Father arrested in shooting death of driver who killed sons

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by Drew Karedes / KHOU 11 News & KHOU.com staff

khou.com

Posted on February 11, 2013 at 5:15 PM

Updated Wednesday, Feb 13 at 5:17 PM

ALVIN, Texas -- The father of two young boys killed by a drunk driver in December has been charged with killing that driver.

David Barajas was arrested this week after a lengthy investigation.

Barajas and his two young sons were pushing their disabled pickup truck down CR 144 when a car driven by Jose Banda ran into them.

Twelve-year-old David Barajas died at the scene. The other son, 11-year-old Caleb Barajas, was airlifted to a hospital where he later died. Their father suffered non-life threatening injuries.

When deputies arrived, they found Banda inside his car with a single gunshot wound to the head.  He was also airlifted to a hospital where he later died.

“I’m not going to be the same no more because he was everything in this house for me,” said Jose’s mother, Maria Banda. “He was my life.”

Officials said Banda was intoxicated at the time of the crash. His Blood Alcohol Concentration was .175, more than twice the legal limit.

“It wasn’t like it was planned,” said Jose’s brother, Antonio Rodriguez. “Those boys were right there and it was something that happened. It’s not like he was going to run. He was willing to do the time.”

Investigators said no weapons were recovered at the scene.

They interviewed several witnesses who were present at the scene of the accident. Those witnesses said David Barajas was observed walking away from the scene of the accident, towards his home shortly after the crash. Those witnesses also reported seeing David Barajas return to the scene and approach Jose Banda's car when the gunshots were fired.

Brazoria County investigators executed a search warrant at the Barajas’ home. They found a handgun holster and ammunition, but a gun was not found.

David Barajas has been charged with murder. His bond was set at $450,000.

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