A jury in Angelton, TX, has acquitted a man who had been charged with the murder of a drunk driver who plowed into his two sons in December 2012, killing them both while they were pushing their dad’s truck toward their nearby home.
The jury deliberated about three hours before finding David Barajas not guilty in the slaying of 20-year-old Jose Banda. According to the Houston Chronicle, Banda smashed into David Barajas, Jr., 12, and his 11-year-old brother, Caleb. The newspaper reported that at the time of the crash, Banda’s blood alcohol level was twice the legal limit.
The case, which gained national media attention, also was weakened from the outset because of two significant things. Authorities never found the murder weapon, believed to have been a .357 Magnum handgun. They also could not find any gunshot residue on Barajas when they investigated.
But Barajas’ attorney, Sam Cammack, maintained that his client did not pull the trigger, and the lack of powder residue supported that argument.
