Jury Acquits Texas Man In Death Of Driver Who Killed His Sons

David Barajas, Sr., with his wife and two sons. (File photo)

ANGLETON (August 27, 2014) Jurors Wednesday in Angleton returned a not guilty verdict in the murder trial of David Barajas, Sr., who was charged in the shooting death of a suspected drunken driver whose car struck and killed Barajas’ two young sons.

Barajas cried when the verdict was read Wednesday.

He could have been sentenced to as much as life in prison had he been convicted.

Prosecutors alleged that Barajas killed Jose Banda, 20, in a fit of rage after Banda’s car plowed into Barajas and his sons while they were pushing a broken down pickup on a road near their hometown of Alvin.

The two boys, David, Jr., 12, and Caleb, 11, were killed.

But defense attorney Sam Cammack said 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.

Witnesses heard gunshots three minutes after the first 911 call about the accident, authorities said.

Banda was found in the car with a gunshot wound to the head.

He later died at a hospital.