Dad Found Innocent in Murder of Drunk Driver Who Killed His Sons

GavelIt's a bittersweet end of a very ugly chapter in one man's life, as a Texas jury found David Barajas "not guilty" of murdering the drunk driver who killed his two young sons. The 32-year-old grieving dad had tears in his eyes as he was acquitted from the charges that could have put him in jail for life.

Prosecutors had argued that he fatally shot 20-year-old Jose Banda in a fit of rage after he drunkenly ran down and killed his sons, but there was little physical evidence to support the theory.


In December 2012, Barajas and his sons David Jr., 12, and Caleb, 11, got out of their broken down truck a few yards from their home and attempted to push it the rest of the way. That was when the allegedly drunken Banda struck and killed the boys. Prosecutors argued that he then "retrieved a gun from his home and returned to shoot Banda."

Defense attorney Sam Cammack maintained that Barajas didn't even own a gun, and pointed to the gunshot residue tests from Barajas that came back as negative. He said it was more likely that the victim's own cousin or half-brother had shot him. They claimed to have witnessed the crash but fled the scene. They both maintained their innocence.

The weapon used to kill Banda was never found, and it's highly likely we'll never know for sure who killed him. But at least this dad doesn't have to worry about spending the rest of his days grieving his sons from behind bars.

On Wednesday he said he was relieved the trial was over. "I am relieved but still in pain. My two boys are dead and nothing will bring them back," he said. We can't say we blame him one bit.

Can you imagine being accused of murder after losing your children?


Image via Joe Gratz/Flickr

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