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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: roadcat

I agree that *can* happen, but it is also fairly common that two people are driving, have an accident where the passenger is incapacitated, usually just knocked out, and the driver bolts.

This is why I mentioned the importance of fingerprints (and DNA) on the steering wheel and keys. If it is just his, case closed. If it is someone else’s on top, perhaps a different story.

Then there is another potential twist about how he was shot. If he was shot at the angle of somebody outside the car, on either side, or if he was shot at the angle of somebody sitting in the driver’s seat.

I was rather mystified why none of this got mention during the trial, which solely focused on the father.


41 posted on 08/28/2014 6:52:02 AM PDT by yefragetuwrabrumuy ("Don't compare me to the almighty, compare me to the alternative." -Obama, 09-24-11)
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To: editor-surveyor

If he had done right by his boys they would be alive today.

A real man and responsible father would’ve sent his boys 100 yards ahead to fetch some gas from home, while remaining with the truck himself to flag down traffic. Remember, it was his screw-up, running out of gas in the first place, trying to make it home on fumes. Yeah, HE might have been run down anyway by a drunk, but those are the chances a real man takes, rather than endanger innocent young lives counting on him for protection.

You can be pretty sure every time the mother looks at her husband now she sees the thoughtless jerk whose recklessness brought about the deaths of her boys.


42 posted on 08/28/2014 7:33:45 AM PDT by Romulus
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To: yefragetuwrabrumuy
I was rather mystified why none of this got mention during the trial, which solely focused on the father.

Because trials are not about finding the truth. They are a game that lawyers play at their clients expense. The prosecutor does not care about truth. He cares about his conviction record. The defense rarely cares about the client. He will get paid regardless of the outcome. Having no skin in the game means they can play the game risk free.

While our justice system may be the best there is, it fails the people in so many ways.

43 posted on 08/28/2014 7:51:31 AM PDT by Magnum44 (I have had just about enough)
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To: Romulus

You’re a bitter and angry man.


44 posted on 08/28/2014 2:56:55 PM PDT by editor-surveyor (Freepers: Not as smart as I'd hoped they'd be)
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To: Romulus
According to post-mortem analysis, the "vic" would have blown twice the legal limit, had he still been capable of breathing.

Prosecute him again — this time for felony reckless endangerment of his sons.

I am glad the taxpayers of Brazoria County are out the money spent to carry out the first prosecution.

45 posted on 08/28/2014 3:12:23 PM PDT by cynwoody
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To: yefragetuwrabrumuy
If it is just his, case closed.

I agree with you. No witnesses or strong proof, you must acquit the father. Too many strange stories out there of how people got killed. Even fingerprints on a steering wheel aren't proof. Someone can wipe it down, and transfer an incapacitated person's hand to it. The father knows who was in the car after it hit his, so he would be able to confirm it was the single person in it who was later found shot and killed. Whether the father went back and killed the guy, the father isn't going to incriminate himself. You have to acquit. Maybe a transient did it, maybe a friend of the father, no one knows for sure.

46 posted on 08/28/2014 3:57:09 PM PDT by roadcat
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To: editor-surveyor

Says the advocate for Islamic conflict resolution.


47 posted on 08/28/2014 7:02:12 PM PDT by Romulus
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To: Romulus

No, I’m an advocate for accepting the realities of life, and not blaming the victims of a mishap caused by one of your drunken compadres.
.


48 posted on 08/29/2014 10:45:07 AM PDT by editor-surveyor (Freepers: Not as smart as I'd hoped they'd be)
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To: editor-surveyor

If the father had accepted the realities of life, his boys would be alive today.

What makes the dead drunk “my” compadre? I’d like to know.


49 posted on 08/29/2014 11:04:19 AM PDT by Romulus
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To: Romulus

The Father had accepted the reality that the stalled vehicle needed to be moved off the roadway.

The drunk that you seem to wish to absolve of liability for the deaths must have stirred up some union with you.
.


50 posted on 08/29/2014 11:33:57 AM PDT by editor-surveyor (Freepers: Not as smart as I'd hoped they'd be)
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To: editor-surveyor

Don’t play games with me. You are the one implying a connection between me and the drunk driver — a man I never heard of till this week. Since you call him my compadre, you are implying connection, relationship, or sympathy of some sort. What are you implying? Explain yourself or else apologize.


51 posted on 08/29/2014 11:52:10 AM PDT by Romulus
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To: Romulus

Why are you attempting to blame the father?


52 posted on 08/29/2014 11:58:13 AM PDT by editor-surveyor (Freepers: Not as smart as I'd hoped they'd be)
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To: editor-surveyor

Explain yourself or apologize.


53 posted on 08/29/2014 1:18:41 PM PDT by Romulus
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