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The Police News - May 2013 Print Edition

 
 

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Father charged with killing driver who killed his sons
   
 
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Feb. 11, 2013
Special to The Police News

On Dec 7th 2012 Brazoria County Sheriff's deputies were dispatched to CR 144 near CR 712 to a major vehicle accident.

There deputies found a disabled Ford F-250 pickup truck was being pushed down the road by David Barajas and his two young sons with the mother and two small children were inside.

Deputies further learned that a 2000 Chevrolet Malibu passenger car crashed into the rear of the pickup. David Barajas was reported to sustain non life threatening injuries while one child was pronounced dead at the scene. The other child was flown by life flight to the medical center where he was pronounced dead on arrival.

The driver of the passenger car, Jose Banda, which crashed into the family's pickup truck was found to have sustained a single gunshot wound to the head and was also flown by life flight to the medical center, where he later died of his injuries.  Jose Banda was determined to be intoxicated at the time of the crash with a blood alcohol concentration of 0.175g/ml. Investigators recovered a projectile from inside of the vehicle that Jose Banda was shot in. Investigators were unable to match that projectile to a weapon because no weapons were recovered at the scene.

Investigators have interviewed several witnesses who were present at the scene of the accident. Those witnesses state that David Barajas was observed walking away from the scene of the accident, towards his home shortly after the crash. Those witnesses also report seeing David Barajas return to the scene and approach Jose Banda's car when the gunshots were fired.

Brazoria County Investigators executed a search warrant on the Barajas residence located in close proximity to the scene. Inside the residence, Investigators found a handgun holster and ammunition, however no firearms were found at the residence.
Investigators are currently awaiting results of gunshot residue tests which were collected at the scene. 

The Grand Jury of Brazoria County has returned an indictment on David Barajas for the murder of Jose Banda. David Barajas was arrested and processed through the Brazoria County Detention Center on $450,000 bond.



Comments:

Dad took the law into his own hands. Sad. I wonder if the driver had a previous DWI? He was over twice the limit of .08.

Posted by YouKnowWho at 2/12/2013 7:05:57 AM

So sad - even sadder is now he's lost all 4 kids since he'll be headed to jail and those two will not get to know him. And the Mom is left to deal with all this by herself. Maybe a good lawyer can help him ..

Posted by Blondie at 2/12/2013 8:16:19 AM

If I ended up on this man's jury, I would be tempted to vote guilty--BUT give him the lowest sentence allowable plus probation.

Posted by Another Father at 2/12/2013 8:47:22 AM

Now that's Texas Justice. I would expect any respectable father to do the same. To understand this man's state of mind you had to see the scene of the accident.

I wonder if he'll go with a plea of temporary insanity. If I was on the jury I would let him off regardless of whether the state can prove he fired the shots or not.

Posted by Barry at 2/12/2013 4:55:09 PM

FIRST of all he is my family and maybe if you all put yourself in his shoes first and think before you speak it may be different. i am not saying what he did it good, but ok come on now if your children are in front of you all died and one dying you cant even say how you would react. GOD BLESS MY FAMILY. i understand the driver who killed my cousins died also and I feel for their family as well..

Posted by OHREALLY at 2/13/2013 1:25:12 PM

I'd done the same. That kid chose to put other people's lives in jeopardy so he could have fun at a party. Was it worth it? He was underaged as well. I can't believe the Aunt is griping about her nephew needing justice; and claiming it was an "accident". No ma'am, your nephew is a murderer because he was drinking underage, and driving while impaired. He was incredibly selfish and tore a family apart. He go off easy. No he doesn't have to live with the guilt or be in prison for life.

Posted by Porter at 2/13/2013 10:50:33 PM

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