Jury acquits father in shooting death of drunken driver who killed his sons

After being acquitted for murder (right) David Barajas hugs and gets a kiss from his wife (left) Cindy Barajas while addressing the media at the Brazoria County courthouse Wednesday August 27, 2014. David Barajas, 32, was accused of shooting Jose Banda, 20, after he struck his two sons, aged 11 and 12, on a rural Texas road in 2012. less After being acquitted for murder (right) David Barajas hugs and gets a kiss from his wife (left) Cindy Barajas while addressing the media at the Brazoria County courthouse Wednesday August 27, 2014. David ... more Photo: Billy Smith II, Chronicle Photo: Billy Smith II, Chronicle Image 1 of / 56 Caption Close Jury acquits father in shooting death of drunken driver who killed his sons 1 / 56 Back to Gallery

ANGLETON – The bereaved father who witnessed the death of his two young children did not murder the drunken driver who killed them, a jury here in Brazoria County decided Wednesday, a coda that ratcheted up the emotions already thought to have peaked when both sides lost loved ones.

The jury acquitted David Barajas, who faced a murder charge in the shooting death of a 20-year-old man, Jose Banda. Banda drove his Chevrolet Malibu into the children while they pushed their father's stalled Ford 250 truck on an unlit road near Alvin to their nearby house. In a fit of retaliatory rage, prosecutors argued, Barajas returned to his home, retrieved a pistol and fired away at Banda's head with revenge.

But prosecutors faced an uphill climb in erasing any reasonable doubt in jurors' minds. Police failed to produce a murder weapon linked to the killing, gunpowder residue tests on Barajas' hands were negative and no witnesses saw anything that transpired on the dark December night. Though Barajas' attorneys could not identify who else could have killed Banda, who had a blood alcohol level twice the legal limit, the lawyers managed to create enough ambiguity that pushed a conviction out of reach.

The verdict opened any wounds that may have begun to heal since the 2012 deaths of Banda and Barajas' children, 11-year-old Caleb and 12-year-old David Jr.

The announcement in the courtroom simultaneously triggered claps of relief and clasps of despair as Barajas' and Banda's families reacted to the decision of the 12 jurors.

Banda's family sobbed as they filed out of the courthouse quickly. Barajas, at a news conference with his legal team and wife, also sobbed – but for very different reasons.

"A lot of weight's been lifted off my back," said Barajas, fighting with his hands in pockets to retain his composure. "I'm hurt about it. It hurt me from the beginning, on top of the hurt that I was already feeling because of my sons."

Dozens of his family members hugged one another behind Barajas as he spoke. The family, which took up so much space in earlier courtroom sessions that some had to be asked to leave so members of Banda's family could observe the proceedings, kept the focus on the children killed less than two years ago.

Gabriel Barajas, David's brother, said after the verdict he did not spend much time pondering what it would be like for his brother to go to jail because he spent too much time grieving over the loss of his nephews and the games of catch he would no longer have with them.

Barajas admitted he remained bitter about the loss of his children and the trial, but not toward the Banda family.

"They lost a son, too. This was a loss for everybody. This wasn't a winning situation for none of us," he said,

Brazoria County District Attroney Jeri Yenne said she believed prosecutors had a fair chance to convince a fair jury. The system worked, she said, regardless of whether the government met their burden of proof.

"The state would never present a case against an individual who we did not believe committed a crime. So good people can agree to disagree," said Yenne. "We knew going in that a circumstantial evidence case was tough. We know the emotion attached to it. We're all human."