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Jury finds man not guilty in shooting death of drunk driver who killed two sons

Most of the jury said they likely would have done the same thing as David Barajas.
Most of the jury said they likely would have done the same thing as David Barajas.
Click 2 Houston

David Barajas, a man who was accused of fatally shooting a drunk driver who killed Barajas' two sons, was found not guilty by a jury on Wednesday, Aug. 27, 2014. NBC News reported that the jury took a mere three hours to declare the 32-year-old Barajas as not guilty in a Texas courtroom.

Barajas faced up to life in prison for his alleged actions and cried in court when he learned that he would not be convicted in the shooting death of 20-year-old Jose Banda Jr. back in December of 2012. He broke into tears as the verdict was read.

"I am relieved but still in pain. My two boys are dead and nothing will bring them back," Barajas said in a post decision news conference.

An intoxicated Banda struck Barajas and his two sons while they were pushing the family's broken down truck down a roadway. The truck had run out of gas and the family's home was just 50 yards away when a drunken Banda struck them.

12-year-old David and 11-year-old Caleb were both killed.

As police reports state, Barajas went home after the accident and retrieved a gun. He was then said to have returned to the scene of the accident and allegedly shot Banda in the head, killing him.

Police never had an eyewitness to the shooting and never recovered the gun used in the shooting. Barajas also had no gunshot residue found anywhere on him, but he was covered in blood from attempting to help his children.

ABC News reported that Barjas' lawyer said his client had one focus, and that was trying to save the lives of his two sons that night.

During the trial, 911 calls were played to help create a timeline that the jury could follow. The timeline was meant to show that Barajas did not have enough time to actually shoot Banda.

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