Father Arrested for Killing ‘Drunk’ Driver Who Accidentally Killed His Young Sons (VIDEO)

Heartbreaking 37

Imagine your car broke down with your entire family inside, so you and your two young sons are pushing the car when another car barrels into you -- killing your two sons, ages 11 and 12. You'd be furious. You'd be enraged. But could you be enraged enough to walk to your house, grab a gun, and then kill the driver? These are the questions swirling around one family in Alvin, Texas.

The father, David Barajas, and his sons, David, Jr. and Caleb, were all pushing the stalled truck -- which had David's wife and their two daughters inside -- when 21-year-old Jose Banda reportedly smashed into it, killing the two young boys. Police believe he may have been drunk driving -- but don't know for sure yet. But what is known for sure is that Jose Banda was then found dead at the scene -- with a bullet to the head.

The Barajas family deny they have anything to do with the man's murder -- and insist it must have happened before he hit their truck. Nevertheless, David Barajas has been arrested on murder charges.

Police say witnesses recount seeing Barajas walk to his home after the crash, and then come back and approach the other man's car. They also say they heard the sound of a gunshot after the crash. There was one shot to the man's head. The weapon hasn't been found.

The victim's aunt is furious and says that Banda didn't mean to hit the family -- it was an accident and he didn't deserve to be executed like that.

I can only imagine the shock, rage, and despair that must have engulfed Barajas after seeing his sons hit. Unfortunately, guns can make revenge killings all too easy -- if that's even what happened.

Plus, how much did Barajas really know about what caused Banda to hit his car? He could have looked drunk, but really had suffered a brain aneurysm or seizure or something else that caused him to black out and hit the family. Maybe he was drinking -- blood results have not established that yet. Of course, a bullet to the head could make a guy crash into another car. But that doesn't explain the witness accounts.

Ugh, this is a terribly tragic case. I feel for both families. And I definitely feel sympathy for David Barajas and what he must have witnessed -- and how angry he must have been. But taking the law into your own hands is never a good idea, as tempting as it may be sometimes.

What would you have done?

Houston weather, traffic, news | FOX 26 | MyFoxHouston

Image via Fox 26

accidents, crime, guns, in the news


To add a comment, please log in with

Use Your CafeMom Profile

Join CafeMom or Log in to your CafeMom account. CafeMom members can keep track of their comments.

Join CafeMom or Log in to your CafeMom account. CafeMom members can keep track of their comments.

Comment As a Guest

Guest comments are moderated and will not appear immediately.

Pinkmani Pinkmani

I personally don't have the balls to kill someone, but I can understand where he's coming from. Part of me feels bad for him because he losing his young sons, but you should never take the law into your own hands unless your life is being threatened. 

All I know is, Texas isn't a nice state when it comes to breaking the law. 

three... threeforme157

If they find out that the driver was drunk then I hope they go easy on the father.  If I had quick access to a gun and someone ran into my car and killed my kids I would be tempted to kill the driver too.  

This story is a good example of my argument against gun control.  Many people will say if we need to take away guns because people who take the law into their own hands but what about the alcohol that causes thousands of deaths a year because of drunk driving?  

Anise_12 Anise_12

The link below will take you to other links from when this incident first occured.  It was originally thought that the man had been shot in the head and that is what caused him to crash into the family.  There are only just now witnesses coming forth to say that they saw him walk off and come back to the scene. And it turns out that the guy WAS intoxicated.  The toxicology report shows that he had a BAC of .175!  He was more than twice the legal limit of .08.  Drunk driving is NEVER an accident.  An accident by definition is something that could not be prevented - driving drunk is VERY preventable.  I'm not sure I wouldn't have done the same thing in this situation.  Knowing this man was drunk and that he SURVIVED the incident with two of my children dead at my feet in a tragedy that occured within an arms reach and in front of my spouse and third child.  This is the same state where a man literally beat his daughter's molestor to DEATH and is walking free.  In the heat of the moment, the anguish and anger and rage - it's really hard to say what you would do in that situation.  How do we judge a man who was in a siutation we could never imagine as a parent?


Furry... Furrycreature

Good riddance. I hope the dad gets off.

Irela... Ireland69

I agree Anise_12!! it was no accident!! RIP David and Caleb. That everything works out for this family. 

Autum... Autumnleaves87

I don't know. This story seems strange. If you just saw your family get hit by a car, your first response would probably be to get them help and get them to the hospital by calling 911. Or atleast be putting your efforts towards their well being.

I doubt that the fathers first response would be to go get a gun to kill the dude. How would there be enough time? He would have had to gone to his house, come back, shot him, then hid the gun, before any responders were on the scene, with witnesses there and everything? Veerrryyyy strange.

nonmember avatar Michele

Can't blame the father here. He witnessed his sons death in front of his own eyes. Rip little boys and hopefully if he did murder the driver , he gets off. Eye for an eye.

JoMeara JoMeara

Kill my beautiful babies in front of me, you deserve to die, and I would sleep soundly on my decision, after of course I worked thru the lifetime of grief. Parents should not out live their children, just tragic.

Caera Caera

If I'd just actually watched someone kill my family, I'd shoot his kneecaps and his elbows. Killing him would be too easy on him.

1-10 of 37 comments 1234 Last