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ANGLETON – The father of two boys killed by a drunk driver is on trial for revenge. Prosecutors accuse David Barajas, 32, of shooting the drunk driver to death.

Nearly two years ago, Cindy Barajas lost two sons. David, Jr., 12, and Caleb, 11, were both hit and killed on a rural road near Alvin. Now, Cindy Barajas fears prosecutors want to take away her husband too. Brazoria County prosecutors charged Barajas with murder for killing the drunk driver responsible for the boys' deaths.

"Already losing half of your life and then (to see prosecutors) accusing a man of something they're only speculating (about), it's not right," Cindy Barajas said. "It's not fair."

Trial to begin in fatal shooting after Alvin wreck KHOU

Lawyers on both sides said little outside the courtroom where they picked a 12-person jury for Barajas' murder trial. Still, questions remain.

"We just (look) forward to picking a jury and presenting a case to the jury," said Sam Cammack, Barajas' lawyer. "That's all I want to say right now."

In December 2012, David Barajas ran out of gas. His sons Caleb and David, Jr. got out to push. Then, a car driven by Jose Banda, Jr. smashed into them. Both boys died. Authorities said Banda was drunk. He too died. However, someone shot Banda to death.

After the crash, prosecutors believe Barajas went home, grabbed a gun then returned to kill Banda.

However, defense lawyers claim gunshot residue tests on Barajas came back negative. Sheriff deputies also never found the gun or reported finding witnesses.

On Facebook, supports built a page called "Free David Barajas." His future, though, lies in jurors' hands and loved ones are not happy.

"None of this makes sense, none of it," Cindy Barajas said. "I pray for the (Banda) family. I know that they lost. We've all lost here."

Related:

Trial of Texas father raises legal, moral issues

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