Wow. Time out. Wait. Man shoots guy who killed his kids VIA DUI and he's not guilty?

[MJ(Mean John)]

Basically drunk driver hits 2 children, (12 yrs and 11 yrs) Father of those children, shoots and kills the dude. Then, jury finds him not guilty.


Damn. You can just about do anything in Texas.

Anyone got more facts? I mean, yeah, I would have done the same, but I would do it knowing that I'm getting Life or soemthing. But for him to be not guilty? Wow.


http://abcnews.go.com/US/jury-finds-david-barajas-guilty-shooting-death-drunk/story?id=25149665

[Patrick Chewing]

In essence, justice was served.


Without knowing the details of the case, I can assume that the Defendant's case circled around a temporary insanity defense that ultimately excused him from any guilt.

[KingBeasley08]

Don't blame the dude. If I was in his place, I would have done the same

[BigBoss]

Poetic justice.

I'm cool with it and if i was on the jury i'd vote not guilty

[CelticBaller]

Basically drunk driver hits 2 children, (12 yrs and 11 yrs) Father of those children, shoots and kills the dude. Then, jury finds him not guilty.


Damn. You can just about do anything in Texas.

Anyone got more facts? I mean, yeah, I would have done the same, but I would do it knowing that I'm getting Life or soemthing. But for him to be not guilty? Wow.


http://abcnews.go.com/US/jury-finds-david-barajas-guilty-shooting-death-drunk/story?id=25149665
Texas knows whats up

[Kensta]

No weapon found, no gun residue on him. Not guilty.

I'm sure if they wanted to dig deeper they would find more but they want to let him slide.

[red1]

I remember this story. The f*cked up part is the fact that the drunk driver who was shot and killed had an infant daughter who was born shortly before the accident. All around shitty situation.

[SunsN07BookIt]

Not enough physical evidence and a Texas jury won't side with a murderer on the reasonable doubt.

My girlfriend's brother in law killed a guy with a rape warrant who was trying to rob stuff out of his garage. Even though he chased him into the street and killed him unarmed in his car, no charges were pressed. A guess the DA decided juries tend not to side with criminals.

[ThePhantomCreep]

Texas knows whats up

No, they don't (see: affluenza kid).

This is a rare exception to the rule.

[DwnShft2Xcelr8]

I remember this story. I'm glad he isn't going to serve prison time. F*ck drunk drivers. Idiot deserved death for murdering those boys.
You can say it was an accident, but the a-hole knew the risks associated with driving while impaired.

[DwnShft2Xcelr8]

I remember this story. The f*cked up part is the fact that the drunk driver who was shot and killed had an infant daughter who was born shortly before the accident. All around shitty situation.

Good. One less shitty father in the world.

[outbreak]

As others said they didn't have all the evidence. They probably should have gone with a lesser charge anyway. But I agree, regardless of what someone has done you can't just give people a walk for shooting them.

[Patrick Chewing]

Here's a good question. Why is manslaughter a lesser crime offense than murder? I don't get it. It's literally the slaughter of a man!

[MJ(Mean John)]

Here's a good question. Why is manslaughter a lesser crime offense than murder? I don't get it. It's literally the slaughter of a man!

Malice maybe lol


Let me clear that up.


Murder= Homicide with Malice afore thought.

Manslaughter (voluntary or Involuntary) homocide without Malice or where Malice is mitigated.

[~primetime~]

Here's a good question. Why is manslaughter a lesser crime offense than murder? I don't get it. It's literally the slaughter of a man!
Manslaughter is an accident, murder is premeditated

[PHX_Phan]

As others said they didn't have all the evidence. They probably should have gone with a lesser charge anyway. But I agree, regardless of what someone has done you can't just give people a walk for shooting them.

Especially when it's unclear if alcohol is directly responsible for the crash. After I combed over some more details on this case, it turns out the father and two kids were pushing their car down an unlit road. Not saying that makes it OK to hit them, but who's to say whether or not that had more to do with the crash than the alcohol?

Who's to say the Dad even knew the kid was drunk. Maybe he was just mad over his kids. It's understandable, but we can't be allowing people to gun the other person down every time an accident happens citing momentary insanity as the excuse.

[~primetime~]

I remember this too... Father was just as at fault as the drunk

He had his kids pushing his car on a dark rural road late on a weekend night, honestly that's just asking to get hit by a car, very unsafe

Just walk home and get your car next day

[kentatm]

Texas doesnt **** around man



Joe Horn: “I’ve got a shotgun; do you want me to stop them?”

The Pasadena emergency operator responded: “Nope. Don’t do that. Ain’t no property worth shooting somebody over, O.K.?”

Mr. Horn said: “But hurry up, man. Catch these guys will you? Cause, I ain’t going to let them go.”

Mr. Horn then said he would get his shotgun.

The operator said, “No, no.” But Mr. Horn said: “I can’t take a chance of getting killed over this, O.K.? I’m going to shoot.”

The operator told him not to go out with a gun because officers would be arriving.

“O.K.,” Mr. Horn said. “But I have a right to protect myself too, sir,” adding, “The laws have been changed in this country since September the first, and you know it.”

The operator said, “You’re going to get yourself shot.” But Mr. Horn replied, “You wanna bet?”

Moments later he said, “Well here it goes, buddy. You hear the shotgun clicking and I’m going.”

Then he said: “Move, you’re dead.”

There were two quick gunshots, then a third.

“I had no choice,” Mr. Horn said when he got back on the line with the dispatcher. “They came in the front yard with me, man.”

The 911 call ended about 80 seconds after the shots were fired, when officers arrived on the scene.

Keep in mind that he ran out of his house to shoot two dudes that were robbing his neighbors. He was never in any danger until he went vigilante on them.

He was cleared by a grand jury via no bill.

[andremiller07]

While he will never get anything close to justice cause he lost his kids this is as good as you can get it, finally some common sense dude did the world a service getting rid of some drunk piece of crap that killed his kids.

[Meticode]

Good. One less shitty father in the world.
No good at all.

[red1]

Good. One less shitty father in the world.
terrible post. driving drunk doesnt necessarily make someone a shitty father

[MavsSuperFan]

This is one of the best decisions in american judicial history.

David Barajas is a personal hero of mine now.
I am an atheist but thank god that this poor man was found not guilty for murdering the drunk driver that killed his sons.

http://i4.mirror.co.uk/incoming/article1704679.ece/alternates/s615/David%20and%20Caleb%20Barajas.jpg
http://shark-tank.com/wp-content/uploads/2014/08/David-Barajas-elite-daily.jpg

Drunk driver ruined this poor man's life. I dont care if they found him constantly reloading and putting bullets into the drunk drivers dead body.

I would never have convicted Barajas if I was on his jury.
This is why jury nullification is so important.

[DwnShft2Xcelr8]

terrible post. driving drunk doesnt necessarily make someone a shitty father
Making irresponsible decisions and following through on them doesn't make someone a terrible father? He has/had an infant just born days ago and decides to drive after drinking. That's an irresponsible decision if I've ever heard of one.
Even if he didn't kill these boys, he could've just as easily killed someone else. God forbid he decided to take his newborn for a drive after drinking. He could have also ended up in jail if he had been caught driving by cops.
He should've known better. He had a newborn at home to take care of. Now that little girl is growing up without her biological father in her life. Little baby probably got lucky.

[~primetime~]

Making irresponsible decisions and following through on them doesn't make someone a terrible father? He has/had an infant just born days ago and decides to drive after drinking. That's an irresponsible decision if I've ever heard of one.
Even if he didn't kill these boys, he could've just as easily killed someone else. God forbid he decided to take his newborn for a drive after drinking. He could have also ended up in jail if he had been caught driving by cops.
He should've known better. He had a newborn at home to take care of. Now that little girl is growing up without her biological father in her life. Little baby probably got lucky.
That little girl is lucky her daddy died?

You know you're a moron right?

[MadeFromDust]

Jury nullification.

[MavsSuperFan]

I remember this too... Father was just as at fault as the drunk

He had his kids pushing his car on a dark rural road late on a weekend night, honestly that's just asking to get hit by a car, very unsafe

Just walk home and get your car next day
:biggums: :biggums:
I have helped push cars at that age.

How about dont drink and drive and kill some innocent kids.
Drunk driver deserved to have his skin peeled off. got off easy.

[~primetime~]

:biggums: :biggums:
I have helped push cars at that age.

How about dont drink and drive and kill some innocent kids.
Drunk driver deserved to have his skin peeled off. got off easy.
If I remember correctly he had his two sons pushing his car at like 3AM on a dark rural road and on a weekend night on top of that.

Horrible choice... Every driver is drunk at that hour, in fact wouldn't be surprised if he was... He then walked all the way home to get his gun and came back where the driver was trying to save the boys he hit.... He then unloaded on him.

[~primetime~]

I also remember it being noted the two boys were blocking the tail lights... So they were completely dark to on coming traffic

[MavsSuperFan]

https://www.youtube.com/watch?v=raUhCuG_DrQ&list=UUupvZG-5ko_eiXAupbDfxWw
CNN report on the story. Thankfully cops and prosecutors went easy on Mr Barajas. Barajas reminds me of another hero of mine, gary plauche.

https://www.youtube.com/watch?v=Oi3Hyxuf5AE
Man who murdered the guy that kidnapped and raped his son. The murder was caught on tape, but a court of law let him off too.


No, they don't (see: affluenza kid).

This is a rare exception to the rule.
No texas gets it right more often than not, nowadays. In the past no, but in 2014 yes.

ethan couch deserved the needle though. that judge should be disbarred. She also gave another teen only 10 years for killing a man by randomly punching him.

Ethan couch ruined so many lives, it pisses me off he gets to live.

[MavsSuperFan]

If I remember correctly he had his two sons pushing his car at like 3AM on a dark rural road and on a weekend night on top of that.

Horrible choice... Every driver is drunk at that hour, in fact wouldn't be surprised if he was... He then walked all the way home to get his gun and came back where the driver was trying to save the boys he hit.... He then unloaded on him.
I am familiar with the story.

e then walked all the way home to get his gun and came back where the driver was trying to save the boys he hit.... He then unloaded on him.
Like i said my hero. the boys were already dead. He insured justice was served
They were close to home, I would have asked my dad to let me help him push the car home

[PHX_Phan]

Making irresponsible decisions and following through on them doesn't make someone a terrible father? He has/had an infant just born days ago and decides to drive after drinking. That's an irresponsible decision if I've ever heard of one.
Even if he didn't kill these boys, he could've just as easily killed someone else. God forbid he decided to take his newborn for a drive after drinking. He could have also ended up in jail if he had been caught driving by cops.
He should've known better. He had a newborn at home to take care of. Now that little girl is growing up without her biological father in her life. Little baby probably got lucky.

Likewise another, non-impaired driver could have easily hit people pushing a car down a dark road.

Was the Dad even aware that he was under the influence? Say the driver isn't impaired...do you still justify the murder? Is the difference based solely on the driver's blood alcohol level to you?

[~primetime~]

There are no heroes in this... It just sucks from top to bottom

[iamgine]

[I]"a murder weapon was never found, gun residue was not found on Barajas

[DwnShft2Xcelr8]

Likewise another, non-impaired driver could have easily hit people pushing a car down a dark road.

Was the Dad even aware that he was under the influence? Say the driver isn't impaired...do you still justify the murder? Is the difference based solely on the driver's blood alcohol level to you?

Yes. Solely on alcohol level.

[~primetime~]

https://www.youtube.com/watch?v=Oi3Hyxuf5AE
Man who murdered the guy that kidnapped and raped his son. The murder was caught on tape, but a court of law let him off too.


Now THIS... I can dig it

[DwnShft2Xcelr8]

If I remember correctly he had his two sons pushing his car at like 3AM on a dark rural road and on a weekend night on top of that.

Horrible choice... Every driver is drunk at that hour, in fact wouldn't be surprised if he was... He then walked all the way home to get his gun and came back where the driver was trying to save the boys he hit.... He then unloaded on him.

Calls me an idiot while making a blatantly ignorant and stupid comment himself. If this were the case, I think cops' jobs would be much easier. Just wait to bust all cars driven at that hour.
If you read my post, I said this father potentially could've driven with the infant in the car one day while being drunk. That little girl probably got a new chance at life by not having a drunk for a father.

[~primetime~]

Calls me an idiot while making a blatantly ignorant and stupid comment himself. If this were the case, I think cops' jobs would be much easier. Just wait to bust all cars driven at that hour.
If you read my post, I said this father potentially could've driven with the infant in the car one day while being drunk. That little girl probably got a new chance at life by not having a drunk for a father.
You know your avy is a drunk icon right?

It is very unlikely that girl will be better off without a dad

[DwnShft2Xcelr8]

You know your avy is a drunk icon right?

It is very unlikely that girl will be better off without a dad

Barney is a cartoon character, not a real person driving drunk and ruining families.

Alas, I digress. You're likely right. Even a drunk of a father is better than no father. My comment was extreme and I admit it was unnecessary.

[MadeFromDust]

Barney is a cartoon character, not a real person driving drunk and ruining families.

Alas, I digress. You're likely right. Even a drunk of a father is better than no father. My comment was extreme and I admit it was unnecessary.

Oops El Jeffe is here I better edit this post.

I bet you have to downshift to accelerate because your ricer has no torque, am I right? :D

[Nanners]

He then walked all the way home to get his gun and came back where the driver was trying to save the boys he hit.... He then unloaded on him.

thats pretty messed up. hard to believe he was not convicted.

[CeltsGarlic]

Damn texas is awesome. If obama was from texas russia would be one of the states of usa.

[ThePhantomCreep]

I had no idea the father had his two boys hell him push the car down a dark road in the middle of the night. He's no hero, that's for sure. They could have easily been hit by a sober driver.

[MJ(Mean John)]

Manslaughter is an accident, murder is premeditated


That's not true. Well, not always.

You can get manslaughter by intentionally killing someone

[oarabbus]

terrible post. driving drunk doesnt necessarily make someone a shitty father

:biggums: yeah but killing two kids does.

[BigTicket]

If ever there was a case where I could understand a temporary insanity defense, this is it. This man just saw both his children killed by a drunk moron, who wouldn't snap at a time like that ?

I don't think there was anything morally wrong with what he did, and I don't see him as a danger to society, so he should be found innocent.

[Doranku]

You know your avy is a drunk icon right?

It is very unlikely that girl will be better off without a dad

She basically would've been without a dad regardless as he would've been in prison if he lived.

[red1]

Making irresponsible decisions and following through on them doesn't make someone a terrible father? He has/had an infant just born days ago and decides to drive after drinking. That's an irresponsible decision if I've ever heard of one.
Even if he didn't kill these boys, he could've just as easily killed someone else. God forbid he decided to take his newborn for a drive after drinking. He could have also ended up in jail if he had been caught driving by cops.
He should've known better. He had a newborn at home to take care of. Now that little girl is growing up without her biological father in her life. Little baby probably got lucky.
:facepalm complete lack of perspective

:biggums: yeah but killing two kids does.
the fact of the matter is that we don't know how the accident happened. do we even know if it was the alcohol that caused it and not the poor conditions for visibility?

[Draz]

Good. One less shitty father in the world.
It's a terrible situation to be in. All around really bad.

[tpols]

you should not be able to execute someone because of an accident... it looks like this dad was going to shoot the nguy whether he was drunk or not. Hes honestly more of a scumbag than the guy who accidently hit them.

[boozehound]

there was no actual evidence that he shot him IIRC. no gun, no witnesses, etc.

[boozehound]

If ever there was a case where I could understand a temporary insanity defense, this is it. This man just saw both his children killed by a drunk moron, who wouldn't snap at a time like that ?

I don't think there was anything morally wrong with what he did, and I don't see him as a danger to society, so he should be found innocent.
this isnt what happened. he (supposedly) left the scene to get his gun, came back and capped the dude. but there is no actual evidence of this, so.....

[PHX_Phan]

you should not be able to execute someone because of an accident... it looks like this dad was going to shoot the nguy whether he was drunk or not. Hes honestly more of a scumbag than the guy who accidently hit them.

The more I read into this, the more it seems like three young people lost their lives that night because of this guys poor decisions. He's definitely no hero :facepalm

Not really much point in getting sour over the verdict, though. He's without his two sons which is worse than any punishment the law would have given him. Shitty situation with no winners.

[~primetime~]

The more I read into this, the more it seems like three young people lost their lives that night because of this guys poor decisions. He's definitely no hero :facepalm

Not really much point in getting sour over the verdict, though. He's without his two sons which is worse than any punishment the law would have given him. Shitty situation with no winners.
yep, who has two little boys pushing a car on a dark rural road early morning on a weekend night?...no way in hell I would let my own son get out on a dark highway for ANY reason.

I would bet money this guy was ALSO drunk...told his own kids to get out and push...his kids were blocking the tail lights so no other car could see them...big fckin surprise a drunk youngster hits them at that hour.

Then he takes the young partier's life...who was also a father...everything sucks, and everyone loses

[boozehound]

yep, who has two little boys pushing a car on a dark rural road early morning on a weekend night?...no way in hell I would let my own son get out on a dark highway for ANY reason.

I would bet money this guy was ALSO drunk...told his own kids to get out and push...his kids were blocking the tail lights so no other car could see them...big fckin surprise a drunk youngster hits them at that hour.

Then he takes the young partier's life...who was also a father...everything sucks, and everyone loses
this is definitely the case. He put those kids in a very dangerous situation. Not that the driver wasnt at fault, but the situation was not a very smart one to begin with.

[NumberSix]

Jury nullification.
Not at all.

There's no reason to believe that the jury conspired to vote not guilty on a man they believed to have been proven guilty. The murder weapon was never found and there was no evidence that the father had fired a gun. You can't possibly convict when there is no actual evidence that he committed the murder.

[NumberSix]

you should not be able to execute someone because of an accident... it looks like this dad was going to shoot the nguy whether he was drunk or not. Hes honestly more of a scumbag than the guy who accidently hit them.
This is another key point.

It's easy to condemn a drunk driver after the fact when all the blood tests are done. At the time though, he didn't know that. For all he knew, somebody drugged him or the car could have even had a mechanical malfunction or he could have driven over something that made his car loose control. I highly doubt the father took time to confirm that the driver was drunk before executing him.

That being said.... There is no actual evidence that the father was the one who shot him.

[tpols]

This is another key point.

It's easy to condemn a drunk driver after the fact when all the blood tests are done. At the time though, he didn't know that. For all he knew, somebody drugged him or the car could have even had a mechanical malfunction or he could have driven over something that made his car loose control. I highly doubt the father took time to confirm that the driver was drunk before executing him.

That being said.... There is no actual evidence that the father was the one who shot him.

Like the dad comes back with the shotgun and finds out the driver isnt drunk.. and totally changes his temperment and lets him go:roll:

He wouldve killed the guy no matter what smh

[MadeFromDust]

this isnt what happened. he (supposedly) left the scene to get his gun, came back and capped the dude. but there is no actual evidence of this, so.....
If there isn't actual evidence of that and no witnesses, then why repeat it? Maybe he had a gun at the scene and didn't have to go home to get it? Or maybe someone else shot him? All that reasonable doubt is there.

Or if the dude was shot to death, then where do the ballistic tests lead? Why couldn't they trace the bullets and any casings back to the gun owner?

[boozehound]

If there isn't actual evidence of that and no witnesses, then why repeat it? Maybe he had a gun at the scene and didn't have to go home to get it? Or maybe someone else shot him? All that reasonable doubt is there.

Or if the dude was shot to death, then where do the ballistic tests lead? Why couldn't they trace the bullets and any casings back to the gun owner?
I am just repeating what was in the houston media at the time. As I pointed out, there wasnt any tangible evidence, but its pretty clear the driver didnt shoot himself........

[MadeFromDust]

hmmmmm I don't see how that was ruled out either if there is no evidence. Real drunk, full of grief, shoots self, father steals the gun or removes it from the scene, etc.

[~primetime~]

hmmmmm I don't see how that was ruled out either if there is no evidence. Real drunk, full of grief, shoots self, father steals the gun or removes it from the scene, etc.
shot multiple times...

[DwnShft2Xcelr8]

Dude flew off the handle and should be in jail. He gets pissed over 2 little shits dying? Drunk dude did him a favor should have shook his hand

Easily one of the worst posters on this site. Not even remotely funny. Stick with that circle jerk you guys have going on in the BTE.

[dude77]

this was like a mafia style hit .. reminds me of when the guy who drove into and killed gotti's son 'disappeared' .. didn't really matter to them that it may have been an accident .. they just wanted the guy dead for killing their kid(s) .. in gotti's case, there was never any chance he was going to be tried for obvious reasons

[oarabbus]

Dude flew off the handle and should be in jail. He gets pissed over 2 little shits dying? Drunk dude did him a favor should have shook his hand

:facepalm .... just :facepalm

[KNOW1EDGE]

If you are familiar with the case you would know that there was no evidence or proof to convict him. No gun was retrieved, no forensic evidence etc etc

Can't convict someone without proof, evidence or an admision of guilt.