Father charged with "headshot" killing of drunk driver that killed his 2 sons

[sixone]

again blood alcohol test can only proof that you were driving above the legal limit not that you are drunk.

Visual observation like bloodshot eyes not stable on their feet is little rhyme arresting officers learned to describe a drunk person. Until they came out with the baby defense.

No I am not drunk. Been investigating driving under the influence cases for almost 10 years now. I can tell you the precise procedure onward must follow if one gets arrested. You only have 4 hours to get him to a doctor.

And yet, you can't spell the word "prove". I take leave to doubt your claims.

The evidence shows that the cars driver was DRUNK - legally and factually. http://www.chron.com/news/houston-texas/houston/article/Alvin-dad-accused-of-driver-s-revenge-killing-4269065.php

Tests showed Banda's blood alcohol was twice the legal limit when his Chevrolet Malibu rear-ended the Barajas' family's Ford 250 truck that had run out of gas on an unlit county road near Alvin, investigators said. The inebriated driver failed to swerve or even apply his brakes before plowing into the truck and crushing Barajas' sons, David Jr., 12, and Caleb, 11.

 

[Doppel]

It was wrong, but not super duper wrong. I'd say slap him on the wrist over it.

 

[MomentsofSanity]

I'd love to hear what Mr. Baja's reaction would have been if the "drunk" driver turned out to just be a guy who had a heart attack at the wheel and crashed into them or something like that.

So many possibilities there.

That was my first thought as well. So many singing praises for just going vigilante and killing the guy. What if it was a medical condition. Does he deserve to die at that point? Because until a breath test was done the shooter could not have possibly known the guy was over the legal limit.

 

[MomentsofSanity]

http://abclocal.go.com/ktrk/story?section=news/local&id=8988719

And he could probably smell it on him.

So he performed a blood alcohol test at the scene first? Did he examine his clothes to see if he worked at a bar and perhaps had alcohol spilled on him?

 

[Lounatik]

Ive told my wife on numerous occasions that if i get in a wreck with my kids in the car and its the result of some asshole driving reckless or drunk, to get the deed to the house to bail me out of jail, because i will send the shit to the hospital.

This guy did the right thing. The drunk would have spent what, 5-10 years in jail and then what? He's 25-30 and would have had his whole life in front of him, while the poor bastard buries his kids and has that lovely memory burned into his brain for the rest of his life and gets to see the murderer go free. Justice was served. Texas style.


Peace


Lounatik

 

[Nintendesert]

This thread is great at showing us all who else on these forums drives drunk and expects others to get out of their fucking way.

 

[Paladin3]

https://www.facebook.com/RipJoseInesBandaJr <---Family and friends of the drunk driver calling the dad a murderer and screaming for justice.

 

[boochi]

This is calculated murder, plain and simple. The shooter knew the consequences of his actions and should spend the next 30 years in prison for it. The driver was just a kid who made a very bad mistake and he would have spent the next 4-20 years in prison for it. Do you honestly believe the driver intended to kill people that night? The shooter sure did.

 

[surfsatwerk]

Ive told my wife on numerous occasions that if i get in a wreck with my kids in the car and its the result of some asshole driving reckless or drunk, to get the deed to the house to bail me out of jail, because i will send the shit to the hospital.

This guy did the right thing. The drunk would have spent what, 5-10 years in jail and then what? He's 25-30 and would have had his whole life in front of him, while the poor bastard buries his kids and has that lovely memory burned into his brain for the rest of his life and gets to see the murderer go free. Justice was served. Texas style.


Peace


Lounatik

I'd call 911 and perform 1st aid until help arrived.

 

[BTRY B 529th FA BN]

awe the guy had a medical condition, but don't mind that your immediate family members were just crushed to where their brains were splattering on the back side of your bumper and their head is as flat as a pizza by said person with medical condition, lets feel sorry for that guy because he/she had a medical condition while the rest of the nation plays the system, let alone that wow the person was driving under a less conscientious state of mind so i guess that's the whole world's fault

imo it's a clear cut case of adrenaline pumping temporary insanity, while the driver chose to be temporarily intoxicated

 

[Paladin3]

This is calculated murder, plain and simple. The shooter knew the consequences of his actions and should spend the next 30 years in prison for it. The driver was just a kid who made a very bad mistake and he would have spent the next 4-20 years in prison for it. Do you honestly believe the driver intended to kill people that night? The shooter sure did.

Drunk driving isn't a mistake, it's a choice.

 

[tcG]

"Two wrongs don't make a right." Correct.

Vengeful murder is not to be applauded.

 

[surfsatwerk]

Drunk driving isn't a mistake, it's a choice.

Regardless the man gave his 1st attention to getting a gun rather than to help his children.

 

[TerryMathews]

ftfy

Never fails for you to insert race into a conversation where it doesn't belong.

 

[Iron Woode]

This is calculated murder, plain and simple. The shooter knew the consequences of his actions and should spend the next 30 years in prison for it. The driver was just a kid who made a very bad mistake and he would have spent the next 4-20 years in prison for it. Do you honestly believe the driver intended to kill people that night? The shooter sure did.

it doesn't matter whether he intended to or not. The risk of lost lives is high when driving drunk. Legally, it should amount to Depraved Indifference To Human Life (manslaughter 2).

unfortunately, the courts have been too lenient towards drunk drivers. Likely would have received 2 years or less after a round of plea bargaining.

 

[NFS4]

https://www.facebook.com/RipJoseInesBandaJr <---Family and friends of the drunk driver calling the dad a murderer and screaming for justice.

Someone posted this in a post concerning the shooter:

1JaillID 311744 Confined 02/11/2013 Released
Defendant Barajas, David Kevin - 09/11/1981 Charge 12/07/2012 - MURDER
Department BRAZORIA COUNTY SHERIFF'S OFFICE
1JaillID 218826 Confined 10/15/2006 Released 10/15/2006
Defendant Barajas, David Kevin - 09/11/1981 Charge PUBLIC INTOXICATION
Department BRAZORIA COUNTY SHERIFF'S OFFICE
1JaillID 194523 Confined 11/02/2002 Released 11/22/2002
Defendant Barajas, David Kevin - 09/11/1981 Charge ESCAPE WHILE ARRESTED/CONFINED
Department
1JaillID 164099 Confined 07/09/2000 Released 07/09/2000
Defendant Barajas, David Kevin - 09/11/1981 Charge EVADING ARREST
Department
1JaillID 148809 Confined 07/01/1999 Released 07/22/1999
Defendant Barajas, David Kevin - 09/11/1981 Charge MTAG/JAILTIME-POSS MARIJUANA
Department
1JaillID 147853 Confined 06/03/1999 Released 06/25/1999
Defendant Barajas, David Kevin - 09/11/1981 Charge MTN TO ADJ GUILT/POSS OF CONT SUB

 

[highland145]

wow.

this is a whole new level of ignorance here.

either that or you are just trolling this thread.

Defense lawyer or idiiot.

So he performed a blood alcohol test at the scene first? Did he examine his clothes to see if he worked at a bar and perhaps had alcohol spilled on him?

Idiot. .175%

https://www.facebook.com/RipJoseInesBandaJr <---Family and friends of the drunk driver calling the dad a murderer and screaming for justice.

Don't worry baby boy they gonna catch tha tha mother fucker that did this to u vary soon
After deletes.
Page is looking better already!! Got rid of the flakes

 

[MomentsofSanity]

Defense lawyer or idiiot.


Idiot. .175%

Don't worry baby boy they gonna catch tha tha mother fucker that did this to u vary soon
After deletes.
Page is looking better already!! Got rid of the flakes

You really aren't too fucking bright are you? Explain to me how the shooter knew his BAC. Beause if he didn't do a blood test at the side of the road it was entirely presumption at that moment.

Get it?

 

[TallBill]

This is calculated murder, plain and simple. The shooter knew the consequences of his actions and should spend the next 30 years in prison for it. The driver was just a kid who made a very bad mistake and he would have spent the next 4-20 years in prison for it. Do you honestly believe the driver intended to kill people that night? The shooter sure did.

Fuck that, we should execute drunk drivers. I've done it, and its really fucking stupid. Killing two children because you're dru k isn't a mistake.

 

[styrafoam]

Calm down everyone, is obvious that the shooter should be put away. We need to think about the safety of the general public here. All of the people who may one day kill his wife and other 2 children shouldn't have to live in fear.

 

[Paladin3]

You really aren't too fucking bright are you? Explain to me how the shooter knew his BAC. Beause if he didn't do a blood test at the side of the road it was entirely presumption at that moment.

Get it?

I don't really see how it matters. Reckless driving or drunk driving, unless you've got a damn good reason (other kids ran into the street and I was trying to avoid them) there is no reason to plow into the rear of another vehicle at speed without even trying to stop.

I'm not saying I would have shot the guy myself, since I wouldn't want to go to prison, but I'm not going to cut him any slack because I couldn't tell exactly how drunk he was at the scene.

If the shooter had administered a breathalyser first, then it would have been okay to shoot the guy?

 

[djnsmith7]

Drunk drivers typically survive these accidents & get slapped on the wrist by the system. Justice is rarely served.

 

[highland145]

You really aren't too fucking bright are you? Explain to me how the shooter knew his BAC. Beause if he didn't do a blood test at the side of the road it was entirely presumption at that moment.

Get it?

Hi,MoS,

Kill my kid....do not expect a rational libtard response.

but, but, but, he wasn't as drunk as i've seen him
but, but, but, the DOT should have/should have/would have.
but, but, but, he didn't touch him in that special place
but, but, but, his Mother taught him to drive and she was Asian.
(nothing against Asian women)
but, but, but,....

You kill my kid and you should expect a lot of death to you and yours.

Got kids?

Get it? No? Have kids. If you have kids and you don't get, you're a dumb ass and your kids should file for emancipation.

 

[jpeyton]

fucker deserved it.

Word.

 

[MomentsofSanity]

Hi,MoS,

Kill my kid....do not expect a rational libtard response.

but, but, but, he wasn't as drunk as i've seen him
but, but, but, the DOT should have/should have/would have.
but, but, but, he didn't touch him in that special place
but, but, but, his Mother taught him to drive and she was Asian.
(nothing against Asian women)
but, but, but,....

You kill my kid and you should expect a lot of death to you and yours.

Got kids?

Get it? No? Have kids. If you have kids and you don't get, you're a dumb ass and your kids should file for emancipation.

I have kids, I also was a cop for 9 years. What I don't want is someone deciding to be judge, jury and executioner against my children, or anyone else, because they assume what happened.

I presume you'd be quite alright with someone killing your children for just assuming their guilt then? You wouldn't question it if someone shot your children in the head if they suffered a medical event that cause them to be involved in an accident that killed someone?