[grimlock]

^I agree with all of this.

My problem with the situation is the father seems to be putting all of the blame on the drunk driver. Being drunk automatically means you're at least >90% wrong no matter what happens.. but perhaps the father could not handle the guilt of allowing his sons to be doing something that is maybe a little dangerous?
Consider various scenarious:
1. child is playing on the front lawn, drunk driver hits them there
2. child is playing on the street..
3. child is playing on the street in the dark, in camoflauge..

Point being, there are varying degrees of 'risky' behaviour.. granted 8 out of 10 parents would see nothing wrong with making their child push the car in a residential neighbourhood... but there are some who wouldn't.

I think the dad wanted to kill himself a bit too.. he wouldn't have been blinded of the consequences of pulling the trigger.

[Litos]

more info: http://news.yahoo.com/father-stand-t...130353110.html

this trial has me reeled in.....

I honestly hope he walks away a free man.....

and even if he gets prosecuted, in his heart he'll believe he did the right thing.....

what pain this guy must feel to lose two boys in the way he did.....

imagine seeing your son in half....

Originally Posted by AP

Sam Cammack, Barajas' attorney, told jurors his client did not kill Banda, and that the father never left the crash site. Cammack described to jurors an accident scene in which Barajas, desperate to help his sons, was covered with their blood after he had tried to perform CPR on the boys.

"When police get there my client is doing what he was doing the whole time, trying to save his children's lives," Cammack said.

Legal experts said the case will be difficult to prosecute given the lack of hard evidence: no weapon was recovered, no witnesses identified Barajas as the shooter and gunshot residue tests done on Barajas came back negative.

An even greater challenge for prosecutors could be overcoming sympathy in the community for the father. Many people in the town of Alvin where the tragedy occurred, 30 miles southeast of Houston, have supported Barajas. Some have said they might have done the same thing in a similar situation.

Hrach tried to minimize the absence of a murder weapon, saying that a bullet fragment from a .357 caliber weapon was found at the murder scene and that an open box with .357 caliber ammunition was found in Barajas' home.

The home security system at Barajas' house with cameras that would have shown the accident scene had been disabled, the prosecutor said.

[deadmn1337]

Just saw this article. http://www.nbcnews.com/news/crime-co...d-sons-n190286

[schoy]

I'm a father of 2 little children myself, so I completely understand the dad's actions. However, unless I knew - without reasonable doubt - that the driver was indeed drunk, I wouldn't have shot the driver. I'd hate to have the driver's blood on my hands if it turned out that the truck had an unforeseen mechanical failure, driver suffered first epileptic seizure, driver was drugged by a third party, driver was kidnapped by terrorists and told at gunpoint to drink a liter of whiskey and then told to drive 10 miles to where the terrorists were holding his family at gunpoint, etc.

There's a reason we have a (albeit imperfect) justice system that asks questions first before executions.

[P1]

Originally Posted by schoy

I'm a father of 2 little children myself, so I completely understand the dad's actions. However, unless I knew - without reasonable doubt - that the driver was indeed drunk, I wouldn't have shot the driver. I'd hate to have the driver's blood on my hands if it turned out that the truck had an unforeseen mechanical failure, driver suffered first epileptic seizure, driver was drugged by a third party, driver was kidnapped by terrorists and told at gunpoint to drink a liter of whiskey and then told to drive 10 miles to where the terrorists were holding his family at gunpoint, etc.

There's a reason we have a (albeit imperfect) justice system that asks questions first before executions.

Well said sir. I don't have a gun on me, so couldn't shoot the driver even if I wanted to.

[Litos]

Originally Posted by deadmn1337

Just saw this article. http://www.nbcnews.com/news/crime-co...d-sons-n190286

Big BIG win for "Red"...

Red has been David's nickname for decades, even when he was growing up....

the majority of the community is elated to hear this decision.....

tough justice.....

[schoy]

Originally Posted by Litos

Big BIG win for "Red"...

Red has been David's nickname for decades, even when he was growing up....

the majority of the community is elated to hear this decision.....

tough justice.....

So ... in Texes, if someone runs over and kills my 2 sons (perhaps by accident), I'm allowed to go back to my house, get my gun, and shoot the guy, so long as I ditched (and destroyed) the gun and made sure there were no eyewitnesses? Just want to make sure I know my rights (as well as risks) when I visit Texas.

Would the result have been different if the driver wasn't drunk? If so, how did the dad know the driver was drunk?

[Litos]

Originally Posted by schoy

So ... in Texes, if someone runs over and kills my 2 sons (perhaps by accident), I'm allowed to go back to my house, get my gun, and shoot the guy, so long as I ditched (and destroyed) the gun and made sure there were no eyewitnesses? Just want to make sure I know my rights (as well as risks) when I visit Texas.

as with any choice you make anywhere in this nation, you can do whatever you want, just be sure that if you're doing something wrong, you don't get busted.....

p.s.
do me a favor and don't visit Texas....

you'll hate it here - it's too hot and there are more guns than people...

the mosquitos here will make you want to BBQ outside your house in a Shark Cage.....

Originally Posted by schoy

Would the result have been different if the driver wasn't drunk? If so, how did the dad know the driver was drunk?

I can't answer those questions, but anyone in their right mind can spot a drunk driver (or at least walk up to someone and smell/see that they are drunk)....