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

Okay, I just read the article, it said that the boys were pushing a disabled vehicle at night. Was it dark? Did they even have the lights on? There's just not enough info to even judge if alcohol even played a roll.

Justice hasn't yet been achieved. Death isn't an appropriate punishment for vehicular manslaughter, even when alcohol is involved. And now the victims' family is further anguished at the potential imprisonment of the father/husband. Which he should be imprisoned. Sober, conscience choice to kill a person is at least as bad, or perhaps worse than the impaired judgment of someone who is driving drunk. Let the justice system do its job.

I looked up some more articles on this case because I wanted to know more. As a first responder who has seen the damage done by drunk drivers, I would have a hard time convicting the father of any crime.

http://www.wptv.com/dpp/news/nation...-murder-of-man-suspected-of-running-over-kids

This link has pics
http://www.dailymail.co.uk/news/art...iver-killed-sons-age-11-12.html#ixzz2KgMxximA

AnaTeresa said:

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.

Click to expand...

Thank you! I was growing increasing alarmed by the overwhelming support this father was getting! He KILLED someone, in cold blood. At least the other driver had the excuse of being drunk for his actions.

This is what happens when everyone and their brother has a gun or two in their waistband/purse/glove compartment/under the seat, etc.

oh_gal said:

Thank you! I was growing increasing alarmed by the overwhelming support this father was getting! He KILLED someone, in cold blood. At least the other driver had the excuse of being drunk for his actions.

This is what happens when everyone and their brother has a gun or two in their waistband/purse/glove compartment/under the seat, etc.

Click to expand...

No excuses for the drunk driver!He drank in excess that was his own doing.He in essence murdered 2 children by auto because he made the choice to get drunk and get behind the wheel. I have 0 sympathy for him,IMO He murdered with his auto if not for his actions the father never would have done what he did!I do not see it as cold blood,his kids where killed in front of him ,I would think he was in severe shock when he reacted!Me I would have just strangled him with my bare hands if it were my children!

Babyslims said:

"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.

Click to expand...

I agree! I wonder how drivers family would feel if it was their loved one murdered by a drunk driver!

mikeysmommom said:

No excuses for the drunk driver!He drank in excess that was his own doing.He in essence murdered 2 children by auto because he made the choice to get drunk and get behind the wheel. I have 0 sympathy for him,IMO He murdered with his auto if not for his actions the father never would have done what he did!I do not see it as cold blood,his kids where killed in front of him ,I would think he was in severe shock when he reacted!Me I would have just strangled him with my bare hands if it were my children!

Click to expand...

I totally agree with this post!

oh_gal said:

Thank you! I was growing increasing alarmed by the overwhelming support this father was getting! He KILLED someone, in cold blood. At least the other driver had the excuse of being drunk for his actions.

This is what happens when everyone and their brother has a gun or two in their waistband/purse/glove compartment/under the seat, etc.

Click to expand...

BBM, NO NO NO!!! I disagree. Drinking & driving is not excusable.

I don't believe in vigilante justice. For one, it sends the message that it's okay to take the law into your own hands - which for some will mean a less severe situation (such as a response to road rage or someone hitting someone else, etc).

The sad thing is - this family hasn't just lost two boys now, but also a father/husband.

belimom said:

I don't believe in vigilante justice. For one, it sends the message that it's okay to take the law into your own hands - which for some will mean a less severe situation (such as a response to road rage or someone hitting someone else, etc).

The sad thing is - this family hasn't just lost two boys now, but also a father/husband.

Click to expand...

But he may have just snapped.

I can't see how he would be in his right mind after witnessing his children being killed.

I think this will come down to temporary insanity.

It's not like he went after the guy six months after the "accident". It happened moments after.
Although I don't see it as an accident since the driver was impaired.

mikeysmommom said:

No excuses for the drunk driver!He drank in excess that was his own doing.He in essence murdered 2 children by auto because he made the choice to get drunk and get behind the wheel. I have 0 sympathy for him,IMO He murdered with his auto if not for his actions the father never would have done what he did!I do not see it as cold blood,his kids where killed in front of him ,I would think he was in severe shock when he reacted!Me I would have just strangled him with my bare hands if it were my children!

Click to expand...

I was not making excuses for the drunk driver. But neither will I give the dad a "get out of jail free card" for his actions.

Kimberlyd125 said:

But he may have just snapped.

I can't see how he would be in his right mind after witnessing his children being killed.

I think this will come down to temporary insanity.

It's not like he went after the guy six months after the "accident". It happened moments after.
Although I don't see it as an accident since the driver was impaired.

Click to expand...

So it's ok if the dad "snapped"? What if the drunk driver "snapped" and had a drink for the first time after years of sobriety?

noZme said:

BBM, NO NO NO!!! I disagree. Drinking & driving is not excusable.

Click to expand...

Where in my post did I EVER say it was?

What I said was at least the drunk driver had being drunk as an excuse (i.e. a reason) for his behavior. Not "excusing" his actions by any means.

mikeysmommom said:

No excuses for the drunk driver!He drank in excess that was his own doing.He in essence murdered 2 children by auto because he made the choice to get drunk and get behind the wheel. I have 0 sympathy for him,IMO He murdered with his auto if not for his actions the father never would have done what he did!I do not see it as cold blood,his kids where killed in front of him ,I would think he was in severe shock when he reacted!Me I would have just strangled him with my bare hands if it were my children!

Click to expand...

So...."being in severe shock" = ok to kill someone.
"being drunk" not ok. ??

Neither is ok, in my opinion.

It's this "eye for an eye" mentality that is scary. (the dad's, not yours).

belimom said:

This is heartbreaking all around...

Texas Dad Accused of Murdering Drunk Driver Who Killed Kids

A Texas father, who watched a drunk driver strike and kill his two young sons, has been charged with murder after allegedly shooting the driver in the head moments after the accident.

More at http://abcnews.go.com/US/texas-dad-accused-murdering-drunk-driver-killed-kids/story?id=18477907​

Click to expand...

and more from your link

Barajas and his sons were pushing the family's disabled pickup truck toward their home late that night, as the boys' mother and two younger siblings sat inside, according to a police report released by the Brazoria County Sheriff's Department.

so, not only the father, but the boys' mother and two younger siblings witnessed this horror!!!

I for one, am glad that the drunk driver is dead.

Of course, I am not typical with my reaction to drunk drivers. I don't believe that drunk driving should be a charge. I believe if you don't kill someone while driving drunk, but are caught, the charge should be attempted murder. And if you do kill someone while driving drunk, it shouldn't be vehicular manslaughter, it should be murder, straight out. This man murdered two children, and the father of those children murdered him. As the state should do in these cases. The father just got there first and delivered a much more appropriate sentence than the state would have, IMO.

I, for one, am tired of drunk drivers getting off easy. I can't really fault the dad for snapping and shooting the drunk driver. In my experiences as a first responder, drunk drivers are usually remorseless and obnoxious.

Take the case of the most notorious drunk driver in our area. On Christmas Eve she was going over 60 mph as she went thru a red light, hit a car and killed the passenger and gravely injured the driver. (She already had one DUI charge that was pending). The car she hit was 2 people who were just getting off work at about 1am.

When cops arrived she was very belligerent, yelling at them "Do you know who I am? Do you know who my grandaddy is? Don't mess with me, you will be sorry. My grandaddy will come after you for treating me like this. Let me go. You can't treat me like this!!"

Well they took her off to jail and took the dead victim to the morgue. Then the killer was bailed out of jail within 2 hours, before her buzz had even worn off. Her grandaddy must have called in some favors to get a judge (or whoever sets bail) out of bed at 2am on Christmas Eve/Christmas morning so she could get out of jail right away.

Yep, she was home, opening Christmas gifts and celebrating with her family while the family of her victim was having the worst Christmas ever and trying to explain to the victim's 3 year old son why mommy was never coming home.

Her grandaddy got her out of the first DUI charge (the one where she didn't kill anyone) and in the 2nd case where she killed the young mom, she was given a sentence of about a year which she is spending in a small jail in a small town about 20 miles away.

Come to find out, her grandaddy knows the sheriff there and made a deal where she is free each day to leave jail (supposedly to work) and has been spotted shopping and enjoying her life, without a care in the world and is free to come and go as she pleases.

I hate to be so callous but I have no pity for drunk drivers, especially those that kill someone. I have been on the scene of too many wrecks to waste any pity on a drunk driver.

oh_gal said:

So it's ok if the dad "snapped"? What if the drunk driver "snapped" and had a drink for the first time after years of sobriety?

Click to expand...

<mod snip>
He saw his kids DIE!!!

oh_gal said:

Where in my post did I EVER say it was?

What I said was at least the drunk driver had being drunk as an excuse (i.e. a reason) for his behavior. Not "excusing" his actions by any means.

Click to expand...

And the dad had a reason too!
The drunk KILLED his kids.

I can't imagine the shock and rage he must have felt.

Again, I think this will come down to temporary insanity.

oh_gal said:

So...."being in severe shock" = ok to kill someone.
"being drunk" not ok. ??

Neither is ok, in my opinion.

It's this "eye for an eye" mentality that is scary. (the dad's, not yours).

Click to expand...

Do you think people think rationally when they are in shock?
He didn't ask to be in shock.
He didn't ask to see his children plowed over.

It's never ok to kill someone but I think it's totally understandable how this happened.

fhc said:

and more from your link

Barajas and his sons were pushing the family's disabled pickup truck toward their home late that night, as the boys' mother and two younger siblings sat inside, according to a police report released by the Brazoria County Sheriff's Department.

so, not only the father, but the boys' mother and two younger siblings witnessed this horror!!!

Click to expand...

Oh my gosh.
Terrible.