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Dad allegedly killed man who killed sons

  |   Feb. 11, 2013 at 7:34 PM
HOUSTON, Feb. 11 (UPI) -- A Texas father was jailed Monday, charged with fatally shooting an intoxicated driver who struck and killed his two young sons as they pushed a disabled pickup.

Dominick Sanders of the Brazoria County Sheriff's Office said a county grand jury Friday indicted David Barajas, 31, of Alvin and Barajas turned himself in to authorities Sunday, the Houston Chronicle reported. Barajas was jailed in lieu of $450,000 bail.

Authorities allege Barajas shot Jose Banda, 20, about 11:30 p.m. Dec. 7 on a county road near his home shortly after Banda's car slammed into his pickup truck, hitting his sons David, 12, and Caleb, 11.

The older boy died at the scene and his brother was pronounced dead later at a hospital.

While investigators found no weapon at the scene, several witnesses said they saw Barajas, who suffered minor injuries, walk from the crash site toward his home and return to the scene where he approached Banda's car. They said they then heard gunshots fired, the Chronicle said.

Deputies who searched Barajas home found a handgun holster and ammunition, but no guns.

Banda, who was later determined to have been intoxicated, was found with a gunshot wound to his head and he later died at a hospital, the newspaper said.

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