UPDATE, Aug. 27: A jury has acquitted a Texas father who was accused of fatally shooting the drunken driver who killed his two sons. Read more here.

A father is on trial for the alleged murder of a drunken driver who killed his two sons.

Authorities say that 32-year-old David Barajas was pushing his broken-down truck on the side of a Texas road with his 11- and 12-year-old sons when drunken driver Jose Banda struck and killed them both. Barajas is accused of shooting and killing Banda minutes after the crash.

Authorities say they found a holster and bullets in Barajas’ home, but no gun.

If convicted, he could face life in prison.

Criminal defense attorney Diana Aizman told Shepard Smith that whoever the jury panel is made up of will determine the outcome in this case.

Watch more above.

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