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A father has been charged with murder on Friday after allegedly shooting a drunk driver moments after he plowed into his truck killing his two young sons.

David Barajas, 31, and his sons, 12-year-old David Jr. and 11-year-old Caleb, were about 50 yards from their Houston-area home when a car crashed into them on a dark rural road.

David Jr. died at the scene, while Caleb died later at a hospital.

Neighbors said they heard gunshots minutes after the Dec. 7 crash near Alvin, about 30 miles southeast of Houston.

Jose Banda, the 20-year-old driver who hit the boys, was later found shot in the head. His death was ruled a homicide.

Investigators believe Banda had been drinking before the crash, and they're awaiting the results of blood tests on him.

At a funeral service for the two boys, family and friends spoke of the brothers' love of sports and their family.

Their uncle, Gabriel Barajas, said David and Caleb were ‘inseparable’ and ‘playful.’ Caleb's nickname was the ‘Big C’ and Gabriel Barajas said both boys were big fans of the Houston Texans. Many of those at the service wore Texans jerseys in honor of the boys.

The tragedy unfolded just after 11pm when the Barajas’ family car ran out of gas along County Road 144 about 30 miles from Houston, 

Caleb and David were helping push their father’s stalled truck when a car driven by 21-year-old Jose Banda slammed into the vehicle from behind.



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David Barajas is facing life in prison for a crime many Texas parents have said they too might have committed given the same horrific circumstance.

"They charged the guy with murder, you know. He watched his children die that night," Sam Cammack, Barajas' attorney.

On a dark December night last year near Alvin, the Barajas family truck ran out of diesel just a few hundred yards from home.

12-year old David and 10-year old Kaleb were helping their Dad push the pickup when a speeding Chevy Malibu struck with life-ending force.

"All of a sudden the father goes flying through the air. There's an explosion. When he gets up off the ground he hears one of his boys yelling for his Mommy. This child's legs were severed. He couldn't find the other boy. He was looking around in a panic to find the other boy. The other boy was probably 50 feet away in the ditch. He was not dead at that time, but was definitely not conscious and then everything kind of went black after that for Mr. Barajas," said Cammack.


Read more: http://www.myfoxhouston.com/st...mpathy#ixzz2h5zTu7tR

It's my understanding that under Texas law, the worst the driver could have gotten is a 10k fine and 2 to 20 years in prison. I think it's a shame that the father could end up with life over this, doesn't seem very fair at all. Anyway, I would hope that a decent attorney will be able to get him off with something along the lines of temporary insanity or something, I believe that even the most reasonable person could understandably loose it after witnessing such a horror being inflicted on his children.

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