ANGLETON, Texas (AP) — A jury today acquitted a southeast Texas man of murder in the fatal shooting of a drunken driver who had just caused an accident that killed the man's two sons.
David Barajas cried after the verdict was read and he hugged his wife, Cindy, who was also crying. He could have been sentenced to up to life in prison, if he had been convicted.
Prosecutors alleged that Barajas killed 20-year-old Jose Banda in a fit of rage after Banda plowed into Barajas and his sons while they were pushing a truck on a road near their home because it had run out of gas. Twelve-year-old David Jr. and 11-year-old Caleb were killed.
Defense attorney Sam Cammack said Barajas didn't kill Banda and that he was only focused on saving his sons. The gun used to kill Banda wasn't found and there was little physical evidence tying Barajas to the killing.
Authorities said that after the crash, Barajas, 32, went to his home about 100 yards from the crash site, got a gun and returned to shoot Banda.