COULD YOU CONVICT THIS FATHER? David Barajas Murder Trial

[HairOfTheDog]

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.


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

[Duchess]

I wouldn't want to be on that jury, I don't think I'd be able to do as the judge will direct them to do. This sorta reminds me of the case many years ago where the mother shot & killed the sex offender who had abused her son.

[ramseycat]

The guy snapped. Psychotic break after seeing his kids killed by a drunk. Not guilty by reason of severe emotional distress.

[Duchess]

One description I've read of this scene was that there were body parts around, if that's true then that drunk driver really hit those kids with some force and the mom & dad saw their little boys like that.

[HairOfTheDog]

The guy snapped. Psychotic break after seeing his kids killed by a drunk. Not guilty by reason of severe emotional distress.

Yeah, I think the dad might have been smarter to admit to killing the driver, if that's what happened. Temporary insanity could have been believable in this case.

But, he claims he didn't shoot and kill Banda. His defense is contending that one of the witnesses on the scene could have done it and taken off amidst the chaos.

Then again, LE found a shell in the driver's car that was similar to ammo found in the father's house and, if he did shoot the driver, he had the presence of mind to thoroughly wash the gun powder residue from his person and ditch the gun.

Tough case for prosecutors. I think it's very difficult for many not to consider Barajas the victim and Banda as deserving what he got.

[SIXFOOTERsez]

"Similar" shell casings don't mean much, I have a couple thousand "Similar" casings that match crime scenes all over the country, but I didn't cap anybody. I kind of have a hard time seeing the father leaving his kids there on the ground to go get the gun, shoot the guy, trash the gun, wash the residue off his hands and then Ta Da! be there working on his son when the police get there.
I can quite easily see some neighbor out there, see what happened to the kids and popping the guy. No one saw the dad do it.
Tough call as to being on the jury.
There was some comment in another thread recently, your a great guy, good guy, christian and all that all your life, them you do something really fucked up. Are you sill a good guy? Or a murdering bastard? 2 kids are dead and it is quite obvious that his drunk ass did it. I think it makes him a murdering bastard. Can't say what it makes the dad, Hero? Asshole? Murdering Bastard?

[sally]

So the only 911 calls made were from neighbors about the gun shots. Why wouldn't the first 911 call be from the father trying to save his kids. My first thought wouldn't be to leave my kids there not knowing if they were dead or not and run home and grab a gun.

[RJs-Ex]

I have a hard time seeing the dad leave his dead/dying kids in the street to go get a gun, too. However, I think he probably did it. Who else would care that much? Maybe the mom went and got the gun for him? I don't recall reading in the story if she was even there or not. Regardless, I'd have a hard time convicting him. Unless it could be for manslaughter, or some charge where he wouldn't have to go to prison.

[Cutz]

There was some comment in another thread recently, your a great guy, good guy, christian and all that all your life, them you do something really fucked up. Are you sill a good guy? Or a murdering bastard? 2 kids are dead and it is quite obvious that his drunk ass did it. I think it makes him a murdering bastard. Can't say what it makes the dad, Hero? Asshole? Murdering Bastard?

One is a proven murderer, the other is an alleged murderer.

I'd be curious about the details of the case. What time was it when the incident occurred? It mentions it's an unlit country road... implying that the drunk driver might not have seen the kids/truck even if sober. If it was dark enough that the driver wouldn't have seen the kids, how is it light enough that the witness saw the dad go back to his house 100 yards away?

The empty holster and the bystanders not saying who shot the dude seems incriminating. How you don't have one rubbernecker running out to see the drama or help that says who shot the dude is suspicious. Not sure they'll have enough evidence to convict, but it sounds like papa shot the dude. Morally I would ask... was this 2am? Was the dad being irresponsible for having his kids push a truck down an unlit road? Could he tell the guy was drunk when(if) he shot him? Would he have shot anyone that accidentally killed his kids, even if they were sober? Dunno.

[Duchess]

This could end in jury nullification.

There was a case a couple years ago where a man found a guy sexually abusing one of his kids, he beat the man to death and the grand jury choose not to indict him. This case has gone beyond that point obviously but it just goes to show that there are times where morality wins. I don't expect this father to be found guilty.

[sally]

Well if he did in fact do it and they can prove it I think he should be convicted. It's pitch dark outside, your kids are lying there either dead or dying and you have time to get a gun and then clean up the evidence and don't even bother to call 911? Seems the kids aren't the most important issue to you.

That doesn't seem likely though, so if they have no witnesses and the casings mean nothing then I don't see him being found guilty.

[Duchess]

I was trying to find the 911 calls but I've only seen a bit of one in print. On the call, screaming can be heard in the background as an unidentified caller told a dispatcher a boy is 'bleeding badly ... he's in half. It's bad.'

The first 911 call came in at 11:33 p.m., a child was reported dead at 11:34 p.m., gunshots were heard at 11:35 p.m. and police had arrived at the scene and cleared it for EMS to come in at 11:40 p.m.

[Cutz]

So at 11:30 on a Friday night, you have your 11 and 12 year old kids pushing your truck down an unlit country road when your house is 100 yards away because you forgot to get gas?

I know the execution theoretically gets a pass because the driver was drunk, and therefor a criminal for manslaughtering two children, but I still can't get over the fact if he knew the guy was drunk. If it had just been some guy, and some terrible tragedy where they're both to blame, would the killer still have murdered the driver? Doesn't seem right to me.

Getting the gun from the house is easily doable in 5 minutes. Shooting the guy with bystanders not being aware seems impossible. Whoever shot the guy, people must know, and they haven't spilled the beans in almost 2 years. There's just not enough evidence to me.

[HairOfTheDog]

I have a hard time seeing the dad leave his dead/dying kids in the street to go get a gun, too. However, I think he probably did it. Who else would care that much? Maybe the mom went and got the gun for him? I don't recall reading in the story if she was even there or not. Regardless, I'd
have a hard time convicting him. Unless it could be for manslaughter, or some charge where he wouldn't have to go to prison.

Found this bit in one of the news articles, RJs:

Snip:
Deputies claim the Barajas family ran out of gas on County Road 144 near Alivn. The father, David Barajas Sr., and his two sons, David Jr. and Caleb, were pushing the car off the road. Their mother and sister were inside the vehicle.

Investigators said Jose Banda, 20, was driving drunk and slammed into them. The impact killed the 11 and 12-year-old boys.
Ref: http://6abc.com/news/trial-begins-agains...er/268409/

Based on what I've read, I don't think there is enough evidence to convict Barajas, but prosecutors may have more that will come up as the trial proceeds. I agree with Cutz that there's a good likelihood witnesses aren't telling all that they know in this case if it implicates Barajas.

Police have a missing gun attached to the suspect who has a strong potential motive. Does that mean it's the missing murder weapon and Barajas is the killer? Probably, IMO, but not beyond reasonable doubt.

If Barajas did it, he might have had the weapon on him at the time of the crash, having left the holster and extra ammo at home. Or, his wife could have gotten the gun from the house after the crash, as you suggest.

If Barajas was accused of executing a sober beloved nun, I think such loose circumstantial evidence would go further, even though I agree with sally that Barajas should be convicted if the evidence points beyond reasonable doubt to his guilt (regardless of the fact that the driver was drunk when he hit the family).

It should be an interesting trial.

[HairOfTheDog]

"Similar" shell casings don't mean much, I have a couple thousand "Similar" casings that match crime scenes all over the country, but I didn't cap anybody. I kind of have a hard time seeing the father leaving his kids there on the ground to go get the gun, shoot the guy, trash the gun, wash the residue off his hands and then Ta Da! be there working on his son when the police get there.

I can quite easily see some neighbor out there, see what happened to the kids and popping the guy. No one saw the dad do it.

It's possible to me that a witness at the accident scene murdered Banda, Six. The time line that Duchess posted is very tight, assuming the witness who called 911 did it right after the accident occurred. Barajas was reportedly covered in blood from attempting CPR on the boys and was at the accident site when paramedics arrived.

One thing that I just learned is that the Barajas' home surveillance system had been disabled, so the comings and goings from the house that night aren't on video. I do not know if it was disabled after the accident, but I believe that's the prosecutor's implication.

Found a little more about the weapon and the witnesses.

Snip:
Hrach (prosecutor) 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.

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 (defense atty) tried to cast doubt on prosecutors' claims that Barajas was responsible by suggesting to jurors that various other people seen near Banda's vehicle after the wreck could have been responsible.
,,,,Source: http://www.dailymail.co.uk/news/article-...z3B3oehmx9
-----------------------

Witnesses seeing Barajas up against Banda's car and Barajas' blood inside of that car sounds pretty incriminating, though. I wanna hear the witness testimony.

This is a sad and difficult case, all the way around.

[Duchess]

I wish I would have kept some of the info I've read the past few days. In one of the articles it was stated that there is a discrepancy with one of the witnesses who said he saw the father's hand/arm inside the vehicle. Apparently there are police photographs of the window showing it rolled up. I'm curious about the father's blood being on the dash and armrest. That doesn't look very good.

There are very bizarre statements from 2 police officers as well. I think one of them lost his job over this accident/shooting. I'll look for those.

[Midwest Spy]

I think the guy should probably serve some jail time, but I wouldn't want to ruin his life either (as a juror).

From the dads perspective, he most likely doesn't regret a thing he's done. His kids are gone, and he made the SOB pay.

I'd bet his marriage is tumultuous at best (but I could be wrong). I'd have to think losing your kids, especially in this manner, would be very hard to overcome (if at all).

As a prosecutor, do you really want to throw the book at somebody who experienced this? You don't want vigilante justice, but, the drunk driver essentially executed two young children, and there should be consequences.

[Duchess]

Here are the officers comments. Crazy testimony for sure.

A current deputy with the Brazoria County Sheriff's Office and a former deputy with the department told jurors they failed to note in reports that they had heard more gunfire after arriving at the crash site.

Ex-deputy Lloyd Anderson, who told jurors he was fired for not including more details in his reports, said he probably did inform an investigator about the gunfire.

'You have someone at the scene who was shot in the head in the passenger seat of the vehicle, information that someone fled the scene and after that you still heard gunfire, why didn't you put that in your report?' Cammack asked the former deputy.

Anderson responded, 'Those details were not pertinent at the time.'

When Cammack asked another deputy, Jason Knopp, why he failed to include the gunfire detail in his report, Knopp said, 'No answer for it, sir.'

This testimony is from the dead driver's cousin -

Gerardo Tellez, Banda's cousin, testified that he and Banda had become intoxicated on Jagermeister and possibly beer on the day of the accident. Tellez said he followed Banda home and witnessed his cousin slam into Barajas' truck.

Tellez said he fled after seeing the 'body parts' of the boys on the road. He said before leaving he saw Barajas approach Banda's vehicle and start punching Banda through the driver's side window.

Cammack later showed jurors a crime scene photo of Banda's car and the driver's side window was up.

'You're going to stick with that even though we saw (the photo with the window up)?' Cammack asked Tellez.

'Yes,' Tellez replied.

Story

[Duchess]

I'd bet his marriage is tumultuous at best (but I could be wrong).

Why do you think that?

[Midwest Spy]

I'd bet his marriage is tumultuous at best (but I could be wrong).

Why do you think that?

Just seems I've read that marriages that have kids die are difficult to keep together.

Again, I could be wrong.