Father accused of killing drunk driver goes on trial

By: Matt McGovern Email
By: Matt McGovern Email
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.

David Barajas

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.


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