Father Not Guilty For Killing The DUI Driver Who Killed His Kids

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Father Kills His Sons DUI Driver Killer

A father and his two young sons had to push their truck down a road since it had ran out of gas back in December 2012. However, as they were pushing the truck out of the way, a drunk driver came threw and plowed into them, which resulted in the young boys death’s. The drunk driver then ended up being shot at the scene of the crash.

On last Wednesday, the jury gave the verdict of not guilty to the father, David Barajas in the shooting. Could you really blame the guy though? How many DUI accidents are there a year? And How many of those accidents is the driver actually hurt? Very seldom, it’s usually always the innocent party. When someone hurts one of your babies, your first instinct is to protect them, even if they’re gone. I can’t imagine the rage or the pain that David went through seeing his sons killed right in front of him.

After the hearing, the prosecutor, Jeri Yenne made a comment about the ruling, saying that she still belive that DAvie Barajas killed Jose Banda. She also added that the state would not have prosecuted otherwise.

Jeri Yenne’s Statement about the DUI Case

We also know that the jury did not believe that beyond a reasonable doubt. We respect that.

Sam Cammack, who was Barajas' defense attorney during the trial gave some evidence that was enough to put juror’s minds from guilty to not-guilty. Cammack told the jurors that there was actually blood from another third person, who is unknown at this time and it was found in Banda’s vehicle. He also was quick to blame the authorities to jumping to conclusions.

Cammack’s Statement about the DUI DNA

Obviously, at least how the evidence developed, they made up their minds at the scene that night and they never considered any other potential leads, even after the DNA came in.

According to the defense’s argument, the victim was a gang member leading them to believe that someone else had shot him the night of the crash.

However, the prosecution came back swinging. They called an eyewitness that testified that Mr.Barajas had left the scene of the incident then returned just a few moments later and then leaned into Banda’s car. The witness claims they heard a gunshot, however did not see a gun.

Although evidence was shady in both arguments, Mr. Barajas says that he is very relieved by the verdict.

Barajas statement about the verdict

A lot of weight is lifted off my back. I’m still destroyed. I’m missing my sons.

Barajas' children was eleven year old Caleb and twelve year old David. They died in the crash and they are survived by Barajas, his wife, and two other remaining children. Barajas is praying not only for his mourning family, but for Bandas' as well. He feels sympathy because the Bandas' family also lost a son and says that this is “a loss for everybody”.

Daniel A. Gibalevich DAG Law Firm

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