my two boys to drunk driving, then he has to live with the conscience of knowing he killed two adolescent boys.

and here are some of the comments in that story from local Houstonians....





Brad Willingham • 14 hours ago
If I recall correctly, this wasn't the drunk driver's first offense. Thank you Mr. Barajas for helping to make sure the tragedy you endured doesn't happen to some other father by those same hands

Maleficent • 15 hours ago
Flag as inappropriateToo bad the dad has to be punished. Sounds like he served proper justice to the drunk who killed his kids.

TheTruthSayerSpeaks >Maleficent • 3 hours ago
He did the courts job way better than the court can do. And saved some of our tax money.

Worsham Abbott >Maleficent • 18 minutes ago
This is a perfect situation for the citizens on the jury to invoke Mr. Jefferson's doctrine of jury nullification.

Jeff Thompson • 14 hours ago
No way I would find this man guilty if I was on the jury. That drunkard got exactly what he deserved.

06gxxr1k >Glock • 15 hours ago
Yes Sir. Gotta say, I am right with ya on this one. I hope that if this goes to trial the jury is full of fathers.

Pager710 • 14 hours ago
Shake him loose. Man recklessly killed his two boys...can't say I'd act any different. Hope a Jury feels the same way and acquits.

idgit • 13 hours ago
There is a flavor of justice that cannot be judged. There is not a father or parent for that matter that would not loose their restraint in the circumstances around this case. Imagine what kind of scream this man heard as his children were killed. If a blind eye were ever justified, this is an exemplary case for acquittal.

Frank Morales • 12 hours ago
I have to be on the father's side If the drunk were left to face punishment, it would have not been anything that would reflect what he did. I hope the jury finds him temporary insanity and innocent.

Greenasp • 11 hours ago
Sounds like a simple case of temp insanity. Best of luck Mr. Barajas!

J Brown • 3 hours ago
Mr. Davis Barajas is a hero. What he did isn't murder: it's justice. If this case is tried by a jury, I wouldn't be surprised if he is acquitted.

Jason Martin • 2 hours ago
Justice was carried out in my opinion. Let the man walk!!

k0309us >lld2282 • 2 hours ago
Yes, he had time to think...time to think of his dead sons, one of whom according to other witnesses not quoted here was basically cut in half on impact...that would consume a father's mind for a long time clouding rational judgement. I don't condone murder but this case has horrific extenuating circumstances. I'd hate to be on the jury.

brandi • an hour ago
SOOO they did shoot that guy! I was thinking he did.. i really hope he doesn't go down for this. I would've shot him too, after watching him decide when my son's lives were up.

[Uber V8]

^^ Other than the saving taxes comment, I'm still sticking to my opinion.

being paralyzed, tube fed at 20 years old for the rest of your life, you would be praying someone would shoot you in the head.

On the other hand, I don't have kids, so I can only imagine if I really witnessed this in front of my eyes how I would snap.

[Litos]

Originally Posted by FwdFtl

^^ Other than the saving taxes comment, I'm still sticking to my opinion.

being paralyzed, tube fed at 20 years old for the rest of your life, you would be praying someone would shoot you in the head.

On the other hand, I don't have kids, so I can only imagine if I really witnessed this in front of my eyes how I would snap.

i'd have a real hard time trying to not immediately end this guy's life after reading this:


k0309us >lld2282 • 2 hours ago
Yes, he had time to think...time to think of his dead sons, one of whom according to other witnesses not quoted here was basically cut in half on impact...that would consume a father's mind for a long time clouding rational judgement. I don't condone murder but this case has horrific extenuating circumstances. I'd hate to be on the jury.

[Colt]

Family dinner at 11:30pm?

[kevinbahnz]

Originally Posted by FwdFtl

^^ Other than the saving taxes comment, I'm still sticking to my opinion.

being paralyzed, tube fed at 20 years old for the rest of your life, you would be praying someone would shoot you in the head.

On the other hand, I don't have kids, so I can only imagine if I really witnessed this in front of my eyes how I would snap.

sounds like you're punishing his family more, because someone has to take care of him. maybe just cutting off one leg, his penis and opposite arm.

[Uber V8]

Originally Posted by Litos

i'd have a real hard time trying to not immediately end this guy's life after reading this:


k0309us >lld2282 • 2 hours ago
Yes, he had time to think...time to think of his dead sons, one of whom according to other witnesses not quoted here was basically cut in half on impact...that would consume a father's mind for a long time clouding rational judgement. I don't condone murder but this case has horrific extenuating circumstances. I'd hate to be on the jury.

damn...can't even have a proper funeral.

Originally Posted by kevinbahnz

sounds like you're punishing his family more, because someone has to take care of him. maybe just cutting off both legs, arms and his penis.

ftfy.

sounds reasonable

[Seminole]

I strongly believe if you kill someone while driving drunk it should be a mandatory death penalty.

[MediaArtist]

Don't see the problem. He should be given a medal, and a cash reward, he probably saved countless lives.

[Litos]

^^^^ these 2 guys get it.....

[m3fanatics92]

if we all do it like the father and the justice is served by letting him walk away, there's no drunk dirver in the next 30 days lol

[3_runner]

Yeah, I do the same.