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David Barajas: Cleared in the murder of drunk driver who killed his sons

David Barajas is acquitted of murdering a drunk driver who killed his two sons. The Independent reports Aug. 28 that the ruling came from Brazoria County Courthouse in Texas this week.

In December 2012, 12-year-old David Jr. and 11-year-old Caleb were killed by Jose Banda, 20, while they were pushing their father’s car that broke down. Barajas was steering the car and there were no road lights. Banda had turned onto the road and had twice the legal limit of alcohol in his system.

David Barajas, 32, was on trial for shooting Banda in a fit of rage after the tragedy because Banda had a bullet in his head when he was found in the car.

It was only circumstantial evidence that supported the arguments for prosecutors, however. They argued that Barajas walked to his home only 100 yards away from the scene to grab a pistol and return to kill Bandas. Investigators arrived to the conclusion that a bullet fragment discovered in Banda’s car may have come from a firearm like Barajas', but Barajas' lawyer argued the ammunition could have come from a different gun.

David Barajas' defense attorney continued that the shaken father was too busy trying to save his two sons instead of worrying about Bandas. A police car camera showed him giving CPR on Caleb as his wife cried out for help. He didn't have enough time to murder Bandas.

No gun powder was on Barajas' hands and the weapon that killed Bandas was never found.

Prosecution witnesses also said long after Bandas was shot, they heard more gunfire that night; this further added to the acquittal of David Barajas.

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