Houston-area man, who shot a drunk driver for killing his sons, indicted for murder (Alvin: crime, how much)

[Zhang Fei]

From the Chron:

An Alvin father remained in the Brazoria County Jail Monday, charged with murder in the alleged revenge killing of a drunken driver who plowed into his truck, killing his two young sons last December.

David Barajas Sr., 31, a construction worker, is being held in lieu of $450,000 bail in the fatal shooting of 20-year-old Jose Inez Banda minutes after the Dec. 7 crash that claimed the lives of Barajas' 11- and 12-year-old sons.

"The whole incident is extremely tragic," said Brazoria County sheriff's lead investigator, Dominick Sanders. "The grand jury reviewed it and has indicted him for murder."

[marksmu]

I for one don't view that as murder. If I lived in Brazoria county I would want to be on that Jury. He would walk for sure. You kill my kids, I think a bullet might be too merciful.

[Dopo]

Most people seem to be fine with "revenge crimes".

Here's the problem with that... what if the person that claims it was for "revenge" is lying and made the whole story up?
I know it's not likely in this case, but it could easily happen.

[War Beagle]

Originally Posted by marksmu

I for one don't view that as murder. If I lived in Brazoria county I would want to be on that Jury. He would walk for sure. You kill my kids, I think a bullet might be too merciful.

Me too. Jury nullification is a beautiful thing.

[Zhang Fei]

Based on sobriety road blocks conducted on LI, lots of people drive drunk, but only a tiny minority are either arrested or get into trouble. The ones who get into accidents are the people who speed. Most drunks compensate for alcohol impairment by slowing down. The ones who don't occasionally get into accidents like this one. In vino veritas may work slightly differently than tradition would suggest, in that the aggressive get more aggressive, and the careful get more careful.

[LostInHouston]

It is murder, and that's why the grand jury indicted him. He hasn't helped his case by lying about the shooting and getting rid of the gun. Regardless, I doubt he is ever found guilty of murder.

[mtgmike]

I think we can all understand the emotion behind his revenge, but walking home, getting a gun, killing a guy and hiding the gun isnt temp insanity, or a crime of passion.

[bluelion_ms3]

I agree mtgmike. He had a lot of time to think about his actions before he went back to the scene... I think that will play a big roll in the trial.....now, had he had a concealed handgun license and shot him at the very moment of the accident, it would be a crime of passion and he wouldnt be charged with murder.... although I want this guy to be found innocent, I dont think itll happen.

[jeremy2788]

In the eyes of our justice system, he committed murder, so it actually worked this time. No matter what our personal opinions are or how much our emotions get involved.

[oceangaia]

Originally Posted by jeremy2788

No matter what our personal opinions are or how much our emotions get involved.

Unless you're on the jury. And based on the commentary on the chronicle, I see no way at all they are going to get 12 to convict. Passion does not mean instantaneous. A crime of passion does not have to occur within xx minutes nor does it have to mean incoherence. He just lost his sons in a horrific crash to a drunk driver. He may have been feeling all he had to live for was gone, that higher spirits were commanding him to not let that stand.

He will plea to a lesser charge and minimal sentence or probation, because if it goes to trial he will likely be acquitted. Google Ashley Paige Benton to see how a sympathetic jury can refuse to convict of murder.