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 ...
I’d hang the jury.
Prosecutorial Discretion.
Forget about it.
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.
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
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.
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.
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.
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.
“Neighbors said they heard gunshots” but only one shot was fired.
A double post by the Thread Police. What are we going to do now?
Speaking as a father, if I were on the jury, I could not vote to convict.
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.
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.
This story just couldn’t be any more tragic and heartbreaking.
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?
What are we going to do? Now? We're going to attack with the first cliché that pops to mind!
Earlier article and posts had the BA of the shot driver at 0.175
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.
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.
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