The 31-year-old father took a gun from his home, went outside to the site of the accident, and shot the driver responsible for the DWI-related wreck in the head. This was shortly after the driver had plowed into the pickup truck and killed the father’s two young sons.
David Barajas, the vigilante father, has since been charged with murder.
Do drunk drivers cause mere accidents? Or do they commit an intentional, criminal act, when they hurt or kill someone?
The slain driver’s aunt clearly feels that his accused murderer should not get off scot free. “It was an accident,” she said, quotes Russell Goldman for ABC News. “Whoever did it is getting away with murdering my nephew. He deserves justice.”
In the ensuing investigation, the authorities found that the driver, 20-year-old Jose Banda, had been intoxicated at the time of the accident, and last week a grand jury decided there was plenty of evidence – despite the fact that investigators did not find a weapon – to charge Barajas with homicide.
Barajas was present at the scene when the accident happened. He and his sons were pushing their disabled pickup truck home. Despite the lack of a firearm at the scene, eyewitnesses report that Barajas went home and got his gun.
It’s not clear whether or not Barajas actually knew that Banda had been drinking.