08-21-2014, 09:20 AM
A jury will need to put their emotions aside while deliberating the fate of David Barajas in a very emotionally-charged murder trial currently underway in Angleton, Texas.
![[Image: barajas.jpg?w=640&h=360]](http://heavyeditorial.files.wordpress.com/2013/02/barajas.jpg?w=640&h=360)
The Defendant: David Barajas ^ stands accused of executing Jose Banda - 20, moments after Banda killed Baraja's two sons (pictured above) while driving drunk.
The Accident and Murder Scene
On Dec. 7, 2012, Banda's Chevrolet Malibu rear-ended the Barajas family's Ford 250 truck that had run out of gas on an unlit county road near Alvin. Barajas' young sons were helping their father push the vehicle to their home, about 100 yards away, when Banda's car then plowed into the truck and crushed the boys. David Jr. died at the scene, and Caleb died at a hospital.
The Murder
Shortly after the crash, 911 operators received calls about gunshots fired. Authorities later arrived at the scene to find Banda slumped in the front seat of his car with a bullet wound to his head. Tests showed Banda's blood alcohol was nearly twice the legal limit when the crash occurred.
![[Image: s-JOSE-BANDA-large.jpg]](http://i.huffpost.com/gen/1974573/thumbs/s-JOSE-BANDA-large.jpg)
The Victim ^: "Jose Banda (pictured above) did a stupid thing, he made a horrible decision by drinking and driving," assistant Brazoria County District Attorney Brian Hrach told jurors during opening arguments. He noted that the man deserved to be punished legally. "But he did not deserve a public execution."
The State/Prosecution Case
A Brazoria County grand jury indicted Barajas on a murder charge after a two-month investigation, during which authorities located a witness who reported seeing Barajas walk from the crash scene to his nearby home and return to Banda's car and hearing gunshots.
Authorities allege Barajas left the scene of the wreck, retrieved a gun from his home (about 100 yards away from the accident scene) and returned to kill Banda.
The witness was not close enough to see if Barajas had a weapon in his hand. Investigators later searched Barajas' home, where they found an empty holster and unused ammunition, but no weapon. (HOTD ETA: the murder weapon has not been located.)
Gunshot residue tests done on Barajas' hands came back negative. Hrach told jurors that Barajas' blood was found inside Banda's vehicle and that an expert will explain the ease of washing away gun residue.
The prosecutor has reminded jurors to pay attention to the facts of the case. "Although tough," he said. "Please be advised that emotion cannot be what decides guilt or innocence."
The Defense Case
Sam Cammack, Barajas' attorney, stressed to jurors the prosecution must prove that Barajas shot Banda. He told jurors his client's main focus that night was helping his children.
"When police get there, my client is doing what he's been doing the whole time, trying to save his son's life," Cammack said during opening arguments.
During cross-examination of two 911 dispatchers who answered calls the night of the incident, Cammack seemed to be suggesting Barajas would not have had enough time to have shot Banda.
Barajas has pleaded not guilty. If convicted of murder, he faces up to life in prison.
Ref: http://www.chron.com/news/article/Judge-...to-6745671
The Defendant: David Barajas ^ stands accused of executing Jose Banda - 20, moments after Banda killed Baraja's two sons (pictured above) while driving drunk.
The Accident and Murder Scene
On Dec. 7, 2012, Banda's Chevrolet Malibu rear-ended the Barajas family's Ford 250 truck that had run out of gas on an unlit county road near Alvin. Barajas' young sons were helping their father push the vehicle to their home, about 100 yards away, when Banda's car then plowed into the truck and crushed the boys. David Jr. died at the scene, and Caleb died at a hospital.
The Murder
Shortly after the crash, 911 operators received calls about gunshots fired. Authorities later arrived at the scene to find Banda slumped in the front seat of his car with a bullet wound to his head. Tests showed Banda's blood alcohol was nearly twice the legal limit when the crash occurred.
The Victim ^: "Jose Banda (pictured above) did a stupid thing, he made a horrible decision by drinking and driving," assistant Brazoria County District Attorney Brian Hrach told jurors during opening arguments. He noted that the man deserved to be punished legally. "But he did not deserve a public execution."
The State/Prosecution Case
A Brazoria County grand jury indicted Barajas on a murder charge after a two-month investigation, during which authorities located a witness who reported seeing Barajas walk from the crash scene to his nearby home and return to Banda's car and hearing gunshots.
Authorities allege Barajas left the scene of the wreck, retrieved a gun from his home (about 100 yards away from the accident scene) and returned to kill Banda.
The witness was not close enough to see if Barajas had a weapon in his hand. Investigators later searched Barajas' home, where they found an empty holster and unused ammunition, but no weapon. (HOTD ETA: the murder weapon has not been located.)
Gunshot residue tests done on Barajas' hands came back negative. Hrach told jurors that Barajas' blood was found inside Banda's vehicle and that an expert will explain the ease of washing away gun residue.
The prosecutor has reminded jurors to pay attention to the facts of the case. "Although tough," he said. "Please be advised that emotion cannot be what decides guilt or innocence."
The Defense Case
Sam Cammack, Barajas' attorney, stressed to jurors the prosecution must prove that Barajas shot Banda. He told jurors his client's main focus that night was helping his children.
"When police get there, my client is doing what he's been doing the whole time, trying to save his son's life," Cammack said during opening arguments.
During cross-examination of two 911 dispatchers who answered calls the night of the incident, Cammack seemed to be suggesting Barajas would not have had enough time to have shot Banda.
Barajas has pleaded not guilty. If convicted of murder, he faces up to life in prison.
Ref: http://www.chron.com/news/article/Judge-...to-6745671