David Barajas, the father of two children who were mowed down by a drunk driver while helping to push their family car down a road after it ran out of gas, has been found not guilty in a Texas court.
The father was on trial for murder after being accused of shooting and killing the drunk driver, 20-year-old Jose Banda, after he ran over and killed Barajas’ two sons aged 12 and 11.
David Barajas, 32, and his family broke down in tears as the decision was read in court in Angleton, Texas on Wednesday. It had taken the jury just three hours to reach their decision.
‘I am relieved but still in pain,’ Barajas said after the verdict. ‘My two boys are dead and nothing will bring them back.’
The prosecutors had claimed that Barajas went to his home to retrieve a firearm to kill Banda with after being overcome with anger after his sons were killed. However, the didn’t find any gunpowder residue on Barajas’ hands and did not have any witnesses to the shooting that could identify Barajas as the shooter.
The firearm used in the shooting was also never found.
The prosecutors also had another hurtle to clear; negating sympathy that the jurors might show for Barajas because he lost his sons in such a senseless and avoidable manner.
If he had been convicted, he would have faced life in prison.
