Texas dad found innocent in killing of drunk driver

REUTERS

11 years ago

David Barajas leaves the courtroom during a break in his murder trial Wednesday, Aug. 20, 2014, in Angleton, Texas. On Wednesday, August 27, 2014 a Texas jury found Barajas not guilty of shooting dead a suspected drunk driver who hit and killed his two sons. (AP Photo/Pat Sullivan)

This undated photo provided by Felicia Leija shows Jose Banda, 20, with his newborn daughter Alisa. Authorities say Banda was fatally shot in December 2012 minutes after he slammed into a truck that was being pushed by a father and his two sons after the vehicle had broken down. The two boys were killed in the alcohol-related accident. Investigators allege the boys father, David Barajas, shot Banda. Barajas trial is set to begin Monday, Aug. 18. (AP Photo/Felicia Leija)

This undated photo provided by the Barajas family shows Caleb Barajas. Barajas was killed during a Dec. 7, 2012, accident near his home in Alvin, Texas as he and his brother and his father were pushing their truck on a rural road after it had broken down. Authorities say 20-year-old Jose Banda was intoxicated when he slammed his vehicle into the truck, killing Caleb and his brother David Jr. The boys father, David Barajas, was charged with fatally shooting Banda minutes after the accident. His trial is set to begin Monday, Aug 18. (AP Photo/Barajas Family)

This undated photo provide by the Barajas family shows from left, Cindy Barajas, Jenessah Barajas, Caleb Barajas, David Barajas and David Barajas Jr. Caleb and David Jr. were killed during a Dec. 7, 2012, accident near their home in Alvin, Texas, as the boys and their father were pushing their truck on a rural road after it had broken down. Authorities say 20-year-old Jose Banda was intoxicated when he slammed his vehicle into the truck, killing the brothers. The boys father was charged with fatally shooting Banda minutes after the accident. His trial is set to begin Monday, Aug 18. (AP Photo/Courtesy Barajas Family)

David Barajas, center, leaves the courthouse during a break in his murder trial, Wednesday, Aug. 20, 2014, in Angleton, Texas. 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. Both of his sons were killed. (AP Photo/Pat Sullivan)

This undated photo provided by the Barajas family shows David Barajas Jr. Barajas was killed during a Dec. 7, 2012, accident near his home in Alvin, Texas as he and his brother and his father were pushing their truck on a rural road after it had broken down. Authorities say 20-year-old Jose Banda was intoxicated when he slammed his vehicle into the truck, killing David Jr. and his brother Caleb. The boys father, David Barajas, was charged with fatally shooting Banda minutes after the accident. His trial is set to begin Monday, Aug 18. (AP Photo/Barajas Family)

ANGLETON, Texas — A Texas jury on Wednesday found a father not guilty of shooting dead a suspected drunk driver who hit and killed his two sons while they pushed a truck down a country road late at night.

David Barajas, 32, had been charged with murdering Jose Banda, 20, in December 2012, after he plowed into Barajas’ sons David Jr, 12, and Caleb, 11, after a night of drinking.

Samuel Cammack, Barajas’ attorney, told jurors there was no evidence linking him to the crime and the father did not leave his dying children by the side of a road to hunt down Banda.

Prosecutors said after the boys were hit, Barajas returned to his house about 100 yards away, got a gun and then went to shoot Banda dead in the incident that took place in a suburb south of Houston.

In closing arguments, prosecutors told jurors the United States is governed by laws, not vigilantism.

“Your emotions and how you feel are not apart of this. We don’t let sympathies get in the way of a legal analysis,” said Brian Hrach, a state prosecutor.