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ANGLETON, Texas (AP) - An ex-deputy says he failed to note in a report that more gunfire took place well after a drunk driver was fatally shot following an accident that killed two boys in Texas.

David Barajas, the boys' father, is on trial in the driver's 2012 shooting death. Barajas' attorney says the omitted detail about the gunfire supports his claim of innocence.

Barajas is accused of fatally shooting Jose Banda minutes after Banda plowed into a vehicle that Barajas and his two sons had been pushing along a rural road. Twelve-year-old David Jr. and 11-year-old Caleb Barajas were killed.

Lloyd Anderson, an ex-deputy with the Brazoria County Sheriff's Office, testified Wednesday that he probably did inform an investigator about the gunfire but that he left it out of his report.

Related:

Brazoria County father on trial, accused of killing drunk driver

Trial of Texas father raises legal, moral issues

Trial to begin in fatal shooting after Alvin wreck

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