Texas Dad David Barajas Acquitted of Murdering Man Who Killed Sons

[conservaphobe]

A Texas father was found not guilty Wednesday of gunning down the man who killed his young sons in a drunken-driving accident. It took the jury three hours to acquit David Barajas, who was charged in the shooting death of 20-year-old Jose Banda Jr. in December 2012. Police said an intoxicated Banda struck Barajas and his two children while they pushed the family’s disabled truck down a road, just 50 yards away from their home in Alvin, south of Houston. Barajas’ children — David, 12, and Caleb, 11 — were killed.

Amid the chaos, authorities charged, Barajas went home, retrieved a gun and went back to the wreckage to shoot Banda in the head. Prosecutors argued that while Banda may have caused the accident, he didn’t deserve to die in a “revenge” killing. Barajas’ attorney, Sam Cammack, said his client’s only focus the night of the crash was trying to save his sons’ lives. Barajas would have faced up to life in prison if convicted.

http://www.nbcnews.com/news/crime-courts/texas-dad-david-barajas-acquitted-murdering-man-who-killed-sons-n190286

[The Magistrate]

1. I Expect I Would Have Voted To Acquit, Sir

[RiffRandell]

2. Holy shit!

I just saw this story last week. I didn't know what to make of it, but it sounded like they didn't have much evidence.

Bizarro story.

[Burma Jones]

3. I guess the "Some Folks Just Need Killin" Defense worked.......

I got shot at in Houston once...well, I had a bullet hole put in the back of my pickup, on the way home from my summer job at Astroworld.....

[Erich Bloodaxe BSN]

6. It might simply have been lack of evidence.

They didn't find the gun, or witnesses according to what I heard. Although, of course, whether or not evidence is found sometimes depends on how hard people are looking for it, or how prosecutors are willing to present it.

[exboyfil]

8. He had motive and opportunity

but reasonable doubt shows that others had the same (such as the mother). The prosecution did not stand a chance when they couldn't point to a gun of the correct caliber that he had access to (so no means).

Also I got to think a bit of jury nullification was going on. I also wonder if the the law enforcement investigators worked really hard. I think even if they had video of him pulling the trigger, you would still have gotten at least one holdout.

[Lurks Often]

7. It was a weak case

No witnesses, no murder weapon, no gunshot residue on Barajas's hands and no intact bullet.

Closest things to evidence was a missing hard drive from the family's home security system and an empty holster and a box of bullets. That wouldn't get me over the beyond a reasonable doubt threshold

http://www.wfla.com/story/26364791/trial-over-drunken-drivers-murder-splitting-texas-town

[Blue_Tires]

4. Meanwhile, the 'affluenza' kid lives and breathes...

"Justice" is some kind of sick illusion...

[Cali_Democrat]

5. I can't agree with this.

He went home, retrieved a gun and shot him in the head.

[Lurks Often]

9. They had no real evidence, see my post #7 for more details.

[IronGate]

10. Allegedly, and the jury agreed with the defense that the prosecutor failed

to prove it's case.

[exboyfil]

11. No gun was produced

No gun powder residue found on him. No witness saw him. The mother also had motive and opportunity. Also neighbor, friend, or other family member.

[TBF]

12. Reasonable doubt -

They just didn't have enough evidence. And if he did do it it's between him and his conscience. He's already lost 2 kids so his life will not be easy either way.

[malaise]

13. Great news

for a change

Rec

[JI7]

14. i think drunk drivers and gun nuts are selfish