Houston Father Shoots Drunk Driver who killed his two sons...

Since he's a minority, I hope there will be no disparity on the decision (some older fashioned judges have actually done that hat) made by the judge.

If he's tried in Brazoria County.. there will likely be disparity there. It's the center of old school, southern aristocracy politics. It's really an obnoxious place and every politician there is elderly and linked to about 5 local families that have been ranching in the area for the past 100+ years.

I feel for the guy... I don't see this ending well for him at all. I can't say I wouldn't have done it myself, but I still don't see an okay ending to this :(
 
If they can prove David is mentally sound, then it was most likely a crime of passion. He may have felt proper justice would not be done, so he took matters into his own hands to shoot the DUI convict. In that case, it can be classified justifiable homicide.

Texas Penal Code Section 9 metions instances where justifiable homicide is allowed:
PENAL CODE**CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY

I think it'll depend on which court gets his case, and which judge. If it's a county it will be more likely to be lenient. If it's a district, then he might get charged with death. Hopefully he just gets life with no parole at the worst, but I have a feeling he may just get some x number of years.

Since he's a minority, I hope there will be no disparity on the decision (some older fashioned judges have actually done that hat) made by the judge.

That's a sickening thought about the disparity, but the driver he shot was also Hispanic.
 
If they can prove David is mentally sound, then it was most likely a crime of passion. He may have felt proper justice would not be done, so he took matters into his own hands to shoot the DUI convict. In that case, it can be classified justifiable homicide.

Texas Penal Code Section 9 metions instances where justifiable homicide is allowed:
PENAL CODE**CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY

I think it'll depend on which court gets his case, and which judge. If it's a county it will be more likely to be lenient. If it's a district, then he might get charged with death. Hopefully he just gets life with no parole at the worst, but I have a feeling he may just get some x number of years.

Since he's a minority, I hope there will be no disparity on the decision (some older fashioned judges have actually done that hat) made by the judge.

That's what I initially surmised but after finding out an important fact... it's going to be very difficult to roll with a passion claim. He had ample time to think about it while he walked home, retrieved the gun, loaded it, before killing the driver. It's not like he saw his dead sons and reached into the car. He walked home.
 
David Barajas will be found guilty of the murder since it was not self-defense. That's it.

Correct. In the word of the law, it was revenge and he will be convicted accordingly.

How about the mom and the daughter? Their pain is worse. Two brothers gone and now likely daddy.

Damn.
 
right. I mean - I say he should be charged but his sentence be commuted so that he doesn't have to go to jail. it works better this way.

Pardoning him for a murder would be very bad for public in a legal sense and especially for governor's career. just a huge mess.

I recall about Mississippi governor pardoned the convicts of murder case before left the office.
 
If the father went to the house to get the gun, and then back to the accident scene to shoot the driver, then that shows premeditation and malice of forethought, which would support a murder charge. By hiding the gun and not turning himself in immediately, he showed a consciousness of guilt, so that would rule out insanity.

Rather than tending to his wife and other two children, he engaged in revenge. That demonstrated a motive.

There's a good chance that he will be found guilty of murder.

If he is, there are legal limits, minimum and maximum, that set the range of his sentence. I doubt that a guilty verdict for murder can be sentenced with community service or probation.

Even if he is a member of a minority group, so were the victims and witnesses. Also, there's still the possibility that members of the jury and/or the judge will also be members of that same minority, if that reflects the demographics of the location.

As far as cultural mores, our courts are supposed to make judgments based on the statutes of the United States of America, the individual states, and the local jurisdiction. They are not supposed to be judging on tribal customs, sharia, the Talmud, the Bible, la cosa nostra, or anything else.
 
Correct. In the word of the law, it was revenge and he will be convicted accordingly.

How about the mom and the daughter? Their pain is worse. Two brothers gone and now likely daddy.

Damn.
Yes, very sad. At a time when they need him most, the father has made himself not available to them. In addition to the trauma and sorrow of losing the two boys, they have to worry about what's going to happen to the dad. :(
 
As far as cultural mores, our courts are supposed to make judgments based on the statutes of the United States of America, the individual states, and the local jurisdiction. They are not supposed to be judging on tribal customs, sharia, the Talmud, the Bible, la cosa nostra, or anything else.

Good luck.. I may sound jaded, but I spent almost 10 years employed by this government. It's dirty.. I spent too much time doing things illegal or borderline illegal because the judge/da/lawyers little girl was pouting and upset so she called her daddy....
 
Temporarily insanity is my guess....dunno if I would have done the same thing tho'....but damn sure I would have wanted to.

Same here...

I can imagine the kind of grief that could consume someone to take such desperate measures.

Temporary insanity.
 
If the father went to the house to get the gun, and then back to the accident scene to shoot the driver, then that shows premeditation and malice of forethought, which would support a murder charge. By hiding the gun and not turning himself in immediately, he showed a consciousness of guilt, so that would rule out insanity.

Rather than tending to his wife and other two children, he engaged in revenge. That demonstrated a motive.

There's a good chance that he will be found guilty of murder.

If he is, there are legal limits, minimum and maximum, that set the range of his sentence. I doubt that a guilty verdict for murder can be sentenced with community service or probation.

Even if he is a member of a minority group, so were the victims and witnesses. Also, there's still the possibility that members of the jury and/or the judge will also be members of that same minority, if that reflects the demographics of the location.

As far as cultural mores, our courts are supposed to make judgments based on the statutes of the United States of America, the individual states, and the local jurisdiction. They are not supposed to be judging on tribal customs, sharia, the Talmud, the Bible, la cosa nostra, or anything else.

I agree with all of this.In fact (assuming we have all of the facts) as a juror I would vote guilty with a heavy heavy heart. It would have been different if he had beat the guy to death without leaving the scene IMO.

That being said, if prosecuted, I expect either a lesser charge plea OR a mistrial and then a lesser charge plea. I don't think they will find 12 people that will vote for murder.
 
I agree with all of this.In fact (assuming we have all of the facts) as a juror I would vote guilty with a heavy heavy heart. It would have been different if he had beat the guy to death without leaving the scene IMO.

That being said, if prosecuted, I expect either a lesser charge plea OR a mistrial and then a lesser charge plea. I don't think they will find 12 people that will vote for murder.

yea. it'll probably end up with hung jury.
 
I still stand my position, what he have done is murder, period. I MIGHT support if he beats the shit out of him. Murder is not acceptable. Perfect example, that guy who had her young daughter molested by scumbag and he beated the shit out of him while not realized that he overdo and got scumbag killed, that is when I accepted and give pardon. Unlike going out and get shotgun then shoot scumbag ass out; which is still not acceptable for me because whoever shoots KNOWS it can kill and that's difference.
 
I myself know how the dad felt. Very heartbroken and mad! But it doesn't give him the right to kill. He should have beat him up (not to death) instead so he might get away with it and the driver would be in jail for a long time. That's the problem with owning a gun, when you are out of control, you would want to kill somebody like he did.
 
I myself know how the dad felt. Very heartbroken and mad! But it doesn't give him the right to kill. He should have beat him up (not to death) instead so he might get away with it and the driver would be in jail for a long time. That's the problem with owning a gun, when you are out of control, you would want to kill somebody like he did.

:eyeroll:
 
TXGolfer, quit copy my eyeroll!

I myself know how the dad felt. Very heartbroken and mad! But it doesn't give him the right to kill. He should have beat him up (not to death) instead so he might get away with it and the driver would be in jail for a long time. That's the problem with owning a gun, when you are out of control, you would want to kill somebody like he did.
 
I myself know how the dad felt. Very heartbroken and mad! But it doesn't give him the right to kill. He should have beat him up (not to death) instead so he might get away with it and the driver would be in jail for a long time. That's the problem with owning a gun, when you are out of control, you would want to kill somebody like he did.

Look up HB 1142 for Texas.

:cool2:
 
I myself know how the dad felt. Very heartbroken and mad! But it doesn't give him the right to kill. He should have beat him up (not to death) instead so he might get away with it and the driver would be in jail for a long time. That's the problem with owning a gun, when you are out of control, you would want to kill somebody like he did.

did you lose your child?
 
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