David Barajas denies killing a drunk driver in a fit of rage after his two sons were fatally struck in 2012 on a rural road in Southeast Texas, according to The Associated Press.
His defense attorney says Barajas is a good man, a grieving father and not a murderer, the AP reported. At the same time, his defense hasn't publicly suggested who else might be responsible for Jose Banda's shooting death.
Barajas' trial is set to begin Monday in a case with many complexities: No weapon was recovered, no witnesses identified him as the shooter and many in Barajas' community have strongly sympathized with him, with some saying they might have taken the law into their own hands if faced with a similar situation, according to the AP.
The trial will focus on prosecutors' allegations that Barajas shot 20-year-old Banda in the head in December 2012 near Alvin, about 30 miles southeast of Houston, the AP reported. Minutes earlier, Banda's car struck Barajas' sons as they pushed the family's broken-down truck down a dark, narrow road just 50 yards from their home. Twelve-year-old David Jr. died at the scene; 11-year-old Caleb died at a hospital.
If convicted of murder, Barajas faces up to life in prison, according to the AP.
Barajas' attorney, Sam Cammack, says claims that his client took the law into his own hands are untrue, noting that Barajas didn't even own a gun, the AP reported. Brazoria County District Attorney Jeri Yenne declined to comment.
Neighbors said they heard gunshots minutes after the crash, and authorities allege Barajas went home, retrieved a gun and went back to the crash site, where he shot Banda in the head, according to the AP.
Toxicology tests later determined Banda had been driving while intoxicated, but Brazoria County sheriff's investigator Dominick Sanders said that in the moments after the crash, there had been no way to know it was alcohol related, the AP reported.
Witnesses have identified Barajas as the person who approached the vehicle before the shooting, Sanders said, and other witnesses said there was a man opening fire but none could identify Barajas as that person, according to the AP.
Investigators never found the weapon, and gunshot residue tests done on Barajas came back negative, the AP reported.
A search of Barajas' home found ammunition consistent with the bullet that killed Banda, but Sanders said the missing weapon could still make "a big difference in the case," according to the AP.
