Tragic case in Texas

[Armybrat]

HOUSTON —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.



Barajas ain't going to prison I'll bet.

[Glock23]

If he had been carrying his gun, the crash happened, then he shot the guy then and there, I'd be inclined to agree with you.

However, the fact that he walked home to get his gun and come back to shoot the guy shows premeditation, in which case he'll probably go to jail.

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[Longitude Zero]

The Barajas "F'ed" up. He deserves the needle. Even if he shot the guy contemporaneous with the crash proving his life was in iminenent danger is a stretch. Even this would appear to be a vigilante killing.

[Bawanna]

The only loss I see here is two boys with their whole life in front of them gone.

I do feel for the dad, if some drunk killed my two boys I'd most likely shoot him too but I wouldn't have to go to the house.

So now we have wife and 2 children to add to the welfare rolls.

Sad deal all the way around.

[KoolBreeze]

Banda got what he deserved, as far I'm concerned. I feel sorry for the Mr. Barajas, his wife and the 2 remaining children. If I were on the jury, I'd never vote to convict him. My guess is he was completely distraught, briefly lost his mind, and hopefully a good attorney will get him off.

[muggsy]

That's how I see it.

[Armybrat]

Justice here in Texas sometimes can be a little bit different from where y'all live. Here's a comment from a Texas lawyer from the thread where I copied that story:


i had a client who worked for the U.S. Forest Service in a depo one time, and the defense lawyer is going through the preliminary questions...name, family, etc. he asks if he'd ever been arrested...not a question i thought about too much considering his tenure with the USFS, nor one the the defense lawyer took seriously, either.

"Yes."

"Really? For what?"

"Homicide."

"Where?"

"San Augustine county."

(i sat straight up, as did the D lawyer).

turns out the guy decided to take an early lunch and surprise his wife, which he certainly did when he got home by walking in on her and some dude doing the horizontal bop. my guy says "i'm going to my truck and get my gun, and if you (the guy) aren't gone when i get back, i'm going to shoot you." which he did, the guy didn't leave, so he popped him. gave his wife 2 mins. to clear out....which she did, running naked through the woods.

so they go before the Grand Jury and the GJ no bills the guy...3 of the jurors came up to him afterwards and asked him why he didn't shoot his old lady, because they would have.

the lesson...in East Texas...and a lot of places in Texas i suspect...if you can answer the following two questions with a yes, then you're likely to get a lot of understanding from a potential fact-finder:

1. did the guy need killing?

2. was this defendant the right guy to do it?

take that for what it's worth...

[ltxi]

Barajas ain't going to prison I'll bet.

Perhaps not, but he certainly should.

[Armybrat]

One never knows until all the facts are in.

[ltxi]

Yeppers

[AJBert]

Three things I need to know, and probably much more, before I can comment intelligently:

1. "Suspected drunken driver"? Was the driver above the limit or not?

2. Hazzard lights on the vehicle being pushed?

3. This was on a "dark, narrow rural road". Better to leave the truck on the side of the road when only 50 yards from the house until daylight?

Not clear cut on either side from the limited information to me.

[muggsy]

We were discussing this very subject at work one day. When I was asked what I would do if I found another man sleeping with my wife I answered, "I'd give him $2 and tell him where he could find a good piece". That ended the conversation.

[KoolBreeze]

My philosophy when it comes to wives and affairs has always been that if someone else can get them, then I don't need them. And if they are sleeping around then they dang sure aren't worth going to prison over.

[jlottmc]

The Barajas "F'ed" up. He deserves the needle. Even if he shot the guy contemporaneous with the crash proving his life was in iminenent danger is a stretch. Even this would appear to be a vigilante killing.

We have a sudden passion defense down here that is codified. What happens if successful is that he will be charged for Murder (Felony 1'st degree) and then at sentencing it can be lowered to a 2'nd degree felony. Not much difference in the range but has a chance at parole in 20 years.

[queevil]

This could go different ways. Crimes of passion in which a murder is committed often bring lighter sentences. It wouldn't surprise me if he were to reach a deal with the prosecutor to plead to a lesser charge of voluntary manslaughter.

In '80 or '81 my aunt was murdered hy her husband. He also murdered a man that he suspected she was sleeping with. In light of the fact that he probably would not have committed the murders under any other circumstance(a crime of passion) he was allowed to plead guilty to two counts of voluntary manslaughter to avoid a life sentence or the death penalty. He was sentenced to two twenty year terms to be served consecutively for a total of 40 years. He paroled after serving 25.

[Kinetic]

The problem is that he walked to his house and back before he blew that scumbag away. That is premeditated. Justified killing IMO, and he'll need a good lawyer even in Texas.

[Scoundrel]

That one sucks all around.

But, if he was going to kill the drunk driver and nothing was going to stop him, he "should have" beat the driver to death with a rock, right there on the spot, instead of going back to the house for the gun.

[Longitude Zero]

The problem is that he walked to his house and back before he blew that scumbag away. That is premeditated. Justified killing IMO, and he'll need a good lawyer even in Texas.

True. He will need a GREAT ATTORNEY. If he goes the public defender route he will get a pretty good attoreny but he will in all likelhood be convicted.

[KoolBreeze]

All it takes is one sympathetic juror and you have a hung jury. One dad or mom that don't care what the law says and votes with their heart.

[yqtszhj]

My philosophy when it comes to wives and affairs has always been that if someone else can get them, then I don't need them. And if they are sleeping around then they dang sure aren't worth going to prison over.

Exactly. If you can't trust them they gotta go. Not worth wasting time on them.

I had a girlfriend one time when I was young that did that and I dropped her like a hot potato. I heard later that when she got engaged to be married she took a trip for one last "fling" before she got married that her future husband knew nothing about. When she came back she was expecting and they got married really quick. So, who's kid was it?????

[itsthelaw]

First, the driver was DOUBLE the legal limit, so he will be seen as legally drunk. I'm not sure it really matters that much if he was or not. The key is what the prosecution tries to pin on him. If Murder #1, he will be acquitted. If they try him for manslaughter, he will likely be convicted. The fact that this man watched one child die and another near death at the scene will certainly be seen by a jury as reason for confusion, insanity, blurred judgement, etc. Texas is a different place.

BTW, I would have beat the %&#@! out of him with my gun, surgically removed parts with my knife, and only would have shot him if that didn't work. That would have been seen as pretty insane. The tragic part is the death of 2 young souls and a broken family. The driver made a choice and it didn't work out well. We need to get back to personal responsibility, and this is a good case for everyone involved.

[Armybrat]

First, the driver was DOUBLE the legal limit, so he will be seen as legally drunk. I'm not sure it really matters that much if he was or not. The key is what the prosecution tries to pin on him. If Murder #1, he will be acquitted. If they try him for manslaughter, he will likely be convicted. The fact that this man watched one child die and another near death at the scene will certainly be seen by a jury as reason for confusion, insanity, blurred judgement, etc. Texas is a different place.

BTW, I would have beat the %&#@! out of him with my gun, surgically removed parts with my knife, and only would have shot him if that didn't work. That would have been seen as pretty insane. The tragic part is the death of 2 young souls and a broken family. The driver made a choice and it didn't work out well. We need to get back to personal responsibility, and this is a good case for everyone involved.

I pretty much agree with all that.