[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.brodenmickelsen.com\/blog\/texas-man-accused-shooting-drunk-driver-killed-sons-acquitted\/#BlogPosting","mainEntityOfPage":"https:\/\/www.brodenmickelsen.com\/blog\/texas-man-accused-shooting-drunk-driver-killed-sons-acquitted\/","headline":"Texas Man Accused of Shooting Drunk Driver Who Killed His Sons is Acquitted","name":"Texas Man Accused of Shooting Drunk Driver Who Killed His Sons is Acquitted","description":"In high profile cases it\u2019s 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\u2019s no question that Barajas had a strong motive in the...","datePublished":"2014-09-11","dateModified":"2022-09-06","author":{"@type":"Person","@id":"https:\/\/www.brodenmickelsen.com\/blog\/author\/broden-mickelsen\/#Person","name":"Mick Mickelsen","url":"https:\/\/www.brodenmickelsen.com\/blog\/author\/broden-mickelsen\/","identifier":16,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/30690d9f76c45bf5d61434169e78762d673b1ac9b949489cf69f1c78d567fc27?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/30690d9f76c45bf5d61434169e78762d673b1ac9b949489cf69f1c78d567fc27?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Broden, Mickelsen LLP","logo":{"@type":"ImageObject","@id":"https:\/\/www.brodenmickelsen.com\/wp-content\/uploads\/2022\/08\/Broden-and-Mickelsen-Logo.png","url":"https:\/\/www.brodenmickelsen.com\/wp-content\/uploads\/2022\/08\/Broden-and-Mickelsen-Logo.png","width":378,"height":77}},"image":{"@type":"ImageObject","@id":"https:\/\/www.brodenmickelsen.com\/wp-content\/uploads\/2022\/08\/lawyer-team-about-us.jpg","url":"https:\/\/www.brodenmickelsen.com\/wp-content\/uploads\/2022\/08\/lawyer-team-about-us.jpg","width":806,"height":668},"url":"https:\/\/www.brodenmickelsen.com\/blog\/texas-man-accused-shooting-drunk-driver-killed-sons-acquitted\/","about":["Habeas Corpus Texas","Violent Crime"],"wordCount":359,"keywords":["drunk driver"],"articleBody":"In high profile cases it\u2019s 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\u2019s 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.\u201cI thank God. This has been hard on me and my family,\u201d Barajas told reporters after the acquittal. \u201cIt\u2019s been a lot of weight lifted but I\u2019m still very hurt.\u201dBanda who was drunk hit Barajas and his two children as they pushed the family\u2019s disabled truck down a road about 50 yards away from their home in Alvin, south of Houston in Texas. Barajas\u2019 children \u2014 David, 12, and Caleb, 11 \u2014 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\u2019t have an eyewitness to the shooting. Attorneys acting for Barajas said his client\u2019s only focus on the night of the fatal crash was trying to save his sons\u2019 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\u2019s 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. \u201cWe believe that Mr. Barajas committed the crime and we also know the jury did not believe that beyond a reasonable doubt. We respect that,\u201d 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."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.brodenmickelsen.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Texas Man Accused of Shooting Drunk Driver Who Killed His Sons is Acquitted","item":"https:\/\/www.brodenmickelsen.com\/blog\/texas-man-accused-shooting-drunk-driver-killed-sons-acquitted\/#breadcrumbitem"}]}]