I am Torn About These Murder Charges

[Aurora]

Story Here

ALVIN, TX (KTRK) -- A father who lost his two young sons in a traffic accident has now been charged with killing the driver responsible.



One boy died at the scene, and the other was flown to a hospital in the medical center, where he was pronounced dead. Barajas suffered non life threatening injuries.

Jose Banda, the driver of the car which crashed into the family's pickup truck, was shot once in the head and was also flown to the medical center, where he later died of his injuries. Banda, 20, was determined to be intoxicated at the time of the crash, with a blood alcohol concentration of 0.175, according to the Brazoria County Sheriff's Department.

Officials say witnesses saw Barajas walking away from the scene of the accident and towards his nearby home, shortly after the crash. Those witnesses also reported David Barajas return to the scene and approach Banda's car when the gunshots were fired.

Investigators say they found a handgun holster and ammunition inside the Barajas home, no firearms were found.

Barajas, 31, has been charged with murder in the death of Jose Banda. He was arrested and processed through the Brazoria County Detention Center

[OnlyOneOklahoma]

You can't just go around shooting people who run into your car. This is pretty straightforward.

[smot poker]

The police should botch the investigation and violate his constitutional rights. They'd have to throw the case out.

[10bird]

He should plead temporary insanity.

[Julz]

Make the jury watch "Time to Kill" to help reinforce his temporary insanity plea. Honestly I can't blame the guy.

[stev]

URSORYTE! they should just let the guy go - silly cops all gettin' in the way

[LVSOONER15]

Wierd way for all that **** to go down. I think he can play the passion of the crime card and get a lesser sentence. Pretty sad when the drunk lives and the innocent die, especially when they are young.

[beelzeBob]

Story Here

So, your cool with murder for revenge?

[ImTheDude]

Can't say I wouldn't do the same thing if some drunk killed my two sons in front of me.

[smot poker]

I don't care that he was drunk, I just hate bad drivers.

[mgsooner]

YES HE DESERVED TO DIE AND I HOPE HE BURNS IN HAIL!!!!!!!!!!

[MikeLucky]

My guess is the father probably doesn't really care that he's going to prison...

[smot poker]

My guess is the father probably doesn't really care that he's going to prison...

Maybe not now, but when he realizes his sons would be very sad to see him locked up, he will change his mind.

[Bruno Gianelli]

It would appear this is a 1st degree murder charge. I would presume there will be an alternative conviction option should this see a jury.

But he had a big problem - he left the scene, went home, grabbed his pistol, walked back to the scene, and killed a guy. That is a tough heat of passion defense.

[Aurora]

So, your cool with murder for revenge?

no but as a parent I can see where one could go loose canon and shoot a drunk ****er who killed his kid with his car.

[DIB]

I understand what he did. I would likely do the same thing. He should go to prison for murder. Revenge is not a justification for murder in the eyes of the law. Though 2nd degree murder seems like a more fitting charge than first.

[KCRuf/Nek]

no but as a parent I can see where one could go loose canon and shoot a drunk ****er who killed his kid with his car.

So you get sad over bent blades of gr**** and falling leaves but you condone this? It's like the father that kills the person that molested his kid. Now not only is the kid ****ed up from being molested but his dad is in prison.

Seeing what I see here if I was on the jury I'd convict. Hate to agree with OOO but you have to let the system run its course. And forget insanity and grief defenses. Any shred of evidence of planning and that goes out the window.

[keefsmangledfingers]

I understand what he did. I would likely do the same thing. He should go to prison for murder. Revenge is not a justification for murder in the eyes of the law. Though 2nd degree murder seems like a more fitting charge than first.

If revenge isn't a justification for killing someone then what is?

[ImTheDude]

If revenge isn't a justification for killing someone then what is?

Spite

[smot poker]

If revenge isn't a justification for killing someone then what is?

It's okay if the state kills you for rehabilitation, but not for revenge.

[OnlyOneOklahoma]

Spite

This made me chuckle.

[Stinger_1066]

So you get sad over bent blades of gr**** and falling leaves but you condone this? It's like the father that kills the person that molested his kid. Now not only is the kid ****ed up from being molested but his dad is in prison.

Seeing what I see here if I was on the jury I'd convict. Hate to agree with OOO but you have to let the system run its course. And forget insanity and grief defenses. Any shred of evidence of planning and that goes out the window.

It needs to go to trial and let a jury of his peers decide his punishment. If I were on the jury I would vote to acquit.

[Aurora]

Being torn doesn't mean I think murder is fine, it just means I can see his side, I can see a reason, it doesn't mean I think it is fine. Personally I think a jury of his peers is the best thing for him.

[OnlyOneOklahoma]

It needs to go to trial and let a jury of his peers decide his punishment. If I were on the jury I would vote to acquit.

Why? A citizen does not have the right to murder people for damaging their property.

If it is correct that he walked home, got a gun, walked back and shot the other driver, then it is obviously 1st degree murder.

[DIB]

If revenge isn't a justification for killing someone then what is?

****gotry?

[keefsmangledfingers]

Why? A citizen does not have the right to murder people for damaging their property.

If it is correct that he walked home, got a gun, walked back and shot the other driver, then it is obviously 1st degree murder.

What is your take on an acceptable amount of time for one to kill a person and still claim temporary insanity or heat of the moment, etc?

[Aurora]

Why? A citizen does not have the right to murder people for damaging their property.

If it is correct that he walked home, got a gun, walked back and shot the other driver, then it is obviously 1st degree murder.

I don't consider killing my kid with a truck to be damaging my property ...just saying

[Cisco]

I would hate to be on that jury.

[OnlyOneOklahoma]

What is your take on an acceptable amount of time for one to kill a person and still claim temporary insanity or heat of the moment, etc?

Depends on if it was a thought out deal. That pharmacist got what he deserved and he went and reloaded his gun.

Seems pretty apparent that the guy knew what he was doing.

[smot poker]

What is your take on an acceptable amount of time for one to kill a person and still claim temporary insanity or heat of the moment, etc?

I think 6 months is sufficient time to compile a rockyesque montage, complete with weight lifting and running up mountains.

[keefsmangledfingers]

Smot > ooo

[OnlyOneOklahoma]

I don't consider killing my kid with a truck to be damaging my property ...just saying

Still doesn't give you the right to kill someone for wrecking into you.

[Bruno Gianelli]

What is your take on an acceptable amount of time for one to kill a person and still claim temporary insanity or heat of the moment, etc?

Time isn't the only factor

[Bk2X]

Silly mexicans.

[oucub23]

Still doesn't give you the right to kill someone for wrecking into you.

It's not for 'wrecking into you.' It's for the death of his children. Quit being intentionally obtuse. And you're right--it's not okay to do what he did. Vengeance isn't a defense.

[Aurora]

Still doesn't give you the right to kill someone for wrecking into you.

nope but it isn't like the guy just ran into his "property" and damaged it... Killing someone for hitting your broke down truck leaves you with no real heat of passion defense ... running over your child and killing him well child =/= truck ...or maybe it does to you.

[Aurora]

It's not for 'wrecking into you.' It's for the death of his children. Quit being intentionally obtuse. And you're right--it's not okay to do what he did. Vengeance isn't a defense.

it is not a defense but as I said I can see his side.

[stev]

Aurora, why do you like murderers?

[bushmaster06]

no but as a parent I can see where one could go loose canon and shoot a drunk ****er who killed his kid with his car.

But he didn't. He went home, got his gun, and executed the dude.

[Aurora]

Aurora, why do you like murderers?

Yes I love murderers ... Baby murderers, adult murderers ...all the murderers ...hooray for the murderers

[smot poker]

Yes I love murderers ... Baby murderers, adult murderers ...all the murderers ...hooray for the murderers

but don't forget the murderees, without them there would be no murderers.

[Aurora]

But he didn't. He went home, got his gun, and executed the dude.

True he should have just beat him to death right there with an object out of his truck then everyone would say "oh he was defending his kids in the heat of the moment" but he should have had plenty of time to get over his dead kid on his walk home.

[OnlyOneOklahoma]

Yes I love murderers ... Baby murderers, adult murderers ...all the murderers ...hooray for the murderers

You are OK with this guy murdering someone. What good did becoming a killer do for the guy being charged?

[Aurora]

but don't forget the murderees, without them there would be no murderers.

Viva la Chicago?

[stev]

Yes I love murderers ... Baby murderers, adult murderers ...all the murderers ...hooray for the murderers

Whoa. I had nooooooo idea you were so heartless

[DIB]

True he should have just beat him to death right there with an object out of his truck then everyone would say "oh he was defending his kids in the heat of the moment" but he should have had plenty of time to get over his dead kid on his walk home.

He would have had a much better legal defense, if he had done so.

[Aurora]

You are OK with this guy murdering someone. What good did becoming a killer do for the guy being charged?

I don't know maybe he feels good knowing the SOB that killed his kids is dead, maybe he is fine with it because maybe he felt it was better justice for them than waiting on a trial for the drunken ****hole who ran over his kids to get some probation time... I never said I am OK with it I said I see his side...big difference. I am not leading the charge to get the charges dropped I am just torn with the idea of first degree murder in his case.

[Aurora]

Whoa. I had nooooooo idea you were so heartless

hell yes **** all those murderees

[OnlyOneOklahoma]

I don't know maybe he feels good knowing the SOB that killed his kids is dead, maybe he is fine with it because maybe he felt it was better justice for them than waiting on a trial for the drunken ****hole who ran over his kids to get some probation time... I never said I am OK with it I said I see his side...big difference. I am not leading the charge to get the charges dropped I am just torn with the idea of first degree murder in his case.

Unfortunately for that guy, he is not the Justice maker in society. I hope he enjoys sitting in jail for 20+ years.

[smot poker]

Having his 11 and 12 year old sons push his truck along a highway at 11:30pm was his first bad decision.