Father Aquitted Of Murder Charges After Drunk Driver Kills His Kids

db01This is one of those stories that has no winners, because even the victory itself – that David Barajas, 32, was acquitted of murder charges – doesn’t bring back his two children who were killed by the drunk driver he was accused of killing back in 2012. The story unfolded and brought about the verdict in an afternoon to us, and it’s a story that, depending on what side of the fence your heart lies, can make you angry and relieved all at the same time.

db02It began with Barajas’ truck broke down on a Texas roadway, and he and his two young children, David and Caleb, were pushing it to the side of the road. His children were just 11 and 12 years old, and as they helped their father with the family truck, a drunk driver, Jose Banda, struck the family and killed both of the boys, one of them instantly

Moments after that tragic accident Banda was shot and killed, and prosecutors accused Barajas of the murder, claiming he was close to home and left the scene to retrieve his gun. The trial began not long ago for Barajas, with circumstantial evidence pointing to him as the suspect. Investigators had found a gun holster and bullets in the Barajas home, but the murder weapon was never found.

Today, a jury acquitted Barajas of the crime, citing a lack of evidence since the gun was never found. Barajas, who tested negative for gun shot residue (GSR) denied that he had committed the crime, but had he been found guilty he might have been sent to prison for life.

db03This isn’t our normal fare for SLTV, but for all of us car guys and gals who have been in a similar situation – on the side of the road with our broken down pride-and-joy – this is a heart-wrenching story. While we can feel relieved for Barajas, we can also feel angry for the senseless act committed by Banda.

The only real thing we can perhaps take away from this is that we need to make sure our children are completely out of harm’s way when our vehicles break down, but there are no certainties – especially when it comes to drunk drivers.

Perhaps fate stepped in to help the jury return a verdict, but do you feel that anyone would have wanted to convict Barajas, especially after losing his two sons to such a tragedy? Share your thoughts in the comments section below, we want to know what you think.

About the author

Michael Harding

Michael is a Power Automedia contributor and automotive enthusiast who doesn’t discriminate. Although Mopar is in his blood, he loves any car that looks great and drives even faster.
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