COULD YOU CONVICT THIS FATHER? David Barajas Murder Trial

[HairOfTheDog]

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.

If I was a prosecutor and the evidence pointed at him, I'd charge Barajas and I'd want to win the case. I'd not push for anywhere near the max due to mitigating circumstances if he was convicted, however.

Vigilante justice is not something that I support, no matter what. I cheer at extreme non-lethal self-defense sometimes, but not revenge violence and killings.

Had he not been executed, Banda would have faced consequences. He would have been arrested on the spot and it would be he instead of Barajas whose world is revolving around having committed a terrible criminal action while facing years behind bars.

Sounds to me -- from the testimony that Duchess just posted -- that the local cops involved don't feel as strongly about it as I do, which is a bit strange (though I'm sure that accident scene was absolutely heart-breaking and horrifying). Sounds like they turned a blind eye to vigilante justice and one lost his job over it.

All of that apparent vengeance and cover-up, for what? Two boys are still dead, another baby's father was executed, and a cop lost his job.

[Midwest Spy]

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.

Sounds to me -- from the testimony that Duchess just posted -- that the local cops involved don't feel as strongly about it as I do, which is a bit strange (though I'm sure that accident scene was absolutely heart-breaking and horrifying). Sounds like they turned a blind eye to vigilante justice and one lost his job over it.

HotD, looking at things clinically can surely be different than being at the scene, where emotions are raw.

If those cops had kids and they saw what was left of those two boys, they may have said, "I'll get fired before I provide testimony that convicts this father."

It's really not that hard to fathom.

Is it 'right'?

Hard to say.

[HairOfTheDog]

I've been at such a scene MS, and I'm not a police officer who's trained and experienced in such matters.

Even if I hadn't experienced something similar, I'd not have a hard time fathoming the enormity of the horror and emotions.

Still, it's not hard for me to say that it's wrong for cops to falsify police reports in a case of murder or any other. I can understand why they might feel compelled to do so in this particular case, but it's wrong for police officers to hide the truth and take it upon themselves to serve as judge and jury, IMO.

I don't think the father and the cops are pieces of shit for what they've allegedly done and I have compassion for them all, especially the father. But, I think they were wrong, if the allegations are true, and I think they hurt themselves, their families, and the police force in the process.

[Duchess]

How does everyone appear to immediately know the driver was drunk? Was it only the end result that played a role in the shooting? It seems like it would have to be.

[Midwest Spy]

^ I was actually wondering that myself.

Sounds like Dad went to the drivers side door. He ends up punching him and who knows if words are exchanged? I'm just speculating. Maybe the guy in a drunken stupor says something along the lines of, "I killed somebody? Really? Who gives a fuck!". Something that could've sent Dad into a murderous rage?

Again, I'm just trying to piece it all together.

[sally]

Also what's the wife's account of what happened? I doubt she just sat in the car the whole time looking out into the darkness until the cops got there. Did they have a cell phone with them? If not then were they screaming help?

[HairOfTheDog]

I don't think she's talked. The only thing I've found regarding the wife, Cindy Barajah, is this account of her at the accident site.

Snip:
During ex-deputy Anderson's testimony, dash-camera video from his patrol vehicle of the crash site was played for jurors. In the video, Cindy Barajas, the boys' mother, can be heard screaming, "No, not my babies." http://www.startribune.com/nation/272033381.html

The prosecution is conducting it's case-in-chief right now -- with cross examination of the prosecution witnesses by the defense attorney. I don't think Mrs. Barajas could be compelled to testify against her husband, even if prosecutors thought she had something to help convict him.

I expect that Cindy Barajas will be a witness and be asked for her account when the defense presents its case-in-chief; she'll bolster her husband's account and generate a lot of sympathy.

[sally]

I think she was probably crying that the whole time while his first thought was to kill the guy, whether he ran back home to get the gun or already had the gun with him. His first thought should have been to call 911 and help his kids.

[HairOfTheDog]

Found an interview with Mrs. Barajas.

Here's what Cindy Barajas told ABC:
“Half of my life is gone. There’s no bringing that back.”

“The fact that they’re sitting there trying to say that he did something he didn’t do … He was sitting there trying to revive my sons,” she said.

“Trying to take my husband away from me after my kids are gone, accusing him of something he didn’t do…I just don’t think it’s right,” she said.

Here's what the family of the murdered driver is saying on Facebook:
The family is demanding his killer go to prison. Banda’s fate should have been handled by the legal system, they argue.

“Whoever did it is getting away with murdering my nephew. He deserves justice,” said Janie Tellez, Banda’s aunt.


Source: http://www.nashfm923.com/common/more.php...40A&mode=2

[HairOfTheDog]

Mrs. Barajas' demeanor is strong, but her pain is clear in the short ABC interview video at the link below.

http://abcnews.go.com/US/texas-man-trial...d=25019748

She might be lying, but to me she comes across as credible. She'll be a good defense witness for her husband.

[Cutz]

The difference between legal and moral is distinct. Legally, the cops could have shot the driver and covered it up. A neighbor could have shot the driver. If I was a prosecutor, I wouldn't want this case just because the evidence is so circumstantial I'd not want to hurt my record with a loss. If I was a prosecutor and had better evidence, I'd want to put him in jail or an institution. The point of law is to administer justice. Those who take revenge ignore justice. They're not the same.

Morally, I think both parties are responsible for the accident. However, the drunk driver is reprehensible for impairing himself and operating dangerous machinery. Obviously he's more responsible for the incident... but the person to decide his punishment is NOT the other person responsible for the incident. If it had been an 82 year old woman that was impaired due to terrible vision, she'd still be reprehensible. Would you hand the 82 year old woman a death sentence?

[HairOfTheDog]

How does everyone appear to immediately know the driver was drunk? Was it only the end result that played a role in the shooting? It seems like it would have to be.

I don't know if or how whoever murdered Jose Banda knew that he was drunk when they killed him.

He could have reeked of booze being at twice the legal limit, he could have been slurring or otherwise obviously inebriated when he was approached at the scene, he could have admitted that he was wasted... Or, just as likely to me, it wasn't known that Banda was drunk at the time, and he was killed because he hit those kids and caused their deaths, period.

For me, it doesn't matter if the killer knew that Banda was drunk or not. It's the same murder either way. But, for much of the public, the fact that Banda was drunk and the Barajas' lost their children horrifically gives the killer a free pass on the murder, especially if the killer is David Barajas.

If Banda -- a 20-year-old new father with a close-knit family -- had been sober when he was murdered for hitting a family -- a family who was stopped in the middle of a dark little-traveled road late at night with two of their children outside of the car --the climate surrounding this case would be very different, IMO.

Whether his intoxication had anything to do with hitting the Barajas' can never be known. But, he was in fact drunk and that is something that will be pounded on by the defense because it works so heavily in their favor, even though it shouldn't matter legally.

Whether or not Banda's drunkenness was known to the killer at the time will only be known to the rest of us if someone confesses and provides details to back up their contention if they claim his drunkenness was what motivated them to kill Banda.

There are a heck of a lot of unknowns in this case.

[Duchess]

According to the Mom, the car that hit the boys was driving without lights. She said there were no lights in the rear view mirror. I'm just throwing that out there.

[HairOfTheDog]

According to the Mom, the car that hit the boys was driving without lights. She said there were no lights in the rear view mirror. I'm just throwing that out there.

That's interesting -- I hadn't heard that before.

Where did you find that, Duchess?

[Duchess]

I heard that when I listened to the interview that you posted the link to. It's the ABC News link a few posts above this one.

[HairOfTheDog]

I heard that when I listened to the interview that you posted the link to. It's the ABC News link a few posts above this one.

Shit, I listened to that interview twice and totally missed it.

I just listened again. I'm not sure if she meant that there was no one else on the road when her husband and boys got out of the truck to push and then suddenly they were hit, or if she meant that the car that suddenly appeared didn't have its lights on.

She did that interview just a couple of days ago, right before the start of the trial. I do hope the defense calls her -- really would like to hear her full account of the events.

If she testifies to things that the prosecutors don't believe are true, it could be tricky for them to really grill her without possibly alienating jury members.

[Duchess]

This is my impression - she must have been behind the wheel steering as they were pushing and like any driver she would have been continuously checking her rear view mirror for traffic, she saw no lights and then the impact occurred. That's my perception of it, someone else may have a different take on it. Too bad we aren't able to listen/watch the proceedings.

[HairOfTheDog]

I can't tell for sure what she meant in that quick statement; I interpreted it to mean that they were just sitting there, saw no lights, and the family got out -- when suddenly out of nowhere they were hit.

But, I think your impression might be right.

I too wish we had a live stream of the trial.

[Duchess]

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

Again, I could be wrong.

I do understand that often times things of this nature pull a family apart but sometimes it works the opposite way and that's what I hope for this family. I saw them with a little one, a little boy maybe about 18 months old. That's just a guess, I'm not good at guessing kid's ages. I hope they've been able to find comfort in each other.

[HairOfTheDog]

Have you come across any search/arrest warrants or the police report from the accident or any official docs for this case, Duchess?

I haven't been able to find any -- wonder if they're sealed.