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

[Kimberlyd125]

Understandable, but still against the law.

But it could possibly be ruled a crime of passion or a temporary insanity.

Much different that what you keep insisting he did.

 

[cluciano63]

But what if it turned out the driver had not been drunk? Was having a medical emergency or a stroke or seizure?

 

[oh_gal]

You are using your logical thinking skills. Something this Dad probably didn't have the capability of at the time.

Well, he was thinking logically enough to get rid of the gun.

 

[oh_gal]

But it could possibly be ruled a crime of passion or a temporary insanity.

Much different that what you keep insisting he did.

What do I keep insisting he did?? Besides kill him in cold blood, which is what he did.

He had time enough to walk home, find his gun and walk back, and think about what he was going to do.

 

[oh_gal]

But what if it turned out the driver had not been drunk? Was having a medical emergency or a stroke or seizure?

Apparently, it doesn't matter.

 

[oh_gal]

You act like he drove across town and returned to the scene.

He was right by the house. He walked in to get it and right back out and shot the drunk driver within moments.

But if this was a knee jerk reaction...a crime of passion, he would have grabbed the nearest weapon to him, and attacked the guy, not stopped and thought to himself, "Yeah....the gun. I'll go get my gun."

 

[keeponsearching]

So they can't find the gun.. Where can it be..

https://www.facebook.com/pages/Free-David-Barajas/455719021202726

One of the comments really makes me think.

 

[keeponsearching]

I am surprise that there is no new info, it states this happen Dec 7th.. Where are the results on the test.

I am baffled.

 

[oh_gal]

So they can't find the gun.. Where can it be..

https://www.facebook.com/pages/Free-David-Barajas/455719021202726

One of the comments really makes me think.

Many of the comments make me think. Especially the ones saying, "he did nothing wrong! I would have done the same thing!"

Really? Sounds like lynch-mob mentality to me.

 

[Peliman]

BBM

Second degree murder if convicted by a judge or jury under the letter of the law.



Manslaughter in a plea bargain or if convicted by a jury inclined not to hold him to the letter of the law and if the defense raises the issue of recklessness sufficiently for the judge to include manslaughter in the instructions to the jury.



http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.19.htm



http://www.statutes.legis.state.tx.us/SOTWDocs/PE/htm/PE.8.htm

Barring any unknowns as to the father's mental health, an insanity defense won't fly.

A family member of mine was killed by a drunk driver; I was with them when they died.

It never occurred to me to kill the driver in retaliation. Not once. Not ever.

I'd plea the Father was under duress and should be plea bargained down to manslaughter and a lessor sentence.

 

[TXN4LIFE]

One of the other posters asked, and I have the same question. Has it been determined that he WAS over the legal limit? The hospital says that he had alchohol in his system, or did they say he was legally drunk?

I live in a rural area. If the driver of the trucks lights were not on and it was dark, I can see how, drunk or not, the other driver might have not seen him.

Did the dad know at the time that the driver was drunk? Did you see the front end of that car? I'm curious if the driver was even awake after that impact. Sober or not he had to have been stunned.

How can you leave your dying children to leave the scene and get your gun? I would have wanted to comfort my injured and at that point surviving son.

So many things are not right with this...including the man who got behind the wheel of a vehicle and drove after having drinks.

 

[Lois Lane]

Tests showed Banda's blood alcohol was twice the legal limit when his Chevrolet Malibu rear-ended the Barajas' family's Ford 250 truck that had run out of gas on an unlit county road near Alvin, investigators said. The inebriated driver failed to swerve or even apply his brakes before plowing into the truck and crushing Barajas' sons, David Jr., 12, and Caleb, 11.

A Brazoria County grand jury reviewed the evidence and heard testimony from Barajas before indicting him Friday for murder.

"His testimony is sealed and no statement about it can be released at this time," said Sanders.

Shortly after the accident, Barajas told relatives that he could not recall anything beyond rushing to the aid of his sons.

http://www.chron.com/news/houston-t...ted-in-fatal-shooting-after-crash-4269065.php

 

[jjenny]

I do believe that this father needs some punishment. Especially considering he allegedly went into the house to pick up a gun.

 

[Paulette]

I was a juror on a home invasion trial - 4 counts with 2 special circumstances. First vote was 9 guilty to 3 not guilty. After 5 days of wearing the 3 nots down, it was 12 guilty.

It was a cut and dried case with all the evidence - yet 3 people couldn't see it till every iota of evidence was discussed. Even though the DA discussed it for a week.

This case has no gun. Texas is trying to make a case out of bullets. No real evidence.

I'd have to acquit and persuade my fellow jurors to do the same. It's just not a good fit for my conscience to find a drunk driver/child murderer worth spending any time over.

Just hope the Texas jury sees it that way.

 

[jjenny]

Case has no gun, but apparently does have witnesses.
While nobody knows what a jury will do, obviously grand jury did indict. And in TX, it was not a give that they would indict.

 

[MsFacetious]

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:

 

[Kimberlyd125]

Well, he was thinking logically enough to get rid of the gun.

Link?

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

 

[Kimberlyd125]

What do I keep insisting he did?? Besides kill him in cold blood, which is what he did.

He had time enough to walk home, find his gun and walk back, and think about what he was going to do.

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?

 

[Kimberlyd125]

But if this was a knee jerk reaction...a crime of passion, he would have grabbed the nearest weapon to him, and attacked the guy, not stopped and thought to himself, "Yeah....the gun. I'll go get my gun."

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.

 

[Kimberlyd125]

http://www.chron.com/news/houston-t...ted-in-fatal-shooting-after-crash-4269065.php

Twice the legal limit. I'm not surprised. Because from reading reports it was pretty clear to the responding officers/EMS and hospital staff that he was inebriated.