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Texas man acquitted of killing man who killed his sons in DUI

Prosecutors had no evidence in the trial of a man charged with the murder of a drunken driver that he had fired a gun.
By Frances Burns   |   Aug. 27, 2014 at 4:43 PM   |   Comments

ANGLETON, Texas, Aug. 27 (UPI) -- A Texas man was acquitted Wednesday of the murder of a drunken driver who slammed into his broken-down truck, killing his two young sons.

David Barajas allegedly shot Jose Banda, 20, immediately after the crash in December 2012. But the jury decided after deliberating for three hours that prosecutors did not have enough evidence for a guilty verdict.

Caleb Barajas, 11, and David Jr., 12, were trying to push the truck out of the road near Alvin when Banda hit the vehicle. Witnesses said that Barajas walked to his nearby home and returned, but no one reported seeing a gun and a weapon was never found.

Tests also failed to find evidence of gunshot residue on Barajas' hands.

The trial was an emotional one with members of both families present. On the first day, the judge asked members of the Barajas family to remove pins with the two boys' pictures.

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