David Barajas found not guilty of murder

ANGLETON, TX -- A man accused of murdering a drunk driver who killed his two kids has been found not guilty.

Jurors came back with the verdict this afternoon after closings were presented this morning. David Barajas, 32, had been on trial for the 2012 murder of Joe Banda, 20.

The Barajas family broke into tears in the courtroom today while Jose Banda's family sat in stunned belief.

"I am relieved but still in pain. My two boys are dead and nothing will bring them back," Barajas said in a post decision news conference.

David Jr., 12, and Caleb, 11, were killed in the accident.

If Barajas had been convicted, he faced a potential life sentence.

Earlier today, the prosecution began its closing by saying Banda made some bad choices in his life, but deserved to be a father to his young daughter. They also said, "Death is not a penalty for intoxication. He (Banda) didn't deserve to face death by this man (Barajas)".

But in it's closing statements, the defense said the evidence says something totally different; that Barajas never had time to run home, grab a gun, kill Banda, run back home and change his clothes. He had no gun residue on him. He was just trying to save his kids.

The defense says there is, "No evidence, circumstantial or direct evidence, that links David Barajas to the killing."

We're following this story and will have the very latest coming up on Eyewitness News beginning at 4pm.

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