99BlownYellowGT Posted February 12, 2013 Report Share Posted February 12, 2013 Thoughts?? HOUSTON (AP) — A Texas man whose two young sons were killed in a traffic accident has been charged with murder in the fatal shooting at the crash scene of a suspected drunken driver. Brothers David Jr. and Caleb Barajas were helping their father push their broken-down pickup truck when a vehicle driven by 20-year-old Jose Banda plowed into them. The December accident happened just 50 yards away from the Barajas' rural Houston-area home. Banda was later found shot. Brazoria County sheriff's investigator Dominick Sanders says witnesses saw David Barajas Sr. next to Banda's vehicle when shots were fired. Barajas has been indicted for murder and was being held Monday in the Brazoria County Jail on a $450,000 bond. Court records did not list an attorney for him. Quote Link to comment Share on other sites More sharing options...
nurkvinny Posted February 12, 2013 Report Share Posted February 12, 2013 Tough call. Watch my 2 boys die... may just do the same. Quote Link to comment Share on other sites More sharing options...
SpaceGhost Posted February 12, 2013 Report Share Posted February 12, 2013 I'd stand next to him in hell for all eternity. Quote Link to comment Share on other sites More sharing options...
Snowflake Posted February 12, 2013 Report Share Posted February 12, 2013 Being charged isnt the same as being convicted. Better get a real good lawyer and he has a chance, even if it is Texas. Quote Link to comment Share on other sites More sharing options...
stangsn95gt Posted February 12, 2013 Report Share Posted February 12, 2013 Being charged isnt the same as being convicted. Better get a real good lawyer and he has a chance, even if it is Texas. Id say being in texas is an advantage, Id also claim temporary insanity Quote Link to comment Share on other sites More sharing options...
Not Brian Posted February 12, 2013 Report Share Posted February 12, 2013 You'd think in Texas they'd let that one slide Quote Link to comment Share on other sites More sharing options...
TimTaylor751647545500 Posted February 12, 2013 Report Share Posted February 12, 2013 http://www.shadowandact.com/wp-content/uploads/2010/03/a_time_to_kill07.jpg Quote Link to comment Share on other sites More sharing options...
Mr. Jones Posted February 12, 2013 Report Share Posted February 12, 2013 Having watched his sons die at the hands of a drunk idiot, I can't say I blame him. Probably doesn't give a shit what happens himself anymore at this point. Quote Link to comment Share on other sites More sharing options...
2highpsi Posted February 12, 2013 Report Share Posted February 12, 2013 Temporary insanity. Any father on the jury will have a really hard time convicting him. Quote Link to comment Share on other sites More sharing options...
stangsn95gt Posted February 12, 2013 Report Share Posted February 12, 2013 Quote Link to comment Share on other sites More sharing options...
SRTurbo04 Posted February 12, 2013 Report Share Posted February 12, 2013 i say let the guy go . Quote Link to comment Share on other sites More sharing options...
evil8 Posted February 12, 2013 Report Share Posted February 12, 2013 I have kids so my decision is pretty clear. Quote Link to comment Share on other sites More sharing options...
stangsn95gt Posted February 12, 2013 Report Share Posted February 12, 2013 cool black screen of death bud Sorry I missed a letter on the copy pasta, I do know how to spell burrito though 1 Quote Link to comment Share on other sites More sharing options...
Littleguy Posted February 12, 2013 Report Share Posted February 12, 2013 I really feel for the guy and in the same situation I have no doubt at all that I would want to do the same thing. Unfortunately if we are going to be a society of laws then we need to follow it here too. Quote Link to comment Share on other sites More sharing options...
SRTurbo04 Posted February 12, 2013 Report Share Posted February 12, 2013 Sorry I missed a letter on the copy pasta, I do know how to spell burrito though touche sir Quote Link to comment Share on other sites More sharing options...
sol740 Posted February 12, 2013 Report Share Posted February 12, 2013 Daaaaamn. Quote Link to comment Share on other sites More sharing options...
nurkvinny Posted February 12, 2013 Report Share Posted February 12, 2013 This has actually brought tears a couple times since I read the story and keep thinking about this. I think if anything like this happened to me, I would do everything this Dad did except for make the shots non-lethal. I think I would call 911, start screaming in strange ways, and shoot random parts off his body. And then reload. Quote Link to comment Share on other sites More sharing options...
SpaceGhost Posted February 12, 2013 Report Share Posted February 12, 2013 This has actually brought tears a couple times since I read the story and keep thinking about this. I think if anything like this happened to me, I would do everything this Dad did except for make the shots non-lethal. I think I would call 911, start screaming in strange ways, and shoot random parts off his body. And then reload. I can't even watch movies/tv about this. It makes me so mad and upset. Quote Link to comment Share on other sites More sharing options...
Geeesammy Posted February 12, 2013 Report Share Posted February 12, 2013 I'd do the same and think the Father should be let go of all charges. Eye for an eye, I'd say by being shot first the guy lucked out. Quote Link to comment Share on other sites More sharing options...
Snowflake Posted February 12, 2013 Report Share Posted February 12, 2013 Id say being in texas is an advantage, Id also claim temporary insanity I would agree if the father was white. Quote Link to comment Share on other sites More sharing options...
Dr. Pomade Posted February 12, 2013 Report Share Posted February 12, 2013 I see a few references to "temporary insanity." Technically, there is no such thing. Either you meet the criteria for legal insanity or you don't. In Texas, the law concerning insanity is much like it is in Ohio, which essentially is this: you are not guilty by reason of insanity if, at the time of the offense, you did not know what you were doing was wrong as a result of severe mental disease or defect. (Also, it could be argued that insanity is always temporary.) The closest thing conceptually to "temporary insanity" is a diminished capacity defense. It's kind of like a mini-insanity defense in which the defense attempts to prove that the defendant was unable to form a requisite mental component (or mens rea) of the offense (e.g., like saying that the guy who was drunk out of his mind and drove over some old lady didn't mean to kill her because he was so intoxicated he had no idea what he was doing). Technically, though, Texas (like Ohio) doesn't allow for a diminished capacity defense. Quote Link to comment Share on other sites More sharing options...
Drewhop Posted February 12, 2013 Report Share Posted February 12, 2013 I see a few references to "temporary insanity." Technically, there is no such thing. Either you meet the criteria for legal insanity or you don't. In Texas, the law concerning insanity is much like it is in Ohio, which essentially is this: you are not guilty by reason of insanity if, at the time of the offense, you did not know what you were doing was wrong as a result of severe mental disease or defect. (Also, it could be argued that insanity is always temporary.) The closest thing conceptually to "temporary insanity" is a diminished capacity defense. It's kind of like a mini-insanity defense in which the defense attempts to prove that the defendant was unable to form a requisite mental component (or mens rea) of the offense (e.g., like saying that the guy who was drunk out of his mind and drove over some old lady didn't mean to kill her because he was so intoxicated he had no idea what he was doing). Technically, though, Texas (like Ohio) doesn't allow for a diminished capacity defense. Knowledge bomb BOOM goes the thread. Quote Link to comment Share on other sites More sharing options...
SpaceGhost Posted February 12, 2013 Report Share Posted February 12, 2013 I see a few references to "temporary insanity." Technically, there is no such thing. Either you meet the criteria for legal insanity or you don't. In Texas, the law concerning insanity is much like it is in Ohio, which essentially is this: you are not guilty by reason of insanity if, at the time of the offense, you did not know what you were doing was wrong as a result of severe mental disease or defect. (Also, it could be argued that insanity is always temporary.) The closest thing conceptually to "temporary insanity" is a diminished capacity defense. It's kind of like a mini-insanity defense in which the defense attempts to prove that the defendant was unable to form a requisite mental component (or mens rea) of the offense (e.g., like saying that the guy who was drunk out of his mind and drove over some old lady didn't mean to kill her because he was so intoxicated he had no idea what he was doing). Technically, though, Texas (like Ohio) doesn't allow for a diminished capacity defense. Like you fucking know anything...... Copy pasta Troll :gabe: Quote Link to comment Share on other sites More sharing options...
BBQdDude Posted February 12, 2013 Report Share Posted February 12, 2013 I would take action. HOWEVER, I would plan it out a few days down the road and CYA big time FTW. Quote Link to comment Share on other sites More sharing options...
morabu Posted February 12, 2013 Report Share Posted February 12, 2013 so, what do you think this guy's best chance at not going to prison would be? i know if my children were murdered right in front of me, i wouldn't be my normal self for a while. i have no problem with what the father did. Quote Link to comment Share on other sites More sharing options...
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