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A justifiable murder?

Started by gussy, February 14, 2013, 09:44:27 PM

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gussy

QuoteDavid Barajas, Texas man, charged in fatal shooting of suspected drunk driver who killed his sons, authorities say

(CBS/AP) HOUSTON - Authorities said Monday that a Texas father was charged with murder in the fatal revenge shooting of a suspected drunk driver who killed two of his children in a car crash, CBS Houston reports.

David Barajas, 31, and his sons, 12-year-old David Jr. and 11-year-old Caleb, were about 50 yards away from their Houston-area home on Dec. 7, 2012 when a car crashed into them. David Jr. died at the scene, while Caleb died later at a hospital.

Barajas suffered non-life-threatening injuries, according to CBS Houston. His wife, Cindy, was in the truck when it was hit, along with the couple's 8-year-old daughter and 3-month-old son.

Barajas was driving with his family when their truck broke down near Alvin, about 30 miles southeast of Houston. He and his two sons attempted to push the truck when 20-year-old Jose Banda rear-ended their vehicle, CBS Houston reports.

The Brazoria County Sheriff's Department said Banda was intoxicated at the time of the crash. His blood alcohol concentration was reportedly at 0.175, above the legal limit, according to the station.

Neighbors said they heard gunshots minutes after the crash and Banda was later found shot in the head. He was flown to a medical center where he died of his injuries, CBS Houston reports. His death was ruled a homicide.

Brazoria County sheriff's investigator Dominick Sanders said Monday that witnesses told authorities they saw Barajas walk to his home right after the crash and then return a few minutes later and approach Banda's vehicle. Evidence showed one shot was fired, Sanders said.

"Every time we would pursue a lead, it always came back to Mr. Barajas," Sanders said. "We have numerous statements placing him there at the car in close proximity to the victim at the time the gunshot was fired."

Barajas was indicted for murder Friday and turned himself in Sunday. He was held Monday in the Brazoria County Jail on a $450,000 bond.

A search of Barajas' home found ammunition that is consistent with the bullet that killed Banda, but authorities have not located the weapon used in the shooting, Sanders said. He added that the case is "going to be much more difficult if we don't have a weapon."

Gunshot residue tests were done on both Barajas and Banda, and authorities are still waiting for those results, Sanders said.

Investigators also are awaiting DNA test results of some "biological material" that was found at the scene. Sanders declined to elaborate on the material that is being tested.


//http://www.cbsnews.com/8301-504083_162-57568871-504083/david-barajas-texas-man-charged-in-fatal-shooting-of-suspected-drunk-driver-who-killed-his-sons-authorities-say/

If I were on the jury, I don't think I could convict the guy.  If anything, he was humane about it by giving him two head shots.

The Dude

I think life in prison is worse than death. That's why I'm anti-capital punishment. It's not bad enough.

buttfinger

Justifiable?  Yes.  Would i nullify the jury if I were on it?  Yes.  Was it illegal and not LEGALLY justifiable?  Yes.  Would the jury be right to convict him based on the law alone?  Yes.

_Xenu_

I cant say this makes me sad. Vigilantism serves the greater good sometimes, especially when it comes to child molesters.
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buttfinger

That guy will certainly never drive drunk again.

PapaSmurf34

Not justifiable at all. Obviously the father could not have known what the BAC of the driver was when he shot him. For all the father knew the man could have been a diabetic and had a low blood sugar which can imitate the effects of being drunk. The father was in a fit of rage and although I sympathize with him and can see why he would have done it he was not justified, at least in any legal sense, in shooting the driver.

_Xenu_

To expect some other reaction is inhuman. This father watched two of his children die  and the guy who did it was trapped right in front of him. What other reaction could be expected? I have to admit, I don't think I could have shown much more restraint in a similar situation.
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Poison Tree

If the guy had just whipped out a gun and shot, then I could see temporary insanity. But walking home, arming yourself, going back, then shooting a guy? That's starting to sound long enough to be per-meditated. I can't say what I would have done in his place (It is not a situation I can honestly place myself in), but as a nation of law and order he needs to be tried and "I would have wanted revenge, too" cannot be a sufficient defense.
"Observe that noses were made to wear spectacles; and so we have spectacles. Legs were visibly instituted to be breeched, and we have breeches" Voltaire�s Candide

Thumpalumpacus

Understandable, but not justifiable.
<insert witty aphorism here>

Bobby_Ouroborus

Quote from: "_Xenu_"I cant say this makes me sad. Vigilantism serves the greater good sometimes, especially when it comes to child molesters.

Vigilantism is a breakdown of the social order...no good can come of it.

Plu

Drunk drivers who cause this kind of situation deserve to be shot. Hell, all drunk drivers should be shot. Not like this, but unfortunately it's probably not going to happen otherwise.

I really can't blame the guy, even though he should be legally charged, because (as stated above) just because it was justified in hindsight doesn't mean it was justified up front.

buttfinger

Quote from: "Bobby_Ouroborus"Vigilantism is a breakdown of the social order...no good can come of it.
Social order is the cradle of tyranny and unilateral injustice.

Mathias

It may seem a cliche, but I think there is no feeling worse than losing a child, two is unthinkable!!!
Because this was a premeditated crime, he should be condemned, but the punishment of losing two children at once, should be taken into consideration as extenuatory.
"There is no logic in the existence of any god".
Myself.

Horsefly

It's justifiable from the father's point of view. This guy killed 2 of his sons through making a stupid and selfish mistake.

It's not justifiable from our point of view. It's part of a civilized society's job to mediate serious crimes and disputes. This guy needs to be punished, otherwise vigilantism will be seen as ok and more of these scenarios will start popping up.

SilentFutility

Quote from: "PapaSmurf34"Not justifiable at all. Obviously the father could not have known what the BAC of the driver was when he shot him. For all the father knew the man could have been a diabetic and had a low blood sugar which can imitate the effects of being drunk. The father was in a fit of rage and although I sympathize with him and can see why he would have done it he was not justified, at least in any legal sense, in shooting the driver.
In which case you should absolutely not drive. If you are diabetic and are halfway towards a diabetic coma your ability to drive is definitely impaired. If you have any medical condition which has the same symptoms of drunkenness you are not fit to drive and by doing so you are being irresponsible and risking not only your own life, but the lives of others around you.

Quote from: "Horsefly"It's justifiable from the father's point of view. This guy killed 2 of his sons through making a stupid and selfish mistake.
The thing is though, driving drunk isn't a mistake. It is a decision that your convienience of getting where you want to go easily without having to walk, take a taxi or take public transport is more important than the lives of everybody you're endangering by driving drunk/high. It is an abhorrent thing to do and it isn't an accident, it is simply just not caring that you're risking killing someone's wife/brother/son/girlfriend/daughter so that you can get home more quickly.