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

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The driver found shot to death after he struck and killed two young brothers in Alvin Friday night was a homicide victim, the Harris County Medical Examiner has ruled.

Jose Banda, 20, was found unconscious behind the wheel of his car with a gunshot wound to the head. He was flown to Memorial Hermann Hospital where he later died.

Investigators didn’t find a weapon at the scene, and they’re still trying to figure out who killed Banda.

Brazoria County sheriff’s investigator Dominick Sanders says witnesses heard gunshots three minutes after the first 911 call reporting the accident.

http://www.khou.com/news/crime/Sear...struck-killed-2-Alvin-brothers-183030171.html
 
Police are investigating who fatally shot a suspected drunken driver just moments after he crashed his car into two young brothers in Texas last week, killing them both.

Investigators questioned witnesses Thursday, but Brazoria County sheriff's investigator Dominick Sanders said detectives had ‘no formal suspects’ in last Friday’s fatal shooting of 21-year-old Jose Banda. The death has been ruled a homicide.

Sanders said investigators haven't interviewed the boys' father, who was injured, or their mother, who was in the truck with the couple's eight-year-old daughter and three-month-old son.

so now they're saying he was shot after?.......hmmmmmmm, weird :waitasec:

http://www.dailymail.co.uk/news/art...ed-11-12-gunned-just-moments-fatal-crash.html
 
Why hasn't LE interviewed the parents yet? Did they lawyer up?
 
No, they did not lawyer up.APD is giving them the time they needed to have funeral services for the boys and time to grieve.
 
No, they did not lawyer up.APD is giving them the time they needed to have funeral services for the boys and time to grieve.

I cannot imagine what they are going through... but still don't think this is a big mystery. May those boys RIP. :(
 
Investigators interviewed several witnesses who were at the scene at the time of the crash. They told investigators they saw David Barajas walk away from the crash site toward his home. They also told investigators they saw him return to the scene and approach Jose Banda's car. That's when the gunshots were fired, they said.

Using a search warrant, deputies went inside the Barajas' home. They found a handgun holster and ammunition, but no firearms.

Investigators are awaiting results of gunshot residue tests collected at the scene.

Sanders said a Brazoria County grand jury on Friday indicted David Barajas in Banda's death. On Sunday, he turned himself in to authorities. He was being held in the Brazoria County jail in lieu of $450,000 bail.

http://www.chron.com/news/houston-t...ted-in-fatal-shooting-after-crash-4269065.php
 
Very tragic but understandable in a way.
 
Two men each made split decisions that day that changed the course of countless lives forever. This is really a sad story.
 
Investigators said no weapons were recovered at the scene. They interviewed several witnesses who were present at the scene of the accident. Those witnesses said David Barajas was observed walking away from the scene of the accident, towards his home shortly after the crash. Those witnesses also reported 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 at the Barajas’ home. Inside the residence, they found a handgun holster and ammunition, but a gun was not found.

David Barajas has been arrested for the murder of Jose Banda. His bond was set at $450,000.

http://www.khou.com/news/crime/Fath...ath-of-driver-who-killed-sons--190749911.html
 
But the family of the slain driver believes justice must be done.

"It was an accident. He didn't purposely do that,' Janie Tellez told KTRK. "Whoever did it is getting away with murdering my nephew. He deserves justice."
From above link

Drunk driving is not an accident. He didn't accidentally pour himself drinks and accidentally drink them. He made a conscious decision to drink and then put himself behind the wheel of a car.
I hope the father gets a compassionate judge and jury and they let him go with a reduced sentence. He has suffered enough. I am sure even prison isn't as bad as living without his sons.
 
Reminds me of John Grisham's A Time To Kill.
 
"But the family of the slain driver believes justice must be done."

Justice was SERVED! I really hope the father chooses temporary insanity and wins. I can't stand irresponsible drunks.
 
I don't think this was justice. But I understand the man's reaction. I don't think it was right and he should stand trial for manslaughter but I don't know how a jury would convict him of anything that will give him any worse sentence than he has now.
 
Completely inexcusable. While I feel for the man, it is not acceptable in this country to enact vigilante justice like this. I feel for the family of the slain driver, as well as the shooter's family - he's now putting them through extra heartache, having to deal with the consequences of his impulsive, thoughtless actions.
 

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