In 2012, 32-year-old David Barajas lost his two sons after a car fatally struck them on a rural road in Alvin, Texas. The boys were helping to push the family's truck which had run out of gas when the car struck them. They were only 50 yards from their home. Barajas' sons, 12-year-old David Jr. and 11-year-old Caleb, died.

20-year-old Jose Banda was behind the wheel of the vehicle that struck the boys and was allegedly intoxicated. Banda was also found dead at the scene, but from a gunshot wound. Grieving father, Barajas has been charged with murdering Banda minutes after the accident.

The trial will focus on the prosecutors' accusations of Barajas shooting Banda in the head. However, no weapons have been recovered, no witnesses have identified Barajas as the shooter, and many within the community are sympathizing with Barajas. He denies killing Banda.

Authorities alleged Barajas went home, retrieved a gun and went back to the crash site, where he shot Banda in the head. Neighbors have reported hearing gun shots minutes after the crash, and have identified Barajas as the man approaching the vehicle, but can not name him as the shooter. Toxicology tests did determine Banda had been driving while intoxicated, but investigators said moments after the crash, there had been no way to determine if the situation was alcohol related.

The problem surrounding the trail is if moral circumstances will influence jurors. It has happened before, back in June 2012, after a grand jury in Shiner would not charge a father who fatally beat a man who molested his 5-year-old daughter.

Barajas could face up to life in prison, if convicted of murder.


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