TX - Jose Banda, 20, slain after running over 2 boys, Alvin, 7 Dec 2012

[oh_gal]

Link?

I've read they haven't found it. I haven't read he got rid of it.
Anybody on the scene could have.

Oh, brother. Logic dictates that he, as the shooter (and the last known person to have handled it) got rid of it.

He's certainly worthy of pity and compassion for what he went through, but when it's all said and done, he killed a man who was not even probably cognizant of that fact. Kind of like being shot in the back, during the Wild West.

 

[oh_gal]

Do you know that for a fact?
Do you know how a father thinks after seeing his sons plowed over?

His house was 50 yards away.

You are the one who was saying that it was something done in a state of shock, not me.

I've said all along he knew precisely what he was doing.

However, both of us, you and I, can only speculate, can't we?

 

[Soulmagent]

First of all, I hate drunk driving. A drunk driver ruined my life but I'm still not okay with this. lease:

I initially thought, crime of passion, that's easy. But this father's reaction bothers me for other reasons.

Car runs into your two children, plus your wife and 2 other children are in the car at the time.

Did he check on his wife and kids? Who was helping the boys? Who was holding his sons as they died on the street?

He had to go inside the house to get the gun... his boys weren't even DEAD at that point. He left them alone to do that

If you watched someone seriously injure your child, what would be your focus? :waitasec:

After an accident most people will check to be sure everyone is okay. Not attack the other driver.
Those who DO attack the other driver generally have some sort of anger management issue to begin with.

Did he even know the guy was drunk? Or did he just kill him because he hit a disabled vehicle in the road?
Doesn't sound like I he even talked to the guy. Just went and got the gun, came out and shot him.

We had a "drunk driver" here a while ago who ended up being a guy having a stroke. He hit a bunch of cars in the process.
I can't imagine immediately assuming someone was drunk and taking justice into my own hands.

And where is the gun? He had the presence of mind to HIDE it, so LE can't test it. That doesn't sound like insanity to me.

Killing a young father does not bring the two dead sons back. All it does is devastate another family. :twocents:

There is now two dead children. This man ensured that an 8 year old and 2 babies won't have their fathers.

The difference is, that one of those babies will NEVER have a father, even behind bars. She will only a headstone. :twocents:

He might realy have been temporary insane. So he might have thought in the same instant they were hit they were killed and not have grasped that the threat was an accident and not still a danger

I dunno.. I also am not assuming he is the one to hide the gun ,his wife and other children were on scene as were other personal and at a scene of an auto accident ,I am not sure any evidence or items on scene would be preserved as well as they might be on a murder scene. No one knows if anyone random stopped at the scene and removed the gun due to an opportunity presenting itself or if the father just tossed it and it just hasnt been found.

 

[oh_gal]

I'm sure we're all waiting anxiously for the facts to come out. I know I am.

 

[oh_gal]

Are you sure about the thinking about what he was going to do? As in logical/clear thinking?

Do you not think he could have benn out of his mind with shock/horror/grief?

I'm just as sure about what he was thinking as you are sure that he was out of his mind with shock, horror and grief. He wasn't simply an incoherent basket case -- otherwise he would never have been able to walk to his house, retrieve the gun, and have a hand steady enough to find it's mark when he pulled the trigger.

 

[not_my_kids]

Who's to say that he went to the house to get the gun? Home was very close to the scene he could have been running for the phone to call 911, he could have been running for towels to help with first aid, he could have been going into the house for any number of reasons, remembered or was reminded of the gun at that point, and made a snap decision in the midst of grief and shock to grab the gun and kill the drunk. Nothing says to me that he ran into the house with the intention of grabbing the gun.

 

[Kimberlyd125]

Oh, brother. Logic dictates that he, as the shooter (and the last known person to have handled it) got rid of it.

He's certainly worthy of pity and compassion for what he went through, but when it's all said and done, he killed a man who was not even probably cognizant of that fact. Kind of like being shot in the back, during the Wild West.

Actually it's nothing like that.

 

[Kimberlyd125]

You are the one who was saying that it was something done in a state of shock, not me.

I've said all along he knew precisely what he was doing.

However, both of us, you and I, can only speculate, can't we?

No. I use words like maybe or couldn't he be, or I think he may have been.
I've never said he WAS.

I'm not the one stating things as fact.

 

[Kimberlyd125]

I'm just as sure about what he was thinking as you are sure that he was out of his mind with shock, horror and grief. He wasn't simply an incoherent basket case -- otherwise he would never have been able to walk to his house, retrieve the gun, and have a hand steady enough to find it's mark when he pulled the trigger.

I've never said I was sure he was. I said I think he may have been.
And I stand by that.
Because I can't imagine him not being after seeing what he saw.

How do you KNOW he wasn't an incoherent basket case?
"Incoherent basket cases" or people in shock do all sorts of things.

 

[oh_gal]

Actually it's nothing like that.

In your opinion.



He walked up to this guy and shot him. Was the driver awake? Did he look make eye contact, get the chance to say he was sorry? Or was the driver confused and disoriented from the accident, and had no idea what was happening?

Did the dad know when he shot him that he was drunk? Or was he just so....blinded by grief...that it wouldn't have mattered? Again, it could have been the little old lady with bad night vision. And it wouldn't have mattered. Dad wanted, and got, his own brand of justice. I hope it was enough for him, because it's all he'll get.

In my opinion.

 

[oh_gal]

I've never said I was sure he was. I said I think he may have been.
And I stand by that.
Because I can't imagine him not being after seeing what he saw.

How do you KNOW he wasn't an incoherent basket case?
"Incoherent basket cases" or people in shock do all sorts of things.

I used the word "sure" in both of our scenarios in answer to your question:

Originally Posted by Kimberlyd125 View Post
Are you sure about the thinking about what he was going to do? As in logical/clear thinking?

Do you not think he could have benn out of his mind with shock/horror/grief?

To address your latest comments:

I guess we'll just have to wait for his side of the story to come out, Kimberlyd125.

It's too bad we won't have the driver's side of the story, as well.

 

[Trident]

I used the word "sure" in both of our scenarios in answer to your question:

Originally Posted by Kimberlyd125 View Post
Are you sure about the thinking about what he was going to do? As in logical/clear thinking?

Do you not think he could have benn out of his mind with shock/horror/grief?

To address your latest comments:

I guess we'll just have to wait for his side of the story to come out, Kimberlyd125.

It's too bad we won't have the driver's side of the story, as well.

What "side of the story" could a drunk driver have after he killed 2 young boys?

 

[ScarlettScarpetta]

I do believe that it was not premeditated. It was a crime of passion. In the moment he snapped. I never believe this in most cases but in this one? I do.

I don't think there is any side of the story to a drunk driver. Basically it is the same as walking around with a gun pointing it at people and pulling the trigger to see if it is loaded. You are willing to kill even if you do not happen to hit anyone that time out.

This guy sees his kids killed. No matter the circumstances. If his kids were just playing in the street, They have the right not to be killed by a lunatic who is driving drunk with no regard for anyone else.

It is complicated and will certainly be something to watch. I don't think as a jury member I could give the guy hard time. I think he deserves to be convicted of manslaughter, but I can not figure an appropriate punishment now.

 

[oh_gal]

What "side of the story" could a drunk driver have after he killed 2 young boys?

I don't know. None of us do, and now, none of us will. By "his side of the story" what I meant was that now all we have is the dad's side of the story to go by (or maybe witnesses, which is debatable)...but it's like now whatever this dad says goes: "Yes, I was out of my mind with grief. Gun? I didn't fire any gun. I don't remember anything. What gun? Where is the gun?"

Of course he hit the children and the car. That is not being debated.


Should he be punished, at all, for what he did, do you think? Was it "his" place to be judge, jury and executioner?

 

[SCHMAE]

It's so super sad.
It reminds me of the case in the early 80's maybe where the dad killed his
son's abductor in the airport with a gun. He had plenty of time to think about
it and it was pre meditated. But in these cases you have to ask yourself
would either of these fathers KILLED another human if their child had not been
injured/killed? If the answer is NO, then in my mind( not necessarily the legal
system) they are not a murderer ! Guilty of a lesser charge, manslaughter,
justifiable homicide,e tc. maybe so. But they're not murderers. It'll be interesting
to see what happens to the dad now.

Recently in south Texas, I believe a father killed a man who was in the process or about
to sexually assault his young daughter. Grand jury did not indict. Of course these cases
all have differences but the point is a parent protecting/ defending their child..... its' a mess we should be grateful we are not in . I'd just have to pray it turns out well and I'm glad I won't be on a jury for this dad . I would refuse to serve !

 

[oh_gal]

Interesting thought that requires honesty:

How would those of you feel who are parents out there, if your son or daughter were the drunk driver?

Would you still feel like the dad was in the right?

I'm sure you'd want your child to receive help, you'd probably even want them punished. But would you want them dead? They did, after all, kill two innocent children. So, your child deserves to die, too. Right?

Is the dad still a hero?

I realize this will require a mental leap, since this is an hypothetical scenario. But it's always a good exercise to experience all sides of a situation, if possible. Keeps us human.

 

[bourne]

Interesting thought that requires honesty:

How would those of you feel who are parents out there, if your son or daughter were the drunk driver?

Would you still feel like the dad was in the right?

I'm sure you'd want your child to receive help, you'd probably even want them punished. But would you want them dead? They did, after all, kill two innocent children.

Is the dad still your hero?

It's hard to say. On the one hand, if you're a parent, you want to protect your kids 150%. If someone killed my kids -- god-forbid -- instinctually I'd want to hurt the perp really badly too. On the other hand, I'd likely try to go the legal route and let the authorities handle the situation as I don't believe in vigilante justice.

Also, I don't think I could live with myself if I did something god-awful to anyone. But that's me and my personal conscience.

 

[Peliman]

Interesting thought that requires honesty:

How would those of you feel who are parents out there, if your son or daughter were the drunk driver?

Would you still feel like the dad was in the right?

I'm sure you'd want your child to receive help, you'd probably even want them punished. But would you want them dead? They did, after all, kill two innocent children. So, your child deserves to die, too. Right?

Is the dad still a hero?

I realize this will require a mental leap, since this is an hypothetical scenario. But it's always a good exercise to experience all sides of a situation, if possible. Keeps us human.

Depends on what you're intending of charging the father with. Specifically what would you charge him with?

 

[oh_gal]

Depends on what you're intending of charging the father with. Specifically what would you charge him with?

I don't know. Voluntary manslaughter, I think. He saw his children killed right in front of him. I can't even imagine, really, what that would do to a person. But I also don't think he should just get a slap on the wrist, because he's "suffered enough". He took a life, as well. He needs to be held responsible for his decision that night.

 

[Kimberlyd125]

Interesting thought that requires honesty:

How would those of you feel who are parents out there, if your son or daughter were the drunk driver?

Would you still feel like the dad was in the right?

I'm sure you'd want your child to receive help, you'd probably even want them punished. But would you want them dead? They did, after all, kill two innocent children. So, your child deserves to die, too. Right?

Is the dad still a hero?

I realize this will require a mental leap, since this is an hypothetical scenario. But it's always a good exercise to experience all sides of a situation, if possible. Keeps us human.

1) nobody ever WANTS their child dead.
But sometimes our children do stupid things like get behind the wheel of a car drunk putting their life and the lives of countless others at risk of death.

2) this dad was not a hero. IMO he was just a loving, horrified, shocked, enraged dad.

I'm sure if I was the mother of the drunk driver I would be totally devastated. But I would have to know my adult child killed 2 innocent children by his own stupidity and that a dad had to witness 2 of his children plowed down by my son's stupidity.

I can't say what I'd do for sure because I've never been in either position.

But I can't imagine what was going through this Dad's mind after seeing what he saw.

From all reports it was obvious to all that the driver was drunk. I can't imagine the pure rage that fact caused.

Long story short, had this drunk driver stayed away from his truck that night, he would be alive and so would those 2 precious boys.