ALVIN, Texas The driver found shot to death after he struck and killed two young brothers in Alvin Friday night was a homicide victim, the Harris County Medical Examiner has ruled.

Jose Banda, 20, was foundunconscious behind the wheel of his car with a gunshot wound to the head. He was flown to Memorial Hermann Hospital where he later died.

Investigators didn t find a weapon at the scene, and they re still trying to figure out who killed Banda.

Brazoria County sheriff s investigator Dominick Sanders says witnesses heard gunshots three minutes after the first 911 call reporting the accident.

We are looking at all avenues right now, doing a complete and thorough investigation and only time will tell, Brazoria County Sheriff's investigator Dominick Sanders said.

David Barajas, 12, and his 11-year-old brother Caleb were helping their father push the family s truck after it ran out of gas on County Road 144. They were yards from their Alvin home when Banda s car slammed into them.

It happened around midnight on the narrow road, whichdoesn't have street lights.

The two boys and David Barajas Sr. were pinned between the vehicles.

Young David died at the scene of the accident while his father and brother were airlifted to Memorial Hermann Hospital in Houston. Doctors weren t able to save Caleb.

The elder Barajas wasn't seriously hurt and has since beenreleased from the hospital. His wife and two daughters, who were inside the truck when it was hit, were not injured.

The medical examiner is still awaiting test results to determine if alcohol was a factor in the crash.

It s a real tragedy it really is, said Ruben Rodriquez, a close Barajas family friend, on Saturday. I just can t believe it.

Family members said the two boys loved football and enjoyed going to school. David attended G.W. Harby Junior High and Caleb went to Hood-Case Elementary in Alvin.

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