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**ADDITIONS** Father Kills Drunk Driver Who Killed His Two Sons! 

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Old 02-12-2013, 11:14 PM
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**ADDITIONS** Father Kills Drunk Driver Who Killed His Two Sons!

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*Can't blame him!*

Monday, February 11, 2013

David Barajas, 31, has been charged with murder

ALVIN, TX (KTRK) -- A father who lost his two young sons in a traffic accident has now been charged with killing the driver responsible.

On December 7, 2012, at about 11:30pm, David Barajas was traveling on County Road 144 in Brazoria County with his family when their truck broke down. Barajas and his two sons, David, 12, and Caleb, 11, were pushing the truck when a car rear-ended their vehicle.

One boy died at the scene, and the other was flown to a hospital in the medical center, where he was pronounced dead. Barajas suffered non life threatening injuries.

Jose Banda, the driver of the car which crashed into the family's pickup truck, was shot once in the head and was also flown to the medical center, where he later died of his injuries. Banda, 20, was determined to be intoxicated at the time of the crash, with a blood alcohol concentration of 0.175, according to the Brazoria County Sheriff's Department.

Officials say witnesses saw Barajas walking away from the scene of the accident and towards his nearby home, shortly after the crash. Those witnesses also reported David Barajas returned to the scene and approach Banda's car when the gunshots were fired.

Investigators say they found a handgun holster and ammunition inside the Barajas home, no firearms were found.

Barajas, 31, has been charged with murder in the death of Jose Banda. He was arrested and processed through the Brazoria County Detention Center on $450,000 bond.

*Thanks to pbaj12 for the photo of the children!*


**More info and pictures**

Father ‘shot dead drunk driver moments after he crashed into truck killing his two young sons' *(doesn't read accurately)*

Father David Barajas, 31, was charged with murder in the shooting death of Jose Banda, 20.

Banda was drunk when he struck Barajas' car this December, as he and his sons pushed it home on a rural road.

Barajas' sons David Jr. 12, and Caleb, 11 were killed, and Banda was found dead of a gunshot wound at the scene.

Barajas has turned himself in and is being held on $450,000 bond

By Daily Mail Reporter
PUBLISHED: 22:10 EST, 11 February 2013 | UPDATED: 09:27 EST, 12 February 2013

..A father has been charged with murder on Friday after allegedly shooting a drunk driver moments after he plowed into his truck killing his two young sons.

David Barajas, 31, and his sons, 12-year-old David, Jr. and 11-year-old Caleb, were about 50 yards from their Houston-area home when a car crashed into them on a dark rural road.
David, Jr. died at the scene, while Caleb died later at a hospital.

Neighbors said they heard gunshots minutes after the December 7 crash near Alvin, about 30 miles southeast of Houston.

Jose Banda, the 20-year-old driver who hit the boys, was later found shot in the head. His death was ruled a homicide.

Investigators believe Banda had been drinking before the crash, and they're awaiting the results of blood tests on him.

At a funeral service for the two boys, family and friends spoke of the brothers' love of sports and their family.

Their uncle, Gabriel Barajas, said David and Caleb were ‘inseparable’ and ‘playful.’ Caleb's nickname was the ‘Big C’ and Gabriel Barajas said both boys were big fans of the Houston Texans. Many of those at the service wore Texans jerseys in honor of the boys.

The tragedy unfolded just after 11pm when the Barajas’ family car ran out of gas along County Road 144 about 30 miles from Houston, MyFox Houston reported.

Caleb and David were helping push their father’s stalled truck when a car driven by 21-year-old Jose Banda slammed into the vehicle from behind.

The two brothers were remembered by family and friends as diehard Texans fans who were inseparable and playful

The older of the two brother was killed on the spot, while his 11-year-old brother was airlifted to a hospital, where he eventually succumbed to his injuries.

The Harris County Medical Examiner said just moments after the fatal crash, Banda died from a gunshot wound to the head.

Police said no weapon has been recovered at the scene, but shots were heard after the crash.

Janie Tellez, Banda’s aunt, came to her nephew’s defense, demanding that his killer be arrested and prosecuted to the full extent of the law.

‘It was an accident. He didn't purposely do that,’ Tellez told ABC13. 'Whoever did it is getting away with murdering my nephew. He deserves justice.’

Brazoria County sheriff's investigator Dominick Sanders said Monday that witnesses told authorities they saw Barajas, right after the crash, walk to his home and then return a few minutes later and approach Banda's vehicle.

"Evidence showed one shot was fired", he said.

'Every time we would pursue a lead, it always came back to Mr. Barajas,' Sanders said. 'We have numerous statements placing him there at the car in close proximity to the victim at the time the gunshot was fired.'

Members of the Barajas family have been accused since the accident.

After the accident and shooting, the Barajas told KHOU 11 News Wednesday that someone has threatened a drive-by shooting at the family’s home, forcing the grieving family to go into hiding.

According to the slain boys’ parents, someone wrote a message on Facebook accusing Cindy Barajas of shooting Banda.

‘I don’t know why people would think something like that or why people would try to accuse them of something when they already have two babies lost,’ said Sally Roman, who was friends with the two young victims.

Barajas was indicted for murder Friday and turned himself in Sunday. He was being held Monday in the Brazoria County Jail on a $450,000 bond.

Court records did not list an attorney for him.

Gabriel Barajas, David Barajas' brother, had previously said his sibling had remembered the crash as a 'blur' and called speculation that his brother or another family member might have been responsible for Banda's murder 'ugly.'

Barajas' wife, Cindy, was in the truck when it was hit, along with the couple's 8-year-old daughter and 3-month-old son.

A search of Barajas' home found ammunition that is consistent with the bullet that killed Banda, but authorities have not located the weapon used in the shooting, Sanders said. The case is 'going to be much more difficult if we don't have a weapon,' he added.

Gunshot residue tests were done on both Barajas and Banda, and authorities are still waiting for those results, Sanders said.

Investigators also are awaiting DNA test results of some 'biological material' that was found at the scene.

Sanders declined to elaborate on the material that is being tested.


Read more: http://www.dailymail.co.uk/news/arti...#ixzz2KveQ5fB0
Follow us: @MailOnline on Twitter | DailyMail on Facebook

David Barajas, 31, turned himself in after police charged him with the murder of the man who killed his sons, David Jr., 12, and Caleb, 11, in a drunk driving accident

Photos below

Triple tragedy: Jose Banda, bottom, was killed with a gunshot wound to the head just moments after the fatal collision that took the lives of the Barajas brothers, pictured on the right

Horrific wreck: The Barajas' truck was out of gas and the two boys were helping their father push their vehicle towards their house just 50 yards away when Banda plowed into them

*Damn! If this is how hard the truck was hit by the drunk's car, the boys had to have been crushed! Shit! And the entire family were in the truck! Mom and the 8 year old won't forget seeing their son/brother killed!*

Your Source For Death Pictures and Death Video
barajas.jpg  

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Old 02-12-2013, 11:22 PM
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Re: Father Kills Drunk Driver Who Killed His Two Sons!

If some drunk asshole hit and killed my kids I would of killed him on the spot.

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Old 02-13-2013, 12:27 AM
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Re: Father Kills Drunk Driver Who Killed His Two Sons!

Quote:
Originally Posted by blue devil View Post
If some drunk asshole hit and killed my kids I would of killed him on the spot.

At least he knows he got the right guy! And right in front of him yet!

No lengthy appeals here for that drunk driver and he's off the streets permanently

Unfortunately, at the cost of two young lives

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Old 02-13-2013, 04:46 AM
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Re: Father Kills Drunk Driver Who Killed His Two Sons!

Yea I support him but you put the law in a bad situation when u flat out murder a guy like that. Give him 5 years with time served with 10 years probation. He's gotta do some time. Fuqed up story

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Old 02-13-2013, 10:13 AM
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Re: Father Kills Drunk Driver Who Killed His Two Sons!

Let him go on probation. I believe in an eye for an eye. In my opinion, this is fair justice.

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Old 02-13-2013, 01:10 PM
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Re: Father Kills Drunk Driver Who Killed His Two Sons!

he kinda fucked himself but.... i'd do the same thing, likely

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Old 02-13-2013, 03:02 PM
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Re: Father Kills Drunk Driver Who Killed His Two Sons!

I dont blame him - hope the father gets out on insanity... clearly insane to be witness to your kids getting killed like that

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Old 02-13-2013, 03:56 PM
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Re: Father Kills Drunk Driver Who Killed His Two Sons!

he cant use crime of passion. he went home to retrieve his weapon and that is going to be a big deciding factor when he goes to trial.

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Old 02-13-2013, 04:01 PM
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Re: Father Kills Drunk Driver Who Killed His Two Sons!

well just hoping for something in dad's favor

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Old 02-13-2013, 04:31 PM
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Re: Father Kills Drunk Driver Who Killed His Two Sons!



Jose Banda, 20, with a BAC of 0.175, legally drunk from illegally drinking took 130 years of life away from these two children.

I don't understand why people, after hearing countless stories of innocent people getting killed by drunks behind the wheel, think they are hot shit and it could never happen to them. Is saving $20 by not taking a cab really worth it?

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