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