Police: Dad fatally shot DUI driver who struck, killed sons with car

David Barajas, 31, has been charged with murder

February 11, 2013 12:27:47 PM PST
A father whose two sons were killed when they were struck by a car is now charged in the DUI driver's death.

On December 7, 2012, at about 11:30pm, David Barajas was traveling on County Road 144 in Brazoria County with his family when their truck broke down. Barajas and his two sons, David, 12, and Caleb, 11, were pushing the truck when a car rear-ended their vehicle.

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 that 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 on $450,000 bond.