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Man on trial for killing man who killed his sons [POLL] Would you?

 
HumbleDog
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08/17/2014 01:32 PM
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Man on trial for killing man who killed his sons [POLL] Would you?
POLL: Should a convicted drunk driver who kills face the death penalty?
 YES
 NO
 No vote (see results)
 Blank (View Results) 



David Barajas (pictured), 31, has been charged with the murder of Jose Banda, 20, a drunk driver who plowed into his two sons as pushed a vehicle on a rural Texas road, reports the Daily Mail.

After their truck ran out of gas about 30 miles from their Houston home, David Jr., 12, and Caleb, 11, were helping their father push it and were about 50-yards away when Banda crashed into them from behind.

David Jr. died at the scene from his injuries; Caleb was air-lifted to a hospital where he later succumbed to his injuries. Banda was found at the scene with a gunshot wound to the head. The police ruled it a homicide.



[link to newsone.com]

It is alleged at the father walked 50 yards back to his house, retrieved a gun and returned to kill the drunk driver. Personally I hold the firm belief that any convicted drunk driver who kills anyone should face the death penalty.

Not sure I this situation as it seems unusual that the father left the scene of the accident to retrieve his gun especially since his wife and daughter were also in the vehicle during the accident. Only witness was that he was seen walking up to the drunk driver's vehicle, no one saw him shoot nor according to reports, the man didn't even own a gun but ammunition similar to that which killed the man (with a single shot to the head) was found in the man's home. Seems to me there is room to assume someone else decided to dispense justice. Rather unusual situation.....


It's gone on too long that bring drunk is an acceptable excuse to murder.

A drunk person kills your children, and you had the means to do so, would you take justice in your own hands?


Last Edited by HumbleDog on 08/17/2014 01:38 PM
Anonymous Coward
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08/17/2014 01:37 PM
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Re: Man on trial for killing man who killed his sons [POLL] Would you?
No I would not. Two wrongs don't make a right.
Anonymous Coward
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08/17/2014 01:39 PM
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Re: Man on trial for killing man who killed his sons [POLL] Would you?
It's possible the drunk driver shot himself with a gun that he had in his car
Anonymous Coward
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08/17/2014 01:44 PM
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Re: Man on trial for killing man who killed his sons [POLL] Would you?
It wasn't right to shoot the guy, but I think any time a father sees his children die at someone else's hands the father should get an automatic pass if he does execute them.
Anonymous Coward
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08/17/2014 01:53 PM
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Re: Man on trial for killing man who killed his sons [POLL] Would you?
I would have smashed his head into the ground until it popped like a watermelon....and I'm not even trying to sound tuff...just being honest
HumbleDog  (OP)

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08/17/2014 02:04 PM
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Re: Man on trial for killing man who killed his sons [POLL] Would you?
I find it unusual that the gun was never found, the only evidence reported is the there were ammunition similar to that which was used and reports of others seeing the father approach the drunk's car.

No witness seen him shoot him, I believe the prosecuting attorney is going to have a hard time getting a conviction, it my understanding that the father denies he did it.

Too many people have been murdered by drunk drivers, more people are killed by drunks every day than by firearms but the liberal left is more concerned about guns??

I have very strong feelings about such as one of my best friend's son is a vegetable due to injuries from a accident caused by a drunk driver including a woman in the friend's son car was killed in the vehicular murder. Yet the drunk driver received a prison sentence of 7 years and will be eligible for parole in 5 years despite he destroyed one life and ended another?
DisgustedLurker

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08/17/2014 02:26 PM
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Re: Man on trial for killing man who killed his sons [POLL] Would you?
You asked the wrong question. It should have been: "Should the man who shot the killer of his children be prosecuted". The answer is no.

-DL
Anonymous Coward
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08/17/2014 02:30 PM
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Re: Man on trial for killing man who killed his sons [POLL] Would you?
No I would not. Two wrongs don't make a right.
 Quoting: Anonymous Coward 61705678


Liberal cowards like this make me seeth, if it were your kids you'd feel different
wishiwas

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08/17/2014 02:43 PM
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Re: Man on trial for killing man who killed his sons [POLL] Would you?
IF it could be proven beyond a reasonable dount that the father killed the man, I would still having a hard time convicting him. Emotional distress can cause one to temporarily lose their mind.

If they cannot prove it beyond reasonable doubt, there is absolutely no way I would convict him.
Justitiae soro Fides
Anonymous Coward
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08/17/2014 02:45 PM
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Re: Man on trial for killing man who killed his sons [POLL] Would you?
You asked the wrong question. It should have been: "Should the man who shot the killer of his children be prosecuted". The answer is no.

-DL
 Quoting: DisgustedLurker


If I were on his jury, there would be no conviction.
Ohwow!

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08/17/2014 02:45 PM
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Re: Man on trial for killing man who killed his sons [POLL] Would you?
No I would not. Two wrongs don't make a right.
 Quoting: Anonymous Coward 61705678


Liberal cowards like this make me seeth, if it were your kids you'd feel different
 Quoting: Anonymous Coward 61726166

I probably would not have been able to shoot him if I wanted to, the shock and horror of losing that which is the love of life, two children, would have caused instant shock to set in. So, no I would not be able to respond to death caused in an instant of stupidity caused by a drunk idiot - the loss would be too great, laying dead before my eyes while my heart dropped to a state of disbelief
Anonymous Coward
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08/17/2014 02:53 PM
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Re: Man on trial for killing man who killed his sons [POLL] Would you?
I find it unusual that the gun was never found, the only evidence reported is the there were ammunition similar to that which was used and reports of others seeing the father approach the drunk's car.

No witness seen him shoot him, I believe the prosecuting attorney is going to have a hard time getting a conviction, it my understanding that the father denies he did it.


 Quoting: HumbleDog


I really hope he gets acquitted. Too many innocent people get wrongly accused and this sounds like another one.
If there is only such slim evidence, I really hope the jury does not convict. In any case, it would have to be a lesser charge of 'heat of passion' or whatever the term is.
Anonymous Coward
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08/17/2014 02:54 PM
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Re: Man on trial for killing man who killed his sons [POLL] Would you?
No I would not. Two wrongs don't make a right.
 Quoting: Anonymous Coward 61705678


Liberal cowards like this make me seeth, if it were your kids you'd feel different
 Quoting: Anonymous Coward 61726166


No, I'm speaking for myself only. I would not kill someone who killed my kids. I'm not that type.
SaveUSa

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08/17/2014 03:20 PM

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Re: Man on trial for killing man who killed his sons [POLL] Would you?
David Barajas (pictured), 31, has been charged with the murder of Jose Banda, 20, a drunk driver who plowed into his two sons as pushed a vehicle on a rural Texas road, reports the Daily Mail.

After their truck ran out of gas about 30 miles from their Houston home, David Jr., 12, and Caleb, 11, were helping their father push it and were about 50-yards away when Banda crashed into them from behind.

David Jr. died at the scene from his injuries; Caleb was air-lifted to a hospital where he later succumbed to his injuries. Banda was found at the scene with a gunshot wound to the head. The police ruled it a homicide.



[link to newsone.com]

It is alleged at the father walked 50 yards back to his house, retrieved a gun and returned to kill the drunk driver. Personally I hold the firm belief that any convicted drunk driver who kills anyone should face the death penalty.

Not sure I this situation as it seems unusual that the father left the scene of the accident to retrieve his gun especially since his wife and daughter were also in the vehicle during the accident. Only witness was that he was seen walking up to the drunk driver's vehicle, no one saw him shoot nor according to reports, the man didn't even own a gun but ammunition similar to that which killed the man (with a single shot to the head) was found in the man's home. Seems to me there is room to assume someone else decided to dispense justice. Rather unusual situation.....


It's gone on too long that bring drunk is an acceptable excuse to murder.

A drunk person kills your children, and you had the means to do so, would you take justice in your own hands?

 Quoting: HumbleDog


I voted NO, but if faced with a similar situation, I believe that I probably would have done the same thing.

I do think repeat DUI offenders (second time) should be put in jail for a long time. If drunk and involved in vehicular homicide, the sentence should be significant. Possibly Life imprisonment with no possibility of parole.
Within the surreal depths of "reality" lies the truth.
Anonymous Coward
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08/17/2014 03:30 PM
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Re: Man on trial for killing man who killed his sons [POLL] Would you?
Just legalize murder and all the stupid humans will thin themselves out
Anonymous Coward
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08/17/2014 03:44 PM
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Re: Man on trial for killing man who killed his sons [POLL] Would you?
Most of you are morons so let me explain..

Its a dangerous thing to allow people to dispense justice prior to fact finding. What if the person had an emergency medical situation that had no prior symptoms, well too bad. Or someone gets wrongly blamed for a sex crime from a kid that's lying..

There's many situation why its not a good idea to adandon due process... If you don't see that you are an idiot.
Dirtyboy

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08/17/2014 03:45 PM
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Re: Man on trial for killing man who killed his sons [POLL] Would you?
He would not get convicted of first degree murder charges. The law does not allow revenge killings. If several days went by and then the father killed that would show premeditation and it would be first degree murder. This guy will probably get either second degree murder or voluntary homicide. What is problematic is that he tried to cover it up which will affect sentencing.

We are all responsible for our actions. We are supposed to be responsible when we drive. Yet most of us do many careless things including driving drunk. Speeding causes a lot of serious accidents yet people are not usually charged as harsh as the drunk driver. There is no excuse for operating a machine capable of much harm carelessly. Most accidents are preventable. These days they charge people in accidents where gross negligence is involved (including DUI) with criminal negligent homicide or voluntary or involuntary manslaughter. Once you kill someone while driving a car it is not an excuse to apologize, rather a time to own up to your actions leading to the death.
Dirtyboy
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Anonymous Coward
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08/17/2014 03:48 PM
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Re: Man on trial for killing man who killed his sons [POLL] Would you?
They have an absolutely perfect situation to claim a temporary insanity case.

I believe it will never amount to anything based on that.
samanthasunflower

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08/17/2014 03:54 PM

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Re: Man on trial for killing man who killed his sons [POLL] Would you?
If I was on the Jury, I'd let him off.

Anyone who just saw their babies murdered in front of them could not be in their right mind.
Anonymous Coward
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08/17/2014 03:55 PM
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Re: Man on trial for killing man who killed his sons [POLL] Would you?
He would not get convicted of first degree murder charges. The law does not allow revenge killings. If several days went by and then the father killed that would show premeditation and it would be first degree murder. This guy will probably get either second degree murder or voluntary homicide. What is problematic is that he tried to cover it up which will affect sentencing.

We are all responsible for our actions. We are supposed to be responsible when we drive. Yet most of us do many careless things including driving drunk. Speeding causes a lot of serious accidents yet people are not usually charged as harsh as the drunk driver. There is no excuse for operating a machine capable of much harm carelessly. Most accidents are preventable. These days they charge people in accidents where gross negligence is involved (including DUI) with criminal negligent homicide or voluntary or involuntary manslaughter. Once you kill someone while driving a car it is not an excuse to apologize, rather a time to own up to your actions leading to the death.
 Quoting: Dirtyboy


If the drunk driver was human he would have hated himself and had a much harder time stopping his drinking because of guilt. He would have done it again. If the drunk driver wasn't a human good reddens . Either way the driver is better off dead and so r we. That's until everything changes then nothing will b the same....
Anonymous Coward
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08/17/2014 04:07 PM
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Re: Man on trial for killing man who killed his sons [POLL] Would you?
he just did a similar thing as the driver did.
do i condone it? no
would i understand if on the jury? yes
Anonymous Coward
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08/17/2014 04:13 PM
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Re: Man on trial for killing man who killed his sons [POLL] Would you?
David Barajas (pictured), 31, has been charged with the murder of Jose Banda, 20, a drunk driver who plowed into his two sons as pushed a vehicle on a rural Texas road, reports the Daily Mail.

After their truck ran out of gas about 30 miles from their Houston home, David Jr., 12, and Caleb, 11, were helping their father push it and were about 50-yards away when Banda crashed into them from behind.

David Jr. died at the scene from his injuries; Caleb was air-lifted to a hospital where he later succumbed to his injuries. Banda was found at the scene with a gunshot wound to the head. The police ruled it a homicide.



[link to newsone.com]

It is alleged at the father walked 50 yards back to his house, retrieved a gun and returned to kill the drunk driver. Personally I hold the firm belief that any convicted drunk driver who kills anyone should face the death penalty.

Not sure I this situation as it seems unusual that the father left the scene of the accident to retrieve his gun especially since his wife and daughter were also in the vehicle during the accident. Only witness was that he was seen walking up to the drunk driver's vehicle, no one saw him shoot nor according to reports, the man didn't even own a gun but ammunition similar to that which killed the man (with a single shot to the head) was found in the man's home. Seems to me there is room to assume someone else decided to dispense justice. Rather unusual situation.....


It's gone on too long that bring drunk is an acceptable excuse to murder.

A drunk person kills your children, and you had the means to do so, would you take justice in your own hands?


 Quoting: HumbleDog








Me personally, I would have mutilated him to death,. I can't live without my boy, I would do horrid things if someone ever hurt him
The Old Timer

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08/17/2014 04:14 PM
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Re: Man on trial for killing man who killed his sons [POLL] Would you?
No I would not. Two wrongs don't make a right.
 Quoting: Anonymous Coward 61705678


But Three Do!!!
Lets go Brandon!!

What doesn't kill us...makes us more interesting

Either you live for something worth dying for....or you rot away and die on the installment plan quote: Mr Bill

when I post something....I will remove any post I find disrespectful or offensive.....
Anonymous Coward
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08/17/2014 04:19 PM
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Re: Man on trial for killing man who killed his sons [POLL] Would you?
Who knows what you would do in this situation
It's all very well judging while looking on. But if you
were in the moment it would be very different.

Me personally well I have always said there
Is one thing I would go to jail for and that would
be my kids.
Anonymous Coward
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08/17/2014 04:24 PM
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Re: Man on trial for killing man who killed his sons [POLL] Would you?
If say the driver was my father and was having a heart attack when the accident happened. Would I be legally in the clear to shoot the father in my moment of insanity when I happened upon the scene...

My point is punishments need dispensed when all the facts are known and analyzed. Anyone who interferes with due process deserves jail. The father deserves prison time.maybe 6 months.
PBJ11

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08/17/2014 04:46 PM
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Re: Man on trial for killing man who killed his sons [POLL] Would you?
The father should be set free. Period. Losing his children is punishment enough.
PJ
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08/17/2014 05:01 PM
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Re: Man on trial for killing man who killed his sons [POLL] Would you?
what's with all these stupid roads that don't have a shoulder on them, what if your car breaks down.

my uncle lived crippled his whole life because someone hit him after his car broke down like that.

Roads in Pennsylvania all have a little space on the side, so you can at least get the car off the road a little bit. Also if you're a pedestrian you got a place to walk. there should always be walking room along all roads.

that is an accident but you're pushing the car on the road because it's out of gas? what a dumbass, you are supposed to push the car off the road and then go put gas in it, not push it down the road.

anyways, it sounds like the guy didn't even know the driver was drunk, he shot him at the scene.


who's to say they didn't cause the accident pushing the car in the road like that.
Anonymous Coward
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08/17/2014 05:13 PM
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Re: Man on trial for killing man who killed his sons [POLL] Would you?
the time to decide how you are going to go from point A to POINT B , should be reasoned out prior to your alcohol consumption, DWI,s are a very serious charge , my brother whom i loved very very much was killed by a drunk driver, the driver who killed him was killed also , BUT , had he lived i would have taken him out , no if,s ands or but,s. i have no mercy when i see a drunk driver i always call 911.
Anonymous Coward
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08/17/2014 05:23 PM
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Re: Man on trial for killing man who killed his sons [POLL] Would you?
the havoc and misery that drunk drivers dispense upon theyre victims and family of said victims, is enormous . my brother was killed 35 years ago and it still hurts.
tiger1

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08/17/2014 05:52 PM

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Re: Man on trial for killing man who killed his sons [POLL] Would you?
the time to decide how you are going to go from point A to POINT B , should be reasoned out prior to your alcohol consumption, DWI,s are a very serious charge , my brother whom i loved very very much was killed by a drunk driver, the driver who killed him was killed also , BUT , had he lived i would have taken him out , no if,s ands or but,s. i have no mercy when i see a drunk driver i always call 911.
 Quoting: Anonymous Coward 61732960


My heart goes out to you !

I have lost 2 family members to drunk drivers.

20 years ago, my Aunt Theresa and her friend were being dropped off at her friends house after a church bingo, in the area of Russellton, Pennsylvania. A Drunk 19 year old boy, driving a van, came around the curve at a high rate of speed, hitting my aunt and the other lady. My aunt was killed instantly, and the other lady had a crushed pelvis and broken legs, but did survive.The driver got 7 years in jail.

30 years ago, my cousin Cheryl was killed by a drunk driver here in Hammond, Indiana. The guy was going 90+ miles an hour,being chased by the cops, when he ran the red light, and hit her car on the drivers side. The impact pushed her car 150ft into a light pole. It was a closed casket funeral. The impact tore off her face and her left leg.The drunk driver got 2 years in jail.
Her disabled husband, who was blown up by a landmine in Vietnam, raised the kids by himself.Cheryl was the Maid Of Honor at my wedding.

When I was 8 months pregnant with my oldest daughter, a drunk 18 year old boy ran a stop sign, and broadsided me, totaling my car, and breaking my back in 2 places. He got a slap on the wrist, just a $500 fine, even though he had a long list of prior violations.
1 year after he hit me, he was driving on a major road, drunk again,and hit a Toyota head on. The 2 teenage girls in the Toyota lived, but are crippled for life. The repeat drunk driver died in that accident.

I do not know if I could kill a drunk driver who killed my family. As for the man who allegedly killed that drunk driver who killed his kids, I would say they should let him off. I think that anyone who just saw their kids killed by a drunk driver is not thinking clearly, to say the least.
The FIRST time that someone is drunk, and causes an accident, they need to be locked up for a very long time. If the accident caused death or serious injury, then the drunk driver should be locked up for life.

Last Edited by tiger1 on 08/17/2014 05:53 PM
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ToToro

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08/17/2014 06:09 PM
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Re: Man on trial for killing man who killed his sons [POLL] Would you?
shooting was stupid
break neck or close his nose so he will choke up and die leaving no traces of foul play
after all this was accident and he died
case closed.





GLP