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Thread: David Barajas Found Not Guilty in 2012 TX Slaying of Drunk Driver Jose Banda

  1. #1
    Administrator Helen's Avatar
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    David Barajas Found Not Guilty in 2012 TX Slaying of Drunk Driver Jose Banda


    Jose Banda, 20


    Cindy Barajas, Jenessah Barajas, Caleb Barajas, David Barajas and David Barajas Jr. Caleb and David Jr. were killed Dec. 7, 2012.


    Trial of Texas father accused of shooting driver who killed 2 sons raises legal, moral issues

    By Associated Press

    ANGLETON, Texas – David Barajas denies killing a drunken driver in a fit of rage after his two sons were fatally struck in 2012 on a rural road in Southeast Texas.
    His defense attorney says Barajas is a good man, a grieving father and not a murderer. At the same time, his defense hasn't publicly suggested who else might be responsible for Jose Banda's shooting death.

    Barajas' trial is set to begin Monday in a case with many complexities: No weapon was recovered, no witnesses identified him as the shooter and many in Barajas' community have strongly sympathized with him, with some saying they might have taken the law into their own hands if faced with a similar situation.

    Legal experts acknowledge prosecutors could face a greater challenge than simply proving who committed the shooting, similar to another Texas case from 2012 in which a grand jury declined to indict a father who killed a man who molested his child.

    "It's not the right way to do it, but jurors a lot of times make judgments based on moral responsibility, not legal responsibility," said Joel Androphy, a Houston defense attorney who isn't connected to the case.

    The trial will focus on prosecutors' allegations that Barajas shot 20-year-old Banda in the head in December 2012 near Alvin, about 30 miles southeast of Houston. Minutes earlier, Banda's car struck Barajas' sons as they pushed the family's broken-down truck down a dark, narrow road just 50 yards from their home. David Jr., 12, died at the scene; 11-year-old Caleb died at a hospital.

    If convicted of murder, Barajas faces up to life in prison.

    Many in the community have rallied around the 32-year-old father, including setting up a Facebook page called "Free David Barajas," which details fundraising events and where individuals have expressed their support.

    But Banda's family says their loved one's fate should have been decided by the justice system and no one else.

    "What (Barajas) did wasn't right," said Felicia Leija, 22, Banda's common-law wife. The couple has a 2-year-old daughter, Alisa, who was born a few months before the crash. "For other people to say they would have done the same thing ... you don't know what you would have done."

    Barajas' attorney, Sam Cammack, says claims that his client took the law into his own hands are untrue, noting that Barajas didn't even own a gun. Brazoria County District Attorney Jeri Yenne declined to comment.

    Neighbors said they heard gunshots minutes after the crash, and authorities allege Barajas went home, retrieved a gun and went back to the crash site, where he shot Banda in the head.

    Toxicology tests later determined Banda had been driving while intoxicated. But Brazoria County sheriff's investigator Dominick Sanders said that in the moments after the crash, there had been no way to know it was alcohol related.

    Witnesses have identified Barajas as the person who approached the vehicle before the shooting, Sanders said. And other witnesses said there was a man opening fire but none could identify Barajas as that person.

    Investigators never found the weapon, and gunshot residue tests done on Barajas came back negative.

    A search of Barajas' home found ammunition consistent with the bullet that killed Banda, but Sanders said the missing weapon could still make "a big difference in the case."

    So could the perceived moral circumstances, which legal experts agree may influence jurors. In June 2012, a grand jury in Shiner decided not to charge a father who fatally beat a man who was found molesting his 5-year-old daughter behind a barn. In that case, the father called 911 afterward and urged paramedics to rush to the scene, shouting, "Come on! This guy is going to die on me!"

    From a strictly legal perspective, experts say the Barajas case will be difficult to prosecute given the lack of hard evidence.

    "The prosecutor is starting from behind the eight ball," Houston criminal defense attorney Grant Scheiner said.

    Cammack would not speculate on who may have shot Banda.

    "Mr. Banda lost his life out there at the scene that night, somehow," he said. "That is not a good thing. But to suggest Mr. Barajas has anything to do with it is a far stretch of the imagination."

    http://www.foxnews.com/us/2014/08/18...s-legal-moral/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    In murder trial, two families dealing with grief

    By Anita Hassan

    ANGLETON - The family of David Barajas walked one by one into a tiny Brazoria County courtroom Tuesday morning, wearing blue and white buttons displaying pictures of the man's two young sons dressed in white suits, with angel wings digitally imposed on their shoulders. Below the photos were the words, "Forever in our hearts. David and Caleb Barajas."

    Related:


    Within an hour, nearly 40 of Barajas' family members packed the courtroom gallery, but soon some were asked to step outside. The judge wanted to make room for relatives of Jose Banda, the 20-year-old man who drove into Barajas' sons, 11-year-old Caleb and David Jr., 12, on a rural Brazoria County road in December 2012, killing them both.

    Their father stands accused of killing Banda, who moments after the deadly drunken driving crash was found in his vehicle with a gunshot wound to the head.

    "This is a difficult case for everyone involved," state District Judge Terri Holder said as opening arguments began in the murder trial. She asked that the pins be removed so there was no unfair influence over the jury and did not allow a life-size cardboard cutout of the boys in the courtroom. "I know everyone in here has lost someone they love."

    For relatives of both families, maintaining composure on the first day of testimony was difficult. Autopsy photos of Banda elicited tears so loudly from one woman that the judge asked the jurors to momentarily leave the courtroom.

    During a 911 recording of a frantic teenage boy, who described the children being hit and later hearing what he said was a gunshot, members from both families fought back tears, many cupping their hands of their mouths to muffle their sobs.

    Difficult to watch

    A dash cam video from an Angleton Police Department officer's patrol car, showing Barajas kneeling by the side of his young son Caleb, appearing to desperately attempt CPR while his wife, cried out of help, caused a few of his family members to leave the courtroom.

    "It is difficult to not get emotional," said Barajas' cousin Lisa Rodriguez, after the day's proceedings. "It was hard hearing (the boys') mother cry out for help."

    On Dec. 7, 2012, Banda's Chevrolet Malibu rear-ended the Barajas' family's Ford 250 truck that had run out of gas on an unlit county road near Alvin. Barajas' young sons were helping their father push the vehicle to their home, about a 100 yards away, when Banda's car then plowed into the truck and crushed the boys.

    David Jr. died at the scene, and Caleb died at a hospital.

    Shortly after the crash, 911 operators received calls about gunshots fired. Authorities later arrived at the scene to find Banda slumped in the front seat of his car with a bullet wound to his head.

    Tests showed Banda's blood alcohol was nearly twice the legal limit when the crash occurred.

    "Jose Banda did a stupid thing, he made a horrible decision by drinking and driving," assistant Brazoria County District Attorney Brian Hrach told jurors during opening arguments. He noted that the man deserved to be punished legally. "But he did not deserve a public execution."

    The prosecutor also reminded jurors to pay attention to the facts of the case.

    "Although tough," he said. "Please be advised that emotion cannot be what decides guilt or innocence."

    Driver was shot in head

    A Brazoria County grand jury indicted Barajas on a murder charge after a two-month investigation, during which authorities located a witness who reported seeing Barajas walk from the crash scene to his nearby home and return to Banda's car and hearing gunshots.

    Authorities allege Barajas left the scene of the wreck, retrieved a gun from his home and returned to kill Banda.

    The witness was not close enough to see if Barajas had a weapon in his hand. Investigators later searched Barajas' home, where they found an empty holster and unused ammunition, but no weapon.

    Gunshot residue tests done on Barajas' hands came back negative.

    Barajas pleaded not guilty. If convicted of murder, he faces up to life in prison.

    Hrach told jurors that Barajas' blood was found inside Banda's vehicle and that an expert will explain the ease of washing away gun residue.

    Burden of proof

    Sam Cammack
    , Barajas' attorney, stressed to jurors the prosecution must prove that Barajas shot Banda. He told jurors his client's main focus that night was helping his children.

    "When police get there, my client is doing what he's been doing the whole time, trying to save his son's life," Cammack said during opening arguments.

    During cross-examination of two 911 dispatchers who answered calls the night of the incident, Cammack seemed to be suggesting Barajas would not have had enough time to have shot Banda.

    Attorneys questioned several witnesses Tuesday, including Banda's wife Felicia Leija, whose tearful testimony added to the day's emotions.

    Prosecutors showed jurors pictures of Banda in the hospital holding a newborn girl, beaming with pride. Now a toddler, she was 5 months old when he died.

    "I just don't trust anyone anymore," said Leija, who began to cry when asked by prosecutors how her life had changed since Banda's death. "Everyone has something bad to say about him, but he was a good guy. My daughter still asks for him sometimes."

    http://www.chron.com/news/article/Ju...ns-5697997.php
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  3. #3
    Administrator Helen's Avatar
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    Barajas Trial: Witnesses Say Never Saw Barajas With Gun

    By Ashley Johnson, Multimedia Journalist

    HOUSTON (FOX 26) - Several witnesses took the stand for the trial of a father suspected of shooting and killing a driver who killed his children. Fox 26's Ashley Johnson listened to those testimonies in Angleton. This morning two teenage boys who drove up to the car crash testified. They were the ones who called 911 that night The high school witnesses were questioned by prosecutors and the defense for several hours. Both the Barajas and Banda families were there. The boys described driving up to the tragic car crash in Alvin December 7, 2012. Their testimonies varied in terms of some details. But both boys described seeing two children badly injured and hearing lots of screaming. Neither witness claimed ever seeing David Barajas with a gun. "I can't really comment on that bc we're in the middle of trial. But I think the boys they testified excellent," Barajas' Attorney Sam Cammack said. "Something that you relive regardless. You wish it were just a dream, a nightmare. But it's a nightmare you have to relive every night," Barajas' Wife Cindy said. Emotions still ran high today. A 9-1-1 call from that night was played several times. Barajas was covering his ears at one point.

    http://www.myfoxhouston.com/story/26343003/barjas-trial-witness-say-never-saw-barajas-with-gun
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    PROSECUTION WRAPPING UP IN DAVID BARAJAS TRIAL

    ANGLETON, TX (KTRK) -- Testimony is back underway in the murder trial of a father accused of killing the drunk driver who killed his children.

    Later today, David Barajas' defense team could begin setting out their case. Prosecutors are expected to wrap up their case today.

    This morning, an investigator who searched the Barajas home after the incident was on the stand. Chris Anderson with the Brazoria County Sheriff's Office testified that he found an empty holster in the Barajas house after the shooting.

    David Barajas is on trial for the murder of Jose Banda, 20.

    Investigators say Banda was drunk when his car slammed into the Barajas family vehicle, killing two children immediately. Prosecutors allege David Barajas then shot and killed Banda.

    Barajas denies it and investigators were unable to find a gun anywhere near the scene. That's why some see this evidence - that investigators say they found a holster in the home - as a big part of the trial.

    Barajas' defense attorneys say they will only take a couple of days to present their case. The trial is expected to go to the jury late this week.

    http://abc13.com/news/prosecution-wr...-trial/280226/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Administrator Helen's Avatar
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    Closings near in trial of father accused of fatally shooting drunken driver who killed sons

    ANGLETON, Texas – A Southeast Texas jury is to hear closing arguments in the trial of a Texas father accused of fatally shooting a drunken driver who killed his two sons in a crash.

    The Brazoria County jury will hear arguments Wednesday before deliberating the murder case of David Barajas (bah-RAH'-hahs). Both sides rested their cases Tuesday in a state district court in Angleton, with the defense calling just three witnesses.

    Barajas is accused of fatally shooting Jose Banda in December 2012 near Alvin, minutes after Banda hit a truck Barajas and his two sons were pushing after it ran out of gas. Twelve-year-old David Jr. and 11-year-old Caleb were killed.

    If convicted, Barajas faces up to life in prison.

    http://www.foxnews.com/us/2014/08/27...en-driver-who/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  6. #6
    Junior Member Newbie loren's Avatar
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    I would not want to be on this jury.

  7. #7
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    Dad found not guilty in shooting death of drunken driver who killed kids

    Amanda Perez, Reporter

    ANGLETON, Texas - The jury returned a verdict Wednesday in the trial of a father accused of fatally shooting a drunken driver who killed his two young sons in a crash. David Barajas was found not guilty.

    Both sides rested their cases Tuesday in a state district court in Angleton, with the defense calling just three witnesses.

    Barajas is accused of fatally shooting Jose Banda in December 2012 near Alvin, minutes after Banda hit a truck Barajas and his two sons were pushing after it ran out of gas. Twelve-year-old David Jr. and 11-year-old Caleb were killed.

    http://www.click2houston.com/news/ju...river/27754042
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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