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Blog > Mark and Charlie's Blog > Jury acquits man charged with killing the drunk driver who ran over his two sons

Jury acquits man charged with killing the drunk driver who ran over his two sons

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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