Dad acquitted in slaying of driver who killed sons

jkcerda

macrumors 6502a
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http://news.yahoo.com/texas-road-rage-murder-case-coming-close-132319303.html
Texas (AP) — A jury on Wednesday 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.

Defense attorney Sam Cammack said Barajas didn't kill Banda and that he 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.

A visibly relieved Barajas told reporters following the verdict that he hopes to move forward with his life and find closure.

"This was a loss for everybody. Not only did I lose my two sons, they lost a son, too," said Barajas, referring to the Banda family

Legal experts said prosecutors would likely have to overcome jury sympathy for Barajas, who had the support of many residents of Alvin, which is about 30 miles southeast of Houston. Further complicating their case was that there were no witnesses who identified Barajas as the shooter and gunshot residue tests done on Barajas came back negative
wow, guy almost got nailed on very little evidence
 

rdowns

macrumors Penryn
Jul 11, 2003
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From your article

Investigators testified that a bullet fragment found in Banda's car could have come from a .357-caliber gun, and that ammunition for such a gun was found in Barajas' home, along with a holster. Cammack said his client never owned a gun and that tests showed the bullet fragment also could have come from another weapon.

A forensic scientist testified that blood found on the driver's side door and driver's arm rest of Banda's car was consistent with that of Barajas.
Doesn't sound too kosher to me. Do people usually have ammunition and a holster when they don't own a gun?
 

jkcerda

macrumors 6502a
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From your article



Doesn't sound too kosher to me. Do people usually have ammunition and a holster when they don't own a gun?
yes, if you borrow guns that are not yours you can have ammo & assorted goods for it, I have 200 rounds of .40 cal left over from the guns I sold, I had a few holsters for them as well, I recently bought a 9mm & a .45 , I had ammo for BOTH of them & no guns to shoot it out of. I have like 4 sleves (100 rds) of 20 ga with no shotgun for it as well & some 7.62 x 39.
 

samiwas

macrumors 68000
Aug 26, 2006
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Wait....so the "real" story is that Banda crashed into Barajas and his two sons, 100 yards from Barajas's home, and there was ammunition and a holster consistent with bullet fragments found in the car. But it was someone else who ran out, shot Banda, then disappeared?

Yeah, that sounds like a perfectly reasonable explanation.
 

Southern Dad

macrumors 68000
May 23, 2010
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Shady Dale, Georgia
This sounds like a case where the prosecutor brought the case to court before he/she had done enough work to be sure that he could get the conviction. Since he/she only gets one shot at it, the father can stand on the courthouse steps and declare he did it... NO one can do anything about it.

He probably did it. But the state failed to prove it.
 

jkcerda

macrumors 6502a
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Wait....so the "real" story is that Banda crashed into Barajas and his two sons, 100 yards from Barajas's home, and there was ammunition and a holster consistent with bullet fragments found in the car. But it was someone else who ran out, shot Banda, then disappeared?

Yeah, that sounds like a perfectly reasonable explanation.
did you read the article?
Cammack spent most of his closing argument earlier Wednesday trying to knock down the prosecution's evidence. He said tests showed the bullet fragment found in Banda's car could have also come from another weapon besides a .357-caliber gun. He said the blood found on Banda's car that came from Barajas was spilled when Barajas was attacked by Banda's cousin and half brother, who witnessed the crash but later told investigators they fled the scene.

Cammack also suggested that Banda's cousin or half brother could have been responsible for the shooting. Banda's cousin and half brother testified they did not shoot Banda. Cammack also told jurors that a search of Barajas' home failed to find any evidence that directly linked him to the crime scene.
WHY did those "cousins" fled the scene? how come those "cousins" did not witness the shooting? no powder residue on Barajas.
 

rdowns

macrumors Penryn
Jul 11, 2003
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So now we've come to the part where everyone chooses their side and argues **** they know little to nothing about.
 

citizenzen

macrumors 65816
Mar 22, 2010
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did you read the article?


WHY did those "cousins" fled the scene? how come those "cousins" did not witness the shooting? no powder residue on Barajas.
Why did the cousins flee the scene? Do you really have to ask that question?

The answer is, they were probably drunk or high, had just been at fault in a double-fatal car accident, and watched an enraged man march into his house, get a gun and execute the driver with a shot to the head.

Under those circumstances, I think I'd flee too.


Even if he did do it. Good.
He executed a man.

How you can see that as "good" is beyond me.
 

cfedu

Suspended
Mar 8, 2009
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He executed a man.

How you can see that as "good" is beyond me.
It's not good, but I could not fault him either. I don't think it was murder as he must have been in greet shock! They should pleaded to a lessor crime and given him probation.
 

jkcerda

macrumors 6502a
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1.Why did the cousins flee the scene? Do you really have to ask that question?

2.The answer is, they were probably drunk or high, had just been at fault in a double-fatal car accident, and watched an enraged man march into his house, get a gun and execute the driver with a shot to the head.

Under those circumstances, I think I'd flee too.




He executed a man.

How you can see that as "good" is beyond me.
1. yes, neither one reported seeing barajas have a gun.

2 again, try reading the article

. He said the blood found on Banda's car that came from Barajas was spilled when Barajas was attacked by Banda's cousin and half brother, who witnessed the crash but later told investigators they fled the scene
the cousins witnessed the crash, no where does it state that they were in the car with the deceased.

there were no witnesses who identified Barajas as the shooter, and gunshot residue tests done on Barajas came back negative.

The defense attorney also used 911 calls to create a timeline that suggested Barajas would not have had enough time to shoot Banda.


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So now we've come to the part where everyone chooses their side and argues **** they know little to nothing about.
things are as simple as reading the article & seeing what evidence was presented, everyone thought O.J did it, yet the gloves did not fit & the blood was smeared on his socks :eek:
 

citizenzen

macrumors 65816
Mar 22, 2010
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1. yes, neither one reported seeing barajas have a gun.

2 again, try reading the article
I've read articles.

I did not see the cousins' testimony or eyewitness accounts.

If you know of a source, please share.

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If a drunk driver killed my kid I wouldn't need a gun and would gladly go to jail.
How would you know they were intoxicated?

Are you an advocate of shooting first and breathalyzing later?
 

jkcerda

macrumors 6502a
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I've read articles.

I did not see the cousin's testimony or eyewitness accounts.

If you know of a source, please share.

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How would you know they were intoxicated?
You are the one who claimed
and watched an enraged man march into his house, get a gun and execute the driver with a shot to the head.
did you read. That somewhere? Or was it simply your opinion on what you think happened?
 

citizenzen

macrumors 65816
Mar 22, 2010
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You are the one who claimed did you read. That somewhere? Or was it simply your opinion on what you think happened?
Yes. That's my most likely scenario.

It is possible that the cousins dashed off the moment after the accident happened.

But I'm more likely to believe that in the less than two minutes that transpired after the accident (according to a articles I've read) that they hung around long enough to see what transpired. If it were just a horrible accident, and their cousin was injured in the front seat, I have to believe they'd have stuck around.

However, if there were instead an enraged, gun-wielding man who just executed your cousin point-blank, I can see where the motivation to flee might come from.
 

jkcerda

macrumors 6502a
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Yes. That's my most likely scenario.

It is possible that the cousins dashed off the moment after the accident happened.

However, I'm more likely to believe that in the less than two minutes that transpired after the accident (according to a articles I've read) that they hung around long enough to see what transpired. If it were just a horrible accident, and their cousin was injured in the front seat, I have to believe they'd had stuck around.

However, if there were an enraged, gun-wielding man who just executed your cousin point-blank, I can see where the motivation to leave would come from.
They had time to beat up the dad, at least per the initial article posted , that article does not mention the cousins seeing Barajas pull the trigger or even have a gun. Had the cousins witness anything it would have been a slam dunk for the prosecution . Wonder if the wife was tested for powder residue?
 

citizenzen

macrumors 65816
Mar 22, 2010
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They had time to beat up the dad, at least per the initial article posted , that article does not mention the cousins seeing Barajas pull the trigger or even have a gun. Had the cousins witness anything it would have been a slam dunk for the prosecution . Wonder if the wife was tested for powder residue?
No article that I've read has said anything about the father being beaten up.

Please share your source.
 

jkcerda

macrumors 6502a
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No article that I've read has said anything about the father being beaten up.

Please share your source.


Article linked on post 1. Try reading that article. From there
Cammack spent most of his closing argument earlier Wednesday trying to knock down the prosecution's evidence. He said tests showed the bullet fragment found in Banda's car could have also come from another weapon besides a .357-caliber gun. He said the blood found on Banda's car that came from Barajas was spilled when Barajas was attacked by Banda's cousin and half brother, who witnessed the crash but later told investigators they fled the scene.
 

jkcerda

macrumors 6502a
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Okay. So you believe the lawyer's story.

I'd suggest that you consider that he was paid to tell it.
Lawyers & prosecutors are both experienced liars. Prosecution in this case appeared to have nothing but motive & no actual evidence. Cousins were there , cousins witness's crash & assaulted the dad, no gun at scene, no one saw the man pull the trigger & no powder residue on the man. At what point do YOU start to think that maybe, just MAYBE someone else did it? Cousins maybe? Stupid drunk teens playing with a gun & accidentally killing their cousin. Mighty convenient for them to flee the scene after assaulting the man
 

citizenzen

macrumors 65816
Mar 22, 2010
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Lawyers & prosecutors are both experienced liars. Prosecution in this case appeared to have nothing but motive & no actual evidence. Cousins were there , cousins witness's crash & assaulted the dad, no gun at scene, no one saw the man pull the trigger & no powder residue on the man. At what point do YOU start to think that maybe, just MAYBE someone else did it? Cousins maybe? Stupid drunk teens playing with a gun & accidentally killing their cousin. Mighty convenient for them to flee the scene after assaulting the man
Based on?

Oh, yeah ... the dad's lawyer.

Good source.

Totally unbiased.
 

jkcerda

macrumors 6502a
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Jun 10, 2013
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Based on?

Oh, yeah ... the dad's lawyer.

Good source.

Totally unbiased.
Who won? Oh yeah the dads lawyer. Did the prosecution dispute the assault by the cousins?

The dad's blood WAS found in the vehicle. WHY the hell would he waste his time going to the house. Getting a gun, finding a way to fire the gun WITHOUT getting any powder residue on him, get rid of the gun as well when he could have simply chocked the kid to death first? The ONLY thing the prosecution has is motive.