If a drunk driver killed your kids, what would you do?

[NorthernVike 2,080]

Prosecutor: Father shooting driver was 'execution'

 

ANGLETON, Texas (AP) — A drunk driver did not deserve "public execution" by a father accused of taking the law into his own hands in a fit of rage over the killing of his two sons in a wreck, a prosecutor told jurors on Monday.

David Barajas is accused of fatally shooting Jose Banda in December 2012 minutes after Banda plowed into a vehicle that Barajas and his two sons had been pushing on a rural road. Twelve-year-old David Jr. died at the scene and 11-year-old Caleb died at a hospital.

In opening arguments Tuesday in Barajas' murder trial, prosecutor Brian Hrach told jurors that Banda made a horrible decision by drinking and driving, but he did not "deserve a public execution." Barajas is accused of leaving the scene of the accident, retrieving a gun and returning to kill Banda.

Sam Cammack, Barajas' attorney, told jurors that his client did not kill Banda, and that the father never left the accident scene. Barajas was covered with his sons' blood after he had tried to perform CPR on the boys, the defense attorney said.

"When police get there my client is doing what he was doing the whole time, trying to save his children's lives," Cammack said.

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.

An even greater challenge for prosecutors could be overcoming sympathy in the community for the father. Many people in the town of Alvin where the tragedy occurred, 30 miles southeast of Houston, have supported Barajas. Some have said they might have done the same thing in a similar situation.

Hrach tried to minimize the absence of a murder weapon, saying that a bullet fragment from a .357 caliber weapon was found at the murder scene and that an open box with .357 caliber ammunition was found in Barajas' home.

The home security system at Barajas' house with cameras that would have shown the accident scene had been disabled, the prosecutor said.

Witnesses will testify that they saw Barajas leave the scene and then come back and approach Banda's vehicle, going up against the car, appearing to be hiding something, Hrach said.

Barajas' blood was found on the armrest and dashboard of Banda's car, Hrach said.

But Cammack tried to cast doubt on prosecutors' claims that Barajas was responsible by telling jurors that evidence will show that there was a group of people who gathered around Banda's driver side window after the accident.

Cammack also said that after a gunshot was fired, a witness saw a white vehicle with people in it pull into the middle of the scene and then leave.

If convicted, Barajas faces up to life in prison.

At least 25 family members and friends of Barajas were in the courtroom, wearing buttons that said, "Forever in our hearts, David and Caleb Barajas" and with a picture of the two boys. At least 20 relatives and friends of Banda were also in the courtroom.

Before opening statements, Judge Terri Holder asked that family members take off the buttons, saying she did not want anything to influence the jury.

"This is a difficult case for everyone involved. Everyone in here has lost somebody they loved," she said.

 

 

 

 

 

 

 

 

Justifiable?

 

 

 

I say yes

[edjr 5,547]

Jose Banda?

 

Sounds like another "undocumented worker" probably without a license. more innocent people killed with by a driver that shouldn't have been on the road.

 

Thank you liberals. Please allow more of these useless focks into the country. Thank you.

 

[drobeski 3,061]

Jose Banda?

 

Sounds like another "undocumented worker" probably without a license. more innocent people killed with by a driver that shouldn't have been on the road.

 

Thank you liberals. Please allow more of these useless focks into the country. Thank you.

 

sometimes you get it

[Sho Nuff 719]

Leaving the scene and going back to kill them?

No, not justifiable.

Justifiably pissed...yes.

Would I be enraged to the point of wanting to beat that person to death? Damn skippy.

Leaving to come back to where your rage could have just as easily harmed someone else to come back and commit what ends up being murder...there I have an issue.

[NewbieJr 540]

Murder

[TimmySmith 2,782]

No forensic evidence.

[hoytdwow 202]

Some mothafocka think he Charlie Bronson

[shotsup 831]

Leaving the scene sounds like going across the street (his home security would of picked it up). Lack of forensic as mentioned is a

[GobbleDog 815]

What if he'd just held the driver at gunpoint to wait for cops.... and the driver made a break for it. Could he legally shoot the driver in the back? I doubt it, but at least it wouldn't be murder 1. Now he's just a childless convict facing life.

[ZeroTolerance 582]

My first response? Do everything possible to keep the kids alive (I would imagine most logical people would do CPR well past the time of death unless their heads were split open). If there was beyond any shadow of a doubt no way to save them, then I would probably just beat the fu**er until my hands were shattered.

 

Since the article said that one of the kids didn't die until they were at the hospital, I'd be wondering about this guy's priorities.

[Vikings4ever 496]

I'm not sure, but I believe I read the prosecutors contend the guy didn't know the driver was drunk. If true, the father killed the guy over, for what he knew, was a terrible accident.

[Voltaire 4,554]

Tragic.

 

I would have a hard time convicting no matter the circumstances of leaving the scene or not. I'd acquit.

[hoytdwow 202]

 

 

Justifiable?

 

 

 

I say yes

 

not surprising that you don't believe in the rule of law

[shotsup 831]

My first response? Do everything possible to keep the kids alive (I would imagine most logical people would do CPR well past the time of death unless their heads were split open). If there was beyond any shadow of a doubt no way to save them, then I would probably just beat the fu**er until my hands were .

This. I would not need a gun. Although you would be pulled off him rather quick. Most likely.

 

The whole situation sucks

[titans&bucs&bearsohmy! 2,745]

Legally, murder.

 

That said, if I'm the prosecutor, I either don't bring charges or make a sweetheart plea deal.

 

As a juror, I nullify and vote to acquit.

[Big Blue 06 195]

Legally, murder.

 

That said, if I'm the prosecutor, I either don't bring charges or make a sweetheart plea deal.

 

As a juror, I nullify and vote to acquit.

This.

[cbfalcon 824]

If the prosecution can prove that he did it, with a heavy heart, I as a juror find him guilty. The victims family deserves justice also.

 

That said, if the state can't prove the case, I'm cool.

 

Seems like a defense of temporary insanity would be reasonably easy to prove and difficult to argue against though.

[ZeroTolerance 582]

If the prosecution can prove that he did it, with a heavy heart, I as a juror find him guilty. The victims family deserves justice also.

 

That said, if the state can't prove the case, I'm cool.

 

Seems like a defense of temporary insanity would be reasonably easy to prove and difficult to argue against though.

 

It would have been IF he had the gun on him and shot the guy right away.

[GobbleDog 815]

Seems like a defense of temporary insanity would be reasonably easy to prove and difficult to argue against though.

 

His "temporary" insanity lasted long enough to go home, get a gun, and go back to kill. Anything longer than a minute won't sound temporary to a jury.

[IGotWorms 3,302]

Murder

[SUXBNME 1,322]

Murder

Death Kill

 

 

Taco Bell

[Voltaire 4,554]

 

His "temporary" insanity lasted long enough to go home, get a gun, and go back to kill. Anything longer than a minute won't sound temporary to a jury.

Temporary enough for me.

 

If I'm on that jury, the guy will either walk free or we'll have a hung jury. I wouldn't convict. If all it takes is one hardcore obstinate a$$hole to fail to reach a unanimous decision, that a$$hole would be me. I know what happens to this guy if I waiver.

[Vikings4ever 496]

Temporary enough for me.

 

If I'm on that jury, the guy will either walk free or we'll have a hung jury. I wouldn't convict. If all it takes is one hardcore obstinate a$$hole to fail to reach a unanimous decision, that a$$hole would be me. I know what happens to this guy if I waiver.

Serious question: if the prosecutors can demonstrate that the guy didn't know the driver was drunk, that he would have shot the guy even if he was sober, would that change your mind?

[cbfalcon 824]

 

His "temporary" insanity lasted long enough to go home, get a gun, and go back to kill. Anything longer than a minute won't sound temporary to a jury.

I guess I need to know how much time passed between the accident and the murder. It had to have been reasonably quick for him to be able to see his kids die, go get a gun, and come back and kill the guy all before police arrived.

 

Obviously most would likely agree someone can't be temporarily insane 3 hours. But can you be temporarily insane for 5 minutes? 15 minutes?

[GobbleDog 815]

Obviously most would likely agree someone can't be temporarily insane 3 hours. But can you be temporarily insane for 5 minutes? 15 minutes?

 

I don't know what the legal yardstick is. This would be a classic "temporary insanity" case where the defense claims to have acted in "honor, revenge, or tragic circumstance."

 

I think this is really a case of 2 idiot-worlds coliding. Speeding drunk driver meets moron gun-nut who ran out of gas and had kids pushing car down a dangerous road.

[titans&bucs&bearsohmy! 2,745]

I guess I need to know how much time passed between the accident and the murder. It had to have been reasonably quick for him to be able to see his kids die, go get a gun, and come back and kill the guy all before police arrived.

 

Obviously most would likely agree someone can't be temporarily insane 3 hours. But can you be temporarily insane for 5 minutes? 15 minutes?

You can be temporarily insane as long as you want provided you can find some wh0re shrink who will say so for money. They run ads in the legal magazines.

 

This is one of those cases where you are arguing insanity just so to put a veneer of legality on what you are really arguing... He had it coming, vote to acquit.

[Voltaire 4,554]

Serious question: if the prosecutors can demonstrate that the guy didn't know the driver was drunk, that he would have shot the guy even if he was sober, would that change your mind?

No. It wouldn't matter what evidence was brought up.

[kilroy69 993]

No GSR on his body. any possibility he didnt do it but knows who did?

[NorthernVike 2,080]

Finally a topic not split down party lines. More so split between those with kids and those without.

[drobeski 3,061]

Plenty of reasonable doubt.

[phillybear 364]

I'd have a drink.

[Sho Nuff 719]

Finally a topic not split down party lines. More so split between those with kids and those without.

 

 

I have 2 kids...Id want to beat the ever loving crap out of the guy.

Still...if he left the scene, with at least one of his children fighting for life, to get a gun and shoot a guy that he may not have even known was drunk...yeah, that is pretty much murder.

[Frank M 181]

Finally a topic not split down party lines. More so split between those with kids and those without.

 

I have kids, too.

 

It's not justifiable. Understandable, but not justifiable.

[edjr 5,547]

I don't own a gun, as I am not a British cigarette.

 

I'm not sure what I'm capable of, it scares me to think of it. I hope I never have to find out.

[drobeski 3,061]

I don't own a gun, as I am not a British cigarette.

 

I'm not sure what I'm capable of, it scares me to think of it. I hope I never have to find out.

tough guys dont own guns, they kill fetuses

[edjr 5,547]

tough guys dont own guns, they kill fetuses

 

OH EM GEE!

 

That is hilarious!! Knee Slapper!

 

So topical and yet somehow you keep it so funny! keep up the good work funny man

[drobeski 3,061]

Dirty Elvis...Thank You Very Much:

[cbfalcon 824]

Finally a topic not split down party lines. More so split between those with kids and those without.

I have a daughter. In imagining someone running her over, I can't comprehend anything besides holding her tightly in my arms as I try to make deals with a God I don't even believe exists. And this would last hours upon hours or until someone literally pried her from me. The person that killed her wouldn't even be on my mind.

 

Now once someone pried her from my arms and I lost access to her, then it's anyone's guess what I would do. But in my sane mind right now, I know I don't have a right to deprive another father of his child, simply because his son made a mistake that will surely ruin his life.......So if I did decide to deprive another father of his child's life, I wouldn't be doing so with my sane mind. Hence, I believe I would have a defense for temporary insanity.

[edjr 5,547]

 

I have a daughter. In imagining someone running her over, I can't comprehend anything besides holding her tightly in my arms as I try to make deals with a God I don't even believe exists. And this would last hours upon hours or until someone literally pried her from me. The person that killed her wouldn't even be on my mind.

 

Now once someone pried her from my arms and I lost access to her, then it's anyone's guess what I would do. But in my sane mind right now, I know I don't have a right to deprive another father of his child, simply because his son made a mistake that will surely ruin his life.......So if I did decide to deprive another father of his child's life, I wouldn't be doing so with my sane mind. Hence, I believe I would have a defense for temporary insanity.

 

I am far far too selfish to think about anyone else.

 

I don't believe in an eye for an eye and I probably wouldn't kill the dude.

 

Going nuts and maybe beating him to a pulp would make me feel better at the moment.

Assuming he didn't kick my ass, which he probably could because I'm a fairy.

 

Hmmmm.. maybe I should get a gun?

[RLLD 3,455]

Its only wrong if the shooter is white and the victim black, otherwise, no one will have any issues with this.