Man shot drunk driver who killed his kids in crash

[brimic]

http://abcnews.go.com/US/wireStory/father-stand-trial-killing-drunk-driver-25033995

David Barajas is accused of fatally shooting Jose Banda in December 2012, minutes after Banda plowed into a pickup truck that Barajas and his two sons had been pushing on a rural road. Twelve-year-old David Jr. died at the scene and 11-year-old Caleb died at a hospital

I pray that the dad gets away with this one. 

[roo_ster]

Legal experts said the case will be difficult to prosecute given the lack of hard evidence: no weapon was recovered, no witnesses identified Barajas as the shooter and gunshot residue tests done on Barajas came back negative.

Yeah, that will make it tougher.  "No, we have neither evidence nor witnesses supporting our case against the defendant."

I wonder, they sure they put the right Barajas on trial?

[Sergeant Bob]

Jury nullification.

[KD5NRH]

Yeah, that will make it tougher.  "No, we have neither evidence nor witnesses supporting our case against the defendant."

"...and we're not gonna look any harder, either, dammit."

Rule it a suicide and move on.

[KD5NRH]

Hrach tried to minimize the absence of a murder weapon, saying a bullet fragment from a .357 caliber weapon was found at the murder scene and an open box with .357 caliber ammunition was found in Barajas' home.

A fragment from a fired bullet is enough to positively identify it as .357?  .357+/-.002 covers .38Spl, .357Mag, .357Sig, at least a dozen 9mm varieties, etc.  For practical purposes, all of those bullets are completely interchangeable.  Even some of the hardest non-AP bullets I've recovered had more than .002 variation in size after being fired into clay, sand or cream cheese.

[cassandra and sara's daddy]

Neighbors said they heard gunshots minutes after the crash and Banda was later found shot in the head. He was flown to a medical center where he died of his injuries, CBS Houston reports. His death was ruled a homicide.

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

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

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. He added that the case is "going to be much more difficult if we don't have a weapon."

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.


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[MechAg94]

I am surprised they couldn't find the weapon unless someone did and hid it further. 

If he was say 50 to 75 yards from his house, would he have time to go get it and do this before cops showed up?  What was the police response time? 

Of course, I am also curious what sort of road this was.  How well lit.  Did they have the emergency flashers on.  Just how out of it was this other driver.  etc. etc.

[KD5NRH]

"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."

If that's enough, then why haven't they prosecuted Jesse Jackson for MLK Jr's murder?

[cassandra and sara's daddy]

Your finger on the pulse of black politics?
http://m.youtube.com/watch?v=EfuZoJ7jopo


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[RevDisk]

Obviously, the man is innocent until proven guilty and he has a fifth amendment right to say nothing (which is probably the best option).

If the State can't prove his guilt, meh. No significant damage done to the community.

[cassandra and sara's daddy]

Yea I think he's got at least a hung jury

[roo_ster]

Wife had a patient who did something similar.  Driving drunk.  Not "drunk, 0.08BAC" drunk, but Whoopee Goldberg "drunk drunk" if you get my meaning.  Ran into a parked car, going way over the speed limit.  Killed some kids, maybe the whole family.

When he came to in the hospital after the taxpayers put him back together, the police took his statement and told him what he did.  After about a week of refusing all further medical care that likely would have saved his life, he died in the hospital.  I can understand and appreciate his actions.  From several angles.

[HankB]

No witnesses.

No weapon.

Test for gunshot residue - negative. (Normally, this would clear the suspect in a shooting.)

No case?!?!?

[MillCreek]

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.

Spit on the corpse, I bet.

[onions!]

32 year old construction worker with his two pre-teen boys pushing a F-250 containing Mom and 2 siblings on a rural road after midnight.100 or less yards from home.

20 year old recent father rear ends pick up with Mailbu.Blood alcohol level reported at .175.

Blood,not belonging to the deceased,found in the car.

My Google fu runneth empty.

[KD5NRH]

Spit on the corpse, I bet.

Spit?

I'm pretty sure I could will my kidneys into overdrive if I were in his place.  Maybe even my colon.

[MillCreek]

Spit?

I'm pretty sure I could will my kidneys into overdrive if I were in his place.  Maybe even my colon.

Which only goes to show, do not make the prosecutor's job easy for them by leaving a unique biological specimen at the scene of the crime that can be traced back to you.  In the movie 'The Departed', I admired the common sense shown in one of the closing scenes of the movie, where Mark Walhlberg appears at Matt Damon's apartment to shoot him.  Mark, being an experienced police officer, is dressed head to toe in a disposable paper coverall, gloves and shoe covers to avoid leaving any DNA at the scene.  

[brimic]

Spit?

I'm pretty sure I could will my kidneys into overdrive if I were in his place.  Maybe even my colon.

As long as it isn't your testes, that would be going way too far and just creepy.

[Ron]

Acquitted!

http://foxnewsinsider.com/2014/08/27/texas-dad-acquitted-shooting-death-drunken-driver-who-killed-2-sons

[Bigjake]

Acquitted!

Justice is the word I think you were after 

[Northwoods]

Acquitted!

http://foxnewsinsider.com/2014/08/27/texas-dad-acquitted-shooting-death-drunken-driver-who-killed-2-sons

Doubtful I would have voted any differently were I on the jury, even if they had good evidence.

[MechAg94]

Doubtful I would have voted any differently were I on the jury, even if they had good evidence.

I might have chosen that also, but without any evidence, there really shouldn't be any other choice.  "Just because" is not sufficient to find someone guilty beyond a reasonable doubt. 

[Fly320s]

The DA could have had HD video from six angles with THX certified surround sound of the dad shooting the drunk, but I would still vote to acquit.

[HankB]

The DA could have had HD video from six angles with THX certified surround sound of the dad shooting the drunk, but I would still vote to acquit.

After seeing starships fly around at warp 9, a mere video would not convince me of the dad's guilt were I on the jury.

[Firethorn]

I might have chosen that also, but without any evidence, there really shouldn't be any other choice.  "Just because" is not sufficient to find someone guilty beyond a reasonable doubt.

I've heard of people being convicted of murder on shakier evidence.  Given that there's no word that they did metallurgical analysis on the rounds found in his home to see if they matched to the bullet found in the drunk, either they didn't match or the check was never done, which to me indicates that even the prosecution wasn't trying it's hardest.

Basically, if the situation had been that the father was a drug dealer and the drunk hadn't just killed his kids, the odds that they'd vote to convict would have been higher.