[UPDATE]
A Texas father alleged to have shot and killed a drunk driver who fatally crashed into his two sons was yesterday acquitted. The jury found him not guilty after just a three-hour deliberation.

On December 7, 2012, David Barajas, 32, and his two sons were pushing their Ford F250 on the road near their house when the truck had run out of gas. At that moment Jose Banda, 20, crashed his car into them. Jose was later found to have twice the legal limit of alcohol in his system. Twelve-year-old David Jr. died at the scene, and his 11-year-old brother Caleb succumbed to injuries later in the hospital.

Prosecutors accused Barajas of going back to his home, 100 yards away from the crash scene, to grab a gun before returning to the scene to shoot Banda in the head. However, Barajas’ lawyers argue that Barajas was only concerned about saving his sons that night.

The jury acquitted because the gun used in the killing was never found, no witness identified Barajas as the shooter, and gunshot residue tests done on Barajas’ hands returned negative.

In addition, though investigators found a holster and ammunition for a .357-caliber gun in Barajas’ house, which would match the bullet fragment left in Banda’s car, Barajas’ lawyer said his client does not own a gun, and tests showed that the bullet that hit Banda could also have come from a different type of weapon.

In response to his acquittal, Barajas cried tears of relief, and said, “I am relieved but still in pain. My two boys are dead and nothing will bring them back.”

[Original story on August 22, 2014]
A Texas father is accused of fatally shooting a drunk driver on December 7, 2012, after the driver’s vehicle killed his two sons on the side of a county road, and is now facing a trial jury in Brazoria County.

David Barajas was with his two sons when his truck ran out of gas, about 100 yards away from their Alvin, Texas home. David Jr., 12, and Caleb, 11, got out of the vehicle to help their father push the F