Charlotte Criminal Lawyer Blog
Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “Is there more than one way for police to convict a DWI?”
A man who authorities said shot to death the drunk driver who killed his two sons has now left his home over fears of vigilante reprisals. The man, David Barajas, was pushing his stalled pickup truck along an Alvin, Texas road in December of 2012 with the assistance of his sons, ages 11 and 12, when 20-year-old Jose Banda plowed into them, killing the two boys.
911 calls made from the scene captured the sound of Banda’s shooting. Banda was killed instantly. Barajas fought to revive his boys until police arrived, and was covered in their blood when he was arrested.
Police charged Barajas with Banda’s murder; prosecutors alleged that Barajas killed Banda in a fit of rage. They alleged that Barajas went to his home—about 100 yards from the crash site—and retrieved a gun which he then used to shoot Banda. The gun was never found, and little physical evidence connected Barajas to Banda’s shooting. No witnesses saw Barajas shoot Banda, and gunshot residue tests performed on Barajas were negative. A search of Barajas’ home failed to turn up evidence linking him to Banda’s killing.
Barajas’ attorney, Sam Cammack, said Barajas didn’t kill Banda and was only focused on saving his two boys. Three witnesses for the State admitted that gunfire could be heard well after Banda had been shot, raising the possibility that the shooter was still at large. A Texas jury agreed, acquitting Barajas on Aug. 27.