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Man Acquitted of Charges He Shot Drunk Driver Who Killed His Sons
Time ^ | Aug 27 2014 | Alexandra Sifferlin

Posted on 08/27/2014 2:42:00 PM PDT by Ben Mugged

David Barajas was acquitted Wednesday over charges that he shot and killed a drunk driver who had earlier hit and killed his two sons.

Barajas was on trial for fatally shooting Jose Banda, who drove into Barajas and his 11-and-12-year-old sons while they were pushing a truck that had run out of gas. Barajas survived the incident, but his two young boys were killed. The prosecutors in the case said Barajas went home to get a gun and returned to shoot and kill Banda, the Associated Press reports.

(Excerpt) Read more at time.com ...


TOPICS: Crime/Corruption; Culture/Society
KEYWORDS: drunkdriver; texas
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To: upsdriver
Seems to me, justice was not served. Justice was circumvented.

That's only for the jury to say. If, and when you serve on a case, then you get to decide.

This jury decided this man should not be convicted of the crime for which he was charged.

21 posted on 08/27/2014 4:13:26 PM PDT by Ol' Dan Tucker (People should not be afraid of the government. Government should be afraid of the people)
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To: ricmc2175

Indeed.


22 posted on 08/27/2014 4:19:45 PM PDT by Repeat Offender (While the wicked stand confounded, call me with Thy saints surrounded.)
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To: ricmc2175

If its in Texas, it is.


23 posted on 08/27/2014 4:25:59 PM PDT by HANG THE EXPENSE (Life's tough.It's tougher when you're stupid.)
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To: Baynative

That goes for everywhere they live.They don’t give a sh!t and the local munis love the money from dui fines.


24 posted on 08/27/2014 4:28:23 PM PDT by HANG THE EXPENSE (Life's tough.It's tougher when you're stupid.)
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To: Ben Mugged

A fine example of jury-nullification.


25 posted on 08/27/2014 4:28:43 PM PDT by WMarshal (Free citizen, never a subject or a civilian.)
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To: Ben Mugged
The case was complicated, as there were no witnesses of the shooting, the murder weapon was never recovered, and gun shot residue tests on Barajas came back negative. However, ammunition and a holster for the type of gun that killed Banda were found in Barajas’ home.

The case wasn't complicated at all, it wasn't even hardly a case at all...

No witnesses
No gun
No ballistics to match
NO GSR

How do they know the type of holster the gun went into that shot the dirtbag was if they never recovered the gun...?

It wasn't that long ago, he guy would have been questioned and released with a thank you...

26 posted on 08/27/2014 4:31:16 PM PDT by Popman (Jesus Christ Alone: My Cornerstone...)
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To: Ben Mugged

What else was he supposed to do?

Seems justice was served and saved taxpayers a boat load of pesos...


27 posted on 08/27/2014 4:32:25 PM PDT by Vendome (Don't take life so seriously-you won't live through it anyway-Enjoy Yourself ala Louis Prima)
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To: TexasCajun

28 posted on 08/27/2014 4:34:46 PM PDT by Vendome (Don't take life so seriously-you won't live through it anyway-Enjoy Yourself ala Louis Prima)
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To: Ol' Dan Tucker

Fully Informed Jury Association http://fija.org/


29 posted on 08/27/2014 4:49:54 PM PDT by Bobalu (Hashem Yerachem (May God Have Mercy)
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To: Ben Mugged

Interesting twist to the story. The brother of the man who was shot claimed he was found on the *passenger* side of the car, so he may not have been driving.

Importantly, there was no mention of forensic evidence about the car, like if the decedent’s fingerprints were on the wheel or keys; if he was shot in the car, and from what angle; and what his blood alcohol level was.


30 posted on 08/27/2014 5:02:42 PM PDT by yefragetuwrabrumuy ("Don't compare me to the almighty, compare me to the alternative." -Obama, 09-24-11)
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To: mgist

Careful with that, God Bless You stuff, you’ll lose a point on your grade in Chemistry.


31 posted on 08/27/2014 5:03:41 PM PDT by mistfree (It's a very uncreative man who can't think of more than one way to spell a word.)
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To: yefragetuwrabrumuy

Or he may have already been shot, and the real driver got away.


32 posted on 08/27/2014 5:26:22 PM PDT by pierrem15 (Claudius: "Let all the poisons that lurk in the mud hatch out.")
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To: SgtHooper
"Give the JURY a medal!"

Agreed!

33 posted on 08/27/2014 6:08:18 PM PDT by The_Republic_Of_Maine (Be kept informed on Maine's secession, sign up at freemaine@hushmail.com)
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To: Popman

“How do they know the type of holster the gun went into that shot the dirtbag was if they never recovered the gun...?”

Projectile. It’s not voodoo, just simple gun facts. A recovered bullet alone can give you caliber, manufacturer, and depending on circumstances can point you to a specific model of firearm. Case in point, .357 Magnum fired out of a barrel cut for 1:18.75 RH rifling with six grooves? How about with 5 grooves? Borach cut? 9mm with 6 groove polygonal and a 1:9.84 RH twist? 9mm with 1:18.75?

Rate, direction, number of grooves, type of cut, caliber, those facts alone can point you to something as specific as a given model of Dan Wesson, S&W, Glock, etc.

Beyond that, depending on the size and exact configuration of lands and grooves, it’s possible in some cases to tie a projectile to a specific serial number range of a given brand and model. At times a given manufacturer with a relatively unique rate, direction, groove number and cut might have undergone tooling or process changes that resulted in obvious dimensional changes in their rifling that characterize, for example, early, mid, and late manufacture of a given model.


34 posted on 08/27/2014 6:32:53 PM PDT by jameslalor
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To: jameslalor

— Broach cut, not Borach.


35 posted on 08/27/2014 6:33:26 PM PDT by jameslalor
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To: jameslalor
— Broach cut, not Borach.

The word Borach is kind like Borax.

The word Broach is kinda like Roach.

Borax kills roaches.


36 posted on 08/27/2014 6:38:55 PM PDT by Lazamataz (First we beat the Soviet Union. Then we became them.)
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To: Ben Mugged

Good for the jury.


37 posted on 08/27/2014 8:03:17 PM PDT by GOPJ (Tolerance becomes a crime when applied to evil. —Thomas Mann)
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To: Ben Mugged

Jury nullification is the foundation of justice.

But these jurors had better watch their backs; the system is a rabid wolf.
.


38 posted on 08/27/2014 8:13:34 PM PDT by editor-surveyor (Freepers: Not as smart as I'd hoped they'd be)
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To: Romulus

You should have your typing fingers amputated with a sledge hammer.


39 posted on 08/27/2014 8:15:09 PM PDT by editor-surveyor (Freepers: Not as smart as I'd hoped they'd be)
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To: yefragetuwrabrumuy
The brother of the man who was shot claimed he was found on the *passenger* side of the car, so he may not have been driving.

Drunk drivers try to get away with the claim they weren't driving. Long ago when my oldest was a toddler, I heard a loud bang outside and immediately went to look, my child in my arms. A few houses down the street, a car had slammed into the rear of a parked truck. Skip to the cops investigating, and a smart cop going around to bystanders asking for witnesses.

I told him I observed a 2nd car following, with a woman getting out to help the sole driver in the car that crashed (he was drunk). Cop asked me if I would sign my statement. He told me the woman said she was the driver. I looked at my daughter, and thought what if the drunk driver had hit her or other kids. I signed my name. When the cop showed the two accident "victims" my statement, they confessed the drunk man was driving after they left a bar.

40 posted on 08/27/2014 9:43:54 PM PDT by roadcat
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