ANGLETON, TEXAS (NBC) - A prosecutor tells jurors that a Texas father took the law into his own hands and publicly executed a drunk driver in a fit of rage minutes after a deadly wreck that killed the man's two sons.
David Barajas is accused of fatally shooting Jose Banda in December 2012, minutes after Banda plowed into a vehicle that Barajas and his two sons had been pushing on a rural road.
12-year-old David Jr. died at the scene and 11-year-old Caleb died at a hospital.
In opening arguments Tuesday in Barajas' murder trial, prosecutor Brian Hrach told jurors that Banda made a horrible decision by drinking and driving, but he did not "deserve a public execution."
Barajas is accused of leaving the scene of the accident, retrieving a gun and returning to kill Banda.
Sam Cammack, Barajas' attorney, told jurors that his client did not kill Banda.
No witnesses have named Barajas as the shooter. Authorities never recovered a weapon.
If convicted, Barajas faces up to life in prison.