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?

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Roni Clark

Drunk driving is no accident! He was drinking and got into his car ON PURPOSE!! I have no sympathy for that driver and if I were on the jury, there is no way that I would vote to convict the father!


nonmember avatar James M. Head

If I had Had my gun two Asshole that ran over me and my car in 2009 would not have tryed to drive away and leave me lying in my blood with a dislocated shoulder and 4400.00 in damages to my car! There would have been 3 doas at the accident the 2 drunk assholes and the 2nd Smart Ass Cop that arrived an hour after the accident happened.

piggy... piggy11721

I can't say that I wouldn't do the same. you hurt my banies, I hurt you. Don't even try and blame the gun here, because I or anyone else could still have got it done a gazillion other ways.

Monique Davis

Sorry but my first thought was 11 and 12 is too young to be pushing a truck on a busy road. Call a towtruck if you can't do it yourself! I'd get out and help before I'd let my kids. Thankfully my husband is anal about stuff like that though, he'd never suggest the kids get out on the road like that.

Katy Khan

I have no sympathy for the drunk driver.  If someone killed my baby,  would absolutely kill him if I could.

TAG_u... TAG_ur_it

drunk driving and killing someone is NOT an accident. 

Steven Belsky

The driver __ SHOULD __ have been sentenced from 15 to 25 year __ CONSECUTIVELY __ __ PLUS __ THE AGE OF THE VICTIMS.

Shannon Hrib Murillo

Wow... Ok so the man was found to be drunk and 2x over the legal limit at that, so this should have never even happened in the 1st place..But it did and its sad. I seriously think my husband would of done the same thing if it were our family it happened to! I dont blame the father for being rash, I hope he doesnt get too much time, he has to be able to grieve and its gonna suck in a jail cell. also My heart goes out to the drunk driver's family but this tragic story (NOT accident) would of never happened if he wasnt stupid enough to break the law by drinking n driving in the 1st place! So sad... RIP little ones <3

Amber Seeley

i can't say I would have shot the guty but I know for sure he wouldn't have been able to walk again...

Michelle Mullen

I would have done the same thing if it was my daughter. She is all I have left, my entire family is dead, there'd be nothing left to lose.

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