Barajas, 31, was indicted by a Brazoria County grand jury for murder after they heard the evidence that included testimony from Barajas. The grand jury rejected the argument the killing was a crime of passion that constitutes a defense in Texas. Barajas turned himself in to the Brazoria County Sheriff's Office on Sunday.
Jose Banda, 20, was shot and killed last Dec. 7. As reported by the Houston Chronicle
, Barajas and his family were on their way home around 11:30 p.m. when their pickup truck ran out of gas very close to their home. With Barajas was his wife Cindy, their 8-year-old daughter and 3-month old son and sons David Jr., 12, and Caleb, 11.
Barajas decided to push the truck home and David and Caleb got out to help. A Chevy Malibu, driven by Banda, slammed into the truck and according to police, the Chevy neither braked nor swerved.
David Jr. was pronounced dead at the scene and Caleb was airlifted to hospital where he later died. Barajas was not seriously injured and none of the family members who remained in the truck were hurt.
When police arrived they found Banda behind the wheel of his car. He had been shot once in the head and died without regaining consciousness. KHOU
reports later tests determined Banda had a Blood Alcohol Concentration of .175.
During the course of the investigation, a search warrant was executed at Barajas' home and a holster and some ammunition were seized. The murder weapon has not been found. Although there were no witnesses to the actual shooting, a witness reported seeing Barajas leave the scene of the accident and walk in the direction of his home. He came back and was in the vicinity of Banda's car when gunfire erupted.
DNA tests are being conducted and the investigation is continuing.
Chris Tritico, a legal analyst for Fox 26
in Houston, believes on information he has, the killing was not a crime of passion because of the time it took Barajas to go home, get his gun, return to the accident scene and shoot Banda. But many viewers of the station do not agree.
One person posted on Fox 26's Facebook page, "Some people need to be shot. Drunk driving child killers are way up on the list." Another viewer wrote, "I feel he was justified."
But Banda has his defenders, especially his family. Prior to the handing down of the indictment, Janie Tellez, Banda's aunt, told KTRK
whoever was responsible for her nephew's death should be prosecuted to the fullest extent of the law. Tellez said, "It was an accident. He didn't purposely do that."
reported, a few days days after the accident David and Cindy told the station they had received online threats. The family went into hiding after someone posted they would conduct a drive-by shooting at their home.
Barajas remains in the Brazoria County Jail. His bond was set at $450,000.