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Father charged in fatal shooting after Texas wreck (shot man who ran over his sons)
Charter ^ | nday, February 11, 2013 7:40 PM EST | JUAN A. LOZANO Associated Press

Posted on 02/12/2013 10:04:43 AM PST by Pan_Yan

HOUSTON (AP) — 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.

(Excerpt) Read more at charter.net ...


TOPICS: Crime/Corruption; News/Current Events; US: Texas
KEYWORDS: dui; murder; texas
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1 posted on 02/12/2013 10:04:49 AM PST by Pan_Yan
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To: Pan_Yan

Tragic.


2 posted on 02/12/2013 10:07:56 AM PST by Albion Wilde (Gun control is hitting what you aim at. -- Chuck Norris)
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To: Pan_Yan

Witnessing a drunk driver run over your two kids, killing them and finding him apparently “OK” could be a textbook scenario for a “crime of passion” or temporary insanity.


3 posted on 02/12/2013 10:11:20 AM PST by 5thGenTexan
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To: 5thGenTexan

I would think so.


4 posted on 02/12/2013 10:12:30 AM PST by TurboZamboni (Looting the future to bribe the present)
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Don’t drink and drive.


5 posted on 02/12/2013 10:13:31 AM PST by BykrBayb (Somewhere, my flower is there. ~ Þ)
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To: Pan_Yan

Not guilty...............


6 posted on 02/12/2013 10:13:32 AM PST by Red Badger (Lincoln freed the slaves. Obama just got them ALL back......................)
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To: Pan_Yan

Can one be charged twice for the same crime? He was charged in one previous thread this morning!


7 posted on 02/12/2013 10:14:06 AM PST by Revolting cat! (Bad things are wrong! Ice cream is delicious!)
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To: 5thGenTexan

I agree. Not guilty.


8 posted on 02/12/2013 10:15:02 AM PST by pgkdan ( "Those who hammer their guns into plows will plow for those who do not." ~Thomas Jefferson)
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To: Pan_Yan

Not guilty!


9 posted on 02/12/2013 10:15:24 AM PST by DickBrannigan (When did logic become reversed, and right became wrong, and wrong became right?)
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To: 5thGenTexan

I wish I was on that jury. I have a reasonable doubt.


10 posted on 02/12/2013 10:20:46 AM PST by BO Stinkss
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To: Pan_Yan

I understand. Back in 1984 I could have done the same thing, if I could have found him.


11 posted on 02/12/2013 10:21:51 AM PST by Ditter
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To: Pan_Yan

Kinda reminds me of the movie, “Law Abiding Citizen”.


12 posted on 02/12/2013 10:23:57 AM PST by cuban leaf (Were doomed! Details at eleven.)
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To: Pan_Yan

Leniency!


13 posted on 02/12/2013 10:24:07 AM PST by cripplecreek (REMEMBER THE RIVER RAISIN!)
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To: Revolting cat!
He was charged in one previous thread this morning!

I searched the title and then posted it. I don't have time to scour through every possible title (they change) and keyword (half the articles don't have any). If we can have 5,000 posts every day for the last ten years from the same twelve people arguing over the same religious topics then surely FR is big enough for two articles about an actual news story.

14 posted on 02/12/2013 10:24:37 AM PST by Pan_Yan
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To: Pan_Yan; Liz

Evidence showed one shot was fired
_________________________________________

One shot would do it..

no need for seven bullts...

Goodbye illegal alien..

Bush justice..

but still justice...

That poor guys life is over anyway...

His sons are dead...

his life destroyed because of Obama and AMNESTY...

How do you live after that ???

I doubt he cares much what they do to him...


15 posted on 02/12/2013 10:25:13 AM PST by Tennessee Nana
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To: BO Stinkss
No need to find reasonable doubt. Just convince the other jurors that its morally wrong to convict.

JOHN ADAMS (1771): It's not only ....(the juror's) right, but his duty, in that case, to find the verdict according to his own best understanding, judgement, and conscience, though in direct opposition to the direction of the court.

ALEXANDER HAMILTON (1804): Jurors should acquit even against the judge's instruction...."if exercising their judgement with discretion and honesty they have a clear conviction that the charge of the court is wrong."

U.S. vs. DOUGHERTY (1972) [D.C. Circuit Court of Appeals]: The jury has...."unreviewable and irreversible power...to acquit in disregard of the instructions on the law given by the trial judge."

16 posted on 02/12/2013 10:28:33 AM PST by cripplecreek (REMEMBER THE RIVER RAISIN!)
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To: Pan_Yan

Next time search on single words in the title. It works!


17 posted on 02/12/2013 10:28:45 AM PST by Revolting cat! (Bad things are wrong! Ice cream is delicious!)
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To: Pan_Yan

Next time search on single words in the title. It works!


18 posted on 02/12/2013 10:28:45 AM PST by Revolting cat! (Bad things are wrong! Ice cream is delicious!)
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To: Tennessee Nana

I wish I was on this jury. Sounds like a perfect time to use Jury Nullification.


19 posted on 02/12/2013 10:29:17 AM PST by Texas Yellow Rose
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To: Texas Yellow Rose

I’m with you. No way in hell would I vote to convict.

I don’t care what the evidence says and I don’t care what the law says. My conscience says otherwise.


20 posted on 02/12/2013 10:33:06 AM PST by cripplecreek (REMEMBER THE RIVER RAISIN!)
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To: Pan_Yan

I’d hang the jury.


21 posted on 02/12/2013 10:33:51 AM PST by The KG9 Kid (Demand Common Sense Nut Control.)
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To: cripplecreek

Prosecutorial Discretion.

Forget about it.


22 posted on 02/12/2013 10:34:08 AM PST by Sequoyah101
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To: Pan_Yan

In ancient cultures, the relatives in a capital case had the right to exact justice on the accused.

Prosecution in this case is going to have a very hard time seating a jury.


23 posted on 02/12/2013 10:34:30 AM PST by lurk
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To: BO Stinkss
I wish I was on that jury. I have a reasonable doubt.

So do I, I would "nullify" in a heartbeat. He has already suffered the worst pain that a parent has ever to endure. On the positive side, he has eliminated a clear and present danger to the community. On balance, I think God will decide his ultimate fate.

Regards,
GtG

24 posted on 02/12/2013 10:34:55 AM PST by Gandalf_The_Gray (I live in my own little world, I like it 'cuz they know me here.)
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To: Pan_Yan

His actions are completely justifiable and I would never vote to convict.

The only murders committed were by the drunken filth jose banda who willfully chose to intoxicate himself and then use a deadly weapon against two innocent, unarmed children.


25 posted on 02/12/2013 10:37:23 AM PST by Dr.Zoidberg (John Winthrop's "City upon a Hill" just became a midden heap. Infested with rats and other vermin.)
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To: Pan_Yan
FR is big enough for two articles about an actual news story.
It certainly is - these scolding, childish hall monitors tend to tick me off on occasion.
26 posted on 02/12/2013 10:38:05 AM PST by dainbramaged (Joe McCarthy was right.)
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To: Pan_Yan
"... If we can have 5,000 posts every day for the last ten years from the same twelve people arguing over the same religious topics then surely FR is big enough for two articles about an actual news story."

Heh. Indeed.

Especially on the pro-Catholic/Catholic-bashing threads, the topics of discussion are so obscure it's like being transported back to the early-1980s watching geeky teenagers argue over Dungeons and Dragons rules.

I wish they'd find another website to make the baby Jesus cry on.

27 posted on 02/12/2013 10:40:30 AM PST by The KG9 Kid (Demand Common Sense Nut Control.)
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To: Pan_Yan

I think you missed the point. I bleieve that he was saying that since the article had already been posted then the guy could not be charged agian since that would equal double jeopardy. Kind of tongue in cheek way of asying they guy should not be charged and be considered not guilty.


28 posted on 02/12/2013 10:41:36 AM PST by dirtymac (Now is the time for all good men to come to the aid of their country.)
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To: Pan_Yan

I think you missed the point. I bleieve that he was saying that since the article had already been posted then the guy could not be charged agian since that would equal double jeopardy. Kind of tongue in cheek way of asying they guy should not be charged and be considered not guilty.


29 posted on 02/12/2013 10:41:36 AM PST by dirtymac (Now is the time for all good men to come to the aid of their country.)
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To: Pan_Yan

“Neighbors said they heard gunshots” but only one shot was fired.


30 posted on 02/12/2013 10:42:33 AM PST by Obama_Is_Sabotaging_America (PRISON AT BENGHAZI?????)
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To: Revolting cat!

A double post by the Thread Police. What are we going to do now?


31 posted on 02/12/2013 10:43:21 AM PST by Half Vast Conspiracy (Based on a letter from an 8 year old…school is now illegal…”cuz it’s yuckey and dumb".)
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To: 5thGenTexan

Speaking as a father, if I were on the jury, I could not vote to convict.


32 posted on 02/12/2013 10:45:20 AM PST by PapaBear3625 (You don't notice it's a police state until the police come for you.)
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To: Pan_Yan

Hate to rain on the parade but I see no confirmation in the article that they guy was drunk. An autopsy will show later, but no indication of where the guy was coming from (bar, or home) or if there were empties in the vehicle.

Also from the article:

“as they helped push their family’s broken-down pickup truck along a dark, narrow, rural road”

So, did the guy come around the bend on a 50mph road at night, not seeing them until the last sec? Were they blocking both lanes as they were pushing?

Believe it or not, I don’t think there’s enough info in the article to really conclude they guy was actually drunk or if the folks hit were out of the way.

It’s not like the “drunk’s” car ran up on someone’s lawn. Sounds like they may have been blocking the road.

Just saying because of my lack of trust in the press.


33 posted on 02/12/2013 10:47:54 AM PST by fruser1
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To: cripplecreek

I’d have to see the area here.. Sounds like this was at night and one of the problems with two people pushing a vehicle is that the tail lights get covered up. Would’ve helped if the woman stood to the side as a lookout instead of staying in the car.


34 posted on 02/12/2013 10:49:25 AM PST by Obama_Is_Sabotaging_America (PRISON AT BENGHAZI?????)
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To: Pan_Yan

This story just couldn’t be any more tragic and heartbreaking.


35 posted on 02/12/2013 10:50:04 AM PST by EternalVigilance (God is sovereign in the affairs of men.)
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To: 5thGenTexan

I’m among those who couldn’t vote to convict, but from a purely legal perspective, I don’t think “temporary inanity’’ includes walking home, getting your gun, and returning to the scene of the crime... all before the ambulance got there?


36 posted on 02/12/2013 10:50:27 AM PST by EDINVA
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To: Half Vast Conspiracy
What are we going to do now?

What are we going to do? Now? We're going to attack with the first cliché that pops to mind!

37 posted on 02/12/2013 10:52:59 AM PST by Revolting cat! (Bad things are wrong! Ice cream is delicious!)
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To: fruser1

Earlier article and posts had the BA of the shot driver at 0.175


38 posted on 02/12/2013 10:53:35 AM PST by Ratman83
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To: Pan_Yan
as they helped push their family's broken-down pickup truck along a dark, narrow, rural road.

A recipe for disaster. The article is silent on the point (why?), but I'm betting that truck wasn't exactly lit up like a Christmas tree. If it weren't so tragic, that 'play stupid games, win stupid prizes' quote used here often might apply.

39 posted on 02/12/2013 10:54:52 AM PST by Moltke ("I am Dr. Sonderborg," he said, "and I don't want any nonsense.")
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To: 5thGenTexan
Witnessing a drunk driver run over your two kids, killing them and finding him apparently “OK” could be a textbook scenario for a “crime of passion” or temporary insanity.

Legally speaking, though, premeditation can be formed in the "blink of an eye." The fact that this guy found the drunk driver apparently OK, and then deliberately walked back to his house, retreived his gun, walked back out and shot him could also be a textbook scenario for premeditated murder. Could go either way.

40 posted on 02/12/2013 10:55:46 AM PST by Conscience of a Conservative
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To: 5thGenTexan

Adding to your analysis the realization that the man killing your kids will probably receive a token “slap on the wrist” the scene is set for vigilante justice. Based solely on the information presented I tend to support the father.


41 posted on 02/12/2013 10:57:02 AM PST by AEMILIUS PAULUS (It is a shame that when these people give a riot)
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To: Ratman83

Ok, that leans it in favor of the father.

The clincher is, given the situation and layout of the road, had a non drinking driver approached this scene, would they have had an accident?


42 posted on 02/12/2013 11:13:26 AM PST by fruser1
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To: EDINVA

I don’t know. But him getting back before any first responders could make it under 10-15 minutes I bet. How long is “temporary” to the law?


43 posted on 02/12/2013 11:16:14 AM PST by 5thGenTexan
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To: Revolting cat!
Next time search on single words in the title.

No.

44 posted on 02/12/2013 11:21:33 AM PST by Pan_Yan
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To: Pan_Yan

Anything to achieve the glory of having another thread added to one’s counter! The ambition is clear.


45 posted on 02/12/2013 11:26:13 AM PST by Revolting cat! (Bad things are wrong! Ice cream is delicious!)
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To: dirtymac; Revolting cat!
I think you missed the point ... Kind of tongue in cheek way of asying they guy should not be charged and be considered not guilty.

I got it. After over a decade I'm wise to Revolting Cat!'s shenanigans. I just felt like explaining why I didn't see a previous article.

46 posted on 02/12/2013 11:28:09 AM PST by Pan_Yan
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To: Revolting cat!
Anything to achieve the glory of having another thread added to one’s counter! The ambition is clear.

LOL! If I was worried about my counter I'd post articles about Rubio or Palin so that people would actually read them instead of mostly stuff about obscure African wars. And you can ask my boss ... I don't have any ambition.

47 posted on 02/12/2013 11:33:33 AM PST by Pan_Yan
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To: Pan_Yan

OK, OK, let’s stop needlessly bumping this thread.


48 posted on 02/12/2013 11:37:39 AM PST by Revolting cat! (Bad things are wrong! Ice cream is delicious!)
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Comment #49 Removed by Moderator

To: Revolting cat!

I’m bumping this thread because I want more people to see this Revolting cat! fight.


50 posted on 02/12/2013 11:52:24 AM PST by rw4site (Little men want Big Government!)
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