Father accused of killing DUI driver on trial - Fox 2 News Headlines

Father accused of killing DUI driver on trial

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HOUSTON (FOX 13) -

A father is on trial for the alleged murder of a drunken driver who killed his two sons.

Authorities say that 32-year-old David Barajas was pushing his broken-down truck on the side of a Texas road with his 11- and 12-year-old sons when drunken driver Jose Banda struck and killed them both.

Barajas is accused of shooting and killing Banda minutes after the crash.

Authorities say they found a holster and bullets in Barajas' home, but no gun.

If convicted, he could face life in prison.

The trial is in its second week now, with jury hearing from lead investigators in the case.

Under cross examination investigators admitted they had poor ballistic evidence. They had no witness statements that said Barajas had a gun at any point that evening in December 2012 when an intoxicated Banda slammed his car into the back of Barajas' truck.

They never found the weapon. There was also some discrepancies between the reports and photos of the scene, including on showing Banda in the passenger's seat.

You can follow trial updates on www.MyFoxHouston.com

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