published Wednesday, August 27th, 2014

Texas dad acquitted in slaying of driver who killed sons

This undated photo provide by the Barajas family shows from left, Cindy Barajas, Jenessah Barajas, Caleb Barajas, David Barajas and David Barajas Jr. Caleb and David Jr. were killed during a Dec. 7, 2012, accident near their home in Alvin, Texas, as the boys and their father were pushing their truck on a rural road after it had broken down.
This undated photo provide by the Barajas family shows from left, Cindy Barajas, Jenessah Barajas, Caleb Barajas, David Barajas and David Barajas Jr. Caleb and David Jr. were killed during a Dec. 7, 2012, accident near their home in Alvin, Texas, as the boys and their father were pushing their truck on a rural road after it had broken down.
Photo by Associated Press /Chattanooga Times Free Press.

ANGLETON, Texas — A jury has acquitted a southeast Texas man of murder in the fatal shooting of a drunken driver who had just caused an accident that killed the man's two sons.

David Barajas (bah-RAH'-hahs) cried when the verdict was read Wednesday. He faced up to life in prison, if convicted.

Prosecutors had alleged that Barajas killed 20-year-old Jose Banda in a fit of rage after Banda plowed into Barajas and his sons while they were pushing a vehicle on a road near their hometown of Alvin. Twelve-year-old David Jr. and 11-year-old Caleb were killed.

Defense attorney Sam Cammack (cah-mack) says Barajas didn't kill Banda and was only focused on saving his sons. The gun used to kill Banda wasn't found and there was little physical evidence tying Barajas to the killing.

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