If the father did shoot the driver, there is no avoiding the fact that that is murder. However, I don’t think he’ll be convicted because any jury would see this as a case of “temporary insanity” on the part of a parent who has just seen his two sons killed by a drunk driver.
I’m not saying I believe in the temporary insanity excuse per se, but if there is such a thing, this would be an instance of it.
I think they will have a very tough time finding a jury to convict this father with anything more than a couple of years in prison or possibly just some time in a medical/mental rehab facility.
Did he take the law into his own hands? Yes, but I’m not sure too many of us would not have done the same thing.
Since we don’t really have a law that provides a satisfactory outcome in such cases, he didn’t take the law into his own hands.
I have a friend who is closely associated with the Brazoria County DA office. She says that the opinions expressed within the office are quite close to many of the opinions shared here. They are not at all confident that a jury will side with the prosecution on this one.
To that end, the consensus is to get convictions on lesser included charges and give Barajas probation.
I hope it turns out that way.
Possibly six months community service, giving talks to drivers convicted of DUI offenses on the repercussions of driving under the influence.