DALLAS CRIMINAL LAWYERS.: FEDERAL, STATE & APPEALS - BRODEN & MICKELSEN LLP

Texas Man Accused of Shooting Drunk Driver Who Killed His Sons is Acquitted

Texas Man Accused of Shooting Drunk Driver Who Killed His Sons is Acquitted

In high profile cases it’s not uncommon for the authorities to put together a case on the flimsiest of evidence.

Take the recent case of David Barajas who was recently acquitted of shooting a man who killed his young sons in a drunken-driving accident. There’s no question that Barajas had a strong motive in the killing of 20-year-old Jose Banda Jr. in December 2012.

However, the jury acquitted Barajas after hearing from the defense about the lack of evidence in this tragic case.

NBC reported on how it took the jury three hours to acquit David Barajas, in late August 2014.

“I thank God. This has been hard on me and my family,” Barajas told reporters after the acquittal. “It’s been a lot of weight lifted but I’m still very hurt.”

Banda who was drunk hit Barajas and his two children as they pushed the family’s disabled truck down a road about 50 yards away from their home in Alvin, south of Houston in Texas. Barajas’ children — David, 12, and Caleb, 11 — were killed in the crash.

The authorities claimed Barajas went home, picked up a gun and returned to the wreckage to shoot Banda in the head. However, investigators never found a gun and didn’t have an eyewitness to the shooting. Attorneys acting for Barajas said his client’s only focus on the night of the fatal crash was trying to save his sons’ lives and that someone else killed Banda.

The defense brought forward evidence that Barajas was tested for gun residue at the accident scene, and those tests came back negative. They also said the evidence showed that someone else’s blood was found at the scene, and that Barajas never had or used a gun.

Jeri Yenne, the prosecutor, told the media said she had no regrets about bringing charges. “We believe that Mr. Barajas committed the crime and we also know the jury did not believe that beyond a reasonable doubt. We respect that,” she said.

There are often flaws in the prosecution case in high profile indictments. An experienced Texas criminal defense attorney can find them and highlight them to the jury.

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