Jury Finds Man Not Guilty in Shooting Death of Drunk Driver

ByGINA SUNSERI ABCNews logo
Thursday, August 28, 2014

A jury returned a verdict of not guilty today for a Texas father accused of the shooting death of a drunk driver who killed his two sons.

David Barajas was accused of fatally shooting 20-year-old Jose Banda in December 2012 after Banda plowed into a vehicle that Barajas and his two sons had been pushing on a rural road in Alvin, about 30 miles southeast of Houston.

The Barajas family broke into tears in the courtroom today while Jose Banda's family sat in stunned belief.

"I am relieved but still in pain. My two boys are dead and nothing will bring them back," Barajas said in a post decision news conference.

David Jr., 12, and Caleb, 11, were killed in the accident.

A visibily angry District Attorney Jeri Yenne said prosecutors "would never present a case against a person we did not believe was guilty."

"Three sons were lost that day. The Barajas children and the Banda son," Yenne said.

If Barajas had been convicted, he faced a potential life sentence.

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