08-21-2014, 03:28 PM
(08-21-2014, 01:57 PM)RJs-Ex Wrote: I have a hard time seeing the dad leave his dead/dying kids in the street to go get a gun, too. However, I think he probably did it. Who else would care that much? Maybe the mom went and got the gun for him? I don't recall reading in the story if she was even there or not. Regardless, I'd
have a hard time convicting him. Unless it could be for manslaughter, or some charge where he wouldn't have to go to prison.
Found this bit in one of the news articles, RJs:
Snip:
Deputies claim the Barajas family ran out of gas on County Road 144 near Alivn. The father, David Barajas Sr., and his two sons, David Jr. and Caleb, were pushing the car off the road. Their mother and sister were inside the vehicle.
Investigators said Jose Banda, 20, was driving drunk and slammed into them. The impact killed the 11 and 12-year-old boys.
Ref: http://6abc.com/news/trial-begins-agains...er/268409/
Based on what I've read, I don't think there is enough evidence to convict Barajas, but prosecutors may have more that will come up as the trial proceeds. I agree with Cutz that there's a good likelihood witnesses aren't telling all that they know in this case if it implicates Barajas.
Police have a missing gun attached to the suspect who has a strong potential motive. Does that mean it's the missing murder weapon and Barajas is the killer? Probably, IMO, but not beyond reasonable doubt.
If Barajas did it, he might have had the weapon on him at the time of the crash, having left the holster and extra ammo at home. Or, his wife could have gotten the gun from the house after the crash, as you suggest.
If Barajas was accused of executing a sober beloved nun, I think such loose circumstantial evidence would go further, even though I agree with sally that Barajas should be convicted if the evidence points beyond reasonable doubt to his guilt (regardless of the fact that the driver was drunk when he hit the family).
It should be an interesting trial.