Dad Found "Not guilty" in Shooting Death of Drunk Driver Who Killed His Two Sons

SeaBreeze

SeaBreeze

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This father who just had his two sons killed, while they were helping him push his car that ran out of gas, by a drunk driver. The jury found him not guilty, as no gun could be found on the scene. There was some talk on the radio about this, and some people said they wouldn't even want to be in that jury, as regardless of guilt or innocence, they couldn't convict him after that tragic killing of his sons.

One guy said that it was the father's fault, for running out of gas in the first place. :rolleyes: I couldn't convict him either, can't imagine how he felt during those moments after the drunk killed his two boys. What do you think? http://www.click2houston.com/news/d...th-of-drunken-driver-who-killed-kids/27754042
 

Hard decision to make. But if there was substantial evidence that he killed the driver, then he should have been convicted. Maybe with the sentence reflecting extenuating circumstances. But nobody should be allowed to take on the role of executioner, no matter what the other person did.

There are people who've been acquitted of much worse crimes than that where the family didn't exact lethal revenge.

On the other hand, if the evidence wasn't there, then good he was acquitted.
 
It sounds like he got off on a technicality. All of the victims were dead and any evidence was disposed of so no conviction possible.

If the evidence was there I would have judged him guilty but with diminished responsibility.

Question, were there any witnesses to the original accident that killed the two boys ?
If the father didn't kill the driver, who did?

Never mind. The article seems to answer both questions.

A teenager who came upon the crash testified that Barajas disappeared from the scene, returned a few minutes later, and was seen sticking his head into Banda's car. The teen said he then heard a gunshot, but did not see the actual shooting.
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This was a miscarriage of justice and could set a bad precedent. A Verdict of guilty but with dismissed capacity reducing culpability was in order in my never humble opinion...
 
The verdict is in so it is all settled but new questions keep popping into my head.

We are told that "Barajas and his two sons were pushing after it ran out of gas. Twelve-year-old David Jr. and 11-year-old Caleb were killed."

Who was pushing and who was doing the steering? The boys were killed but Barajas survived. How bad were his injuries and what did he do to help the boys?

A witness says he left the scene and then came back. Did he go for help, or for a gun?

How drunk was the other driver? Blind drunk or elevated blood alcohol? How elevated?

Did the truck have its lights on and could Banda see it? Was the road straight, with clear visibility or did he come round a bend and hit the truck before he could pull up or swerve?

It would be good to read the trial transcript to see whether these questions were asked. The article focusses on blood and firearms residue but I think other evidence is just as important.

Anyone else wondering about the scenario of the accident?
 
Whatever the circumstances the shooting could not be justified except as a case of temporary insanity...
 
They must've been awfully close to the victms' home if the father was able to leave, get a gun & return in just a few minutes.

I'm guessing maybe this happened on a residential street?
 
No one should be permitted to take the law into their own hands however heinous a crime! In the UK the guy would have been found guilty!
 
Justme said:
No one should be permitted to take the law into their own hands however heinous a crime! In the UK the guy would have been found guilty!
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By guys with silly looking wigs that look like mops on top of their heads!!!! :D
 
Tough call. I can understand how someone would want to act out some form of revenge. I once heard of a case where the father of his raped and murdered daughter did the same thing. He was found guilty but spent very little time in jail due to the circumstances of the crime. Something similar should have been done here.
 

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