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

I am still amazed that any father would allow his two sons to push a broken down truck down a dark street.
I would consider that child neglect myself. But I have higher standards than most. :twocents:

I see this as similar to using car seats.
If a drunk driver hits me and my kids are unrestrained, their injuries/death are just as much MY fault as the drunk drivers.
I do what I can to protect my kids from drunk drivers, accidents, idiots, etc. They are correctly restrained 100% of the time.

They are also not in the road when it is dark outside... since people may not see them and hit them.
Drunk or not, I don't trust other drivers to not hit my dark truck in a dark street. Especially with my kids behind it. :twocents:

As far as him not being the shooter, that just seems totally crazy.
Unless this guy was shot and that is WHY he hit the kids.
Or unless he was being chased by someone armed and that is why he hit the kids.
The only scenario that makes sense is this father killing the guy without proof he was drunk.

I am also not sure why one needs ammo if one doesn't own a gun. I don't have one so I don't have the other. :twocents:

http://www.dailymail.co.uk/news/article-2727203/Trial-Texas-father-raises-legal-moral-issues.html

Trial Starts.....

Probably be acquitted. If I was on the jury, I would acquit.

I just heard about this today and went looking for some news articles in addition to the first one I read. I am not convinced that this father was even the one who pulled the trigger. Is there solid evidence of that? Because it seems that there is evidence to the contrary. And is it possible someone else shot the guy, like the mom perhaps? Did they test the mom for gunpowder residue?

In opening statements Tuesday in Barajas' murder trial, prosecutor Brian Hrach told jurors Banda made a horrible decision by drinking and driving.
Banda "deserved punishment. He deserved severe legal punishment, but he did not deserve a public execution,"

Sam Cammack, Barajas' attorney, told jurors his client did not kill Banda, and that the father never left the crash site. Cammack described to jurors an accident scene in which Barajas, desperate to help his sons, was covered with their blood after he had tried to perform CPR on the boys. "When police get there my client is doing what he was doing the whole time, trying to save his children's lives,"

Legal experts said the case will be difficult to prosecute given the lack of hard evidence: no weapon was recovered, no witnesses identified Barajas as the shooter and gunshot residue tests done on Barajas came back negative.

http://www.nbclosangeles.com/news/n...Driver-After-Wreck-Killed-Sons-271865301.html

noZme said:

In opening statements Tuesday in Barajas' murder trial, prosecutor Brian Hrach told jurors Banda made a horrible decision by drinking and driving.
Banda "deserved punishment. He deserved severe legal punishment, but he did not deserve a public execution,"

Sam Cammack, Barajas' attorney, told jurors his client did not kill Banda, and that the father never left the crash site. Cammack described to jurors an accident scene in which Barajas, desperate to help his sons, was covered with their blood after he had tried to perform CPR on the boys. "When police get there my client is doing what he was doing the whole time, trying to save his children's lives,"

Legal experts said the case will be difficult to prosecute given the lack of hard evidence: no weapon was recovered, no witnesses identified Barajas as the shooter and gunshot residue tests done on Barajas came back negative.

http://www.nbclosangeles.com/news/n...Driver-After-Wreck-Killed-Sons-271865301.html

Click to expand...

Now that we see gunshot residue test negative on the dad, it's possible he may have called someone to come help. Idk can't imagine the intense horror of that scene. Jmo

ciao

David Barajas: 2nd day of testimony

HOUSTON -
As jurors and family members of the Barajas and Banda family made their way into court this morning, they were well aware that today's trial was going to begin with a dramatic video and audio recording of what happened on December 7th, 2012.

It was a matter of seconds after presenting such video, that some of those present in court just could not bare the pain.


http://www.myfoxhouston.com/story/26331596/david-barajas-2nd-day-of-testimony

Father accused of shooting dead DUI driver who killed his two sons has to leave court as jurors are shown video of the crash including his devastated wife's screams

http://www.dailymail.co.uk/news/article-2730142/Fathers-claims-didnt-kill-driver-boost.html

So there were more gunshots while the officer was there. I do not how he would have had time to call someone to help and hide a gun before officer responded to the call. I guess we need to know how long the response was on the 911 call. Anyone know who called 911 ? It kinda sounds like there were people on the scene who did stay.

This is a horrible case of one tragedy leads to another. I just hope all of the survivors can put their lives back together .
I expect the father will be convicted , but of a much lesser charge and something that will give him probation and not really any ' time'. Because what he did was break the law ( allegedly) but I think very few parents can fault him for how it happened.

Prosecution wrapping up in David Barajas trial

http://abc13.com/news/prosecution-wrapping-up-in-david-barajas-trial/280226/

Article & Video report

Just came across this. Puzzling to say the least...

CA Lady said:

Prosecution wrapping up in David Barajas trial

http://abc13.com/news/prosecution-wrapping-up-in-david-barajas-trial/280226/

Article & Video report

Click to expand...

"He testified he found a gun holster and a pack of bullets at the Barajas home. Plus, he told jurors that someone had disabled the Barajas video surveillance system."

BBM.... Not exactly throwing himself upon the mercy of the court....I'd have a difficult time throwing the book at this guy if he was forthright.

Closing arguments today in David Barajas trial

http://abc13.com/news/closing-arguments-today-in-david-barajas-trial/282700/

At issue before is why the surveillance video system in Barajas' house wasn't working the night of the accident. The system installer testified there was a problem with the unit and the hard drive was removed a month before the accident.

I don't remember reading before that Banda was found on the passenger side of the vehicle:

http://www.myfoxhouston.com/story/26366862/david-barajas-trial-week-2

I must say I've been disappointed in the coverage of this trial, some of the articles are almost embarrassing in their lack of detail and in some cases nearly incoherent jumping from point to point. When it's in your own region I suppose you just expect a little better. Hopefully it won't be a long deliberation process and the reporters can go back to doing whatever it is they do better and the Angleton community can begin to heal from it all.

Thanks Mr. Lozano...
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Juan Lozano @juanlozano70 · 2h

Courtroom packed for closings in #davidbarajas trial. Deputies making room for family, friends of Barajas and Jose Banda, the driver.


Juan Lozano @juanlozano70 · 1h

Judge now reading charging document to jury before closing arguments start in #davidbarajas trial.


Juan Lozano @juanlozano70 · 1h

Prosecutor Cindy Hall says death is not a penalty for intoxication manslaughter. #davidbarajas trial.


Juan Lozano @juanlozano70 · 1h

Hall says Jose Banda made bad choices but #davidbarajas also made bad choice by putting his sons in danger by pushing truck on dark road.


Juan Lozano @juanlozano70 · 1h

Defense attorney Sam Cammack now offering his closing argument. #davidbarajas trial


Juan Lozano @juanlozano70 · 59m

Cammack: "They want you to believe as parent you would leave your child for somebody you didn't know & get gun to kill him?" #davidbarajas


Juan Lozano @juanlozano70 · 47m

Cammack says evidence against #davidbarajas never existed at trial and that what was presented at trial never fit with prosecution case.


Juan Lozano @juanlozano70 · 33m

Cammack detailing what he says is lack of evidence in case: no gunshot residue on #davidbarajas, nobody saw him with gun.


Juan Lozano @juanlozano70 · 28m

Cammack: "Not one person said this guy, this dad had a gun and shot this guy." #davidbarajas trial


Juan Lozano @juanlozano70 · 22m

Cammack: "I have no idea who shot Mr. Banda. From the evidence we've seen, it wasn't Mr. Barajas" #davidbarajas trial


Juan Lozano @juanlozano70 · 16m

Cammack suggesting to jurors Banda not alone in car and wasn't driving. Suggesting other person in car killed him.#davidbarajas trial


https://twitter.com/juanlozano70

Juan Lozano @juanlozano70 · 18s

Prosecutor Brian Hrach: "This defendant killed Jose Banda." #davidbarajas trial


Juan Lozano @juanlozano70 · 25s

Hrach says suggestions Banda's cousin or half brother, who were at crash site, killed Banda "are ridiculous."

Juan Lozano @juanlozano70 · 12s

Hrach tells jurors that as Jose Banda tried to leave his car thru passenger door, #davidbarajas put gun in car and shot him.

Juan Lozano @juanlozano70 · 27s

Hrach says justice system not based on "revenge. Our system is based on law." #davidbarajas trial

Juan Lozano @juanlozano70 · 10s

Closings arguments over. Jury now deliberating in #davidbarajas trial.