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re: Father (Not Guilty) of killing drunk driver who killed his sons.Update

Posted on 8/18/14 at 7:05 pm to
Posted by LordSaintly
Member since Dec 2005
38963 posts
Posted on 8/18/14 at 7:05 pm to
quote:

He should walk free. I'd prolly murder somebody if they killed my kids too.


It's unfortunate, but it doesn't matter. It's premeditated murder.

Posted by REG861
Ocelot, Iowa
Member since Oct 2011
36444 posts
Posted on 8/18/14 at 7:05 pm to
The story as linked leaves a lot of questions to be answered.
Posted by heartbreakTiger
grinding for my grinders
Member since Jan 2008
138974 posts
Posted on 8/18/14 at 7:06 pm to
clearly it should go to trail but since I haven't seen the evidence i can't say if he should be convicted of anything.
quote:

At the same time, his defense hasn't publicly suggested who else might be responsible for Jose Banda's shooting death.
last i checked the defense doesn't have to pin guilt on another person, they just have to prove doubt in their client being guilty.
Posted by Tigerlaff
FIGHTING out of the Carencro Sonic
Member since Jan 2010
20889 posts
Posted on 8/18/14 at 7:06 pm to
quote:

Based on the evidence in the case as presented, no, he shouldn't. Everything is circumstantial.


Thank you. I thought we were just going to have a bunch of dumbass TH03's here to tell us what a slam dunk case this is. It's a very interesting fact pattern.
Posted by REG861
Ocelot, Iowa
Member since Oct 2011
36444 posts
Posted on 8/18/14 at 7:06 pm to
quote:

quote:
At the same time, his defense hasn't publicly suggested who else might be responsible for Jose Banda's shooting death.
last i checked the defense doesn't have to pin guilt on another person, they just have to prove doubt in their client being guilty.


fact...see Anthony, Casey
Posted by TH03
Mogadishu
Member since Dec 2008
171080 posts
Posted on 8/18/14 at 7:07 pm to
quote:

Thank you. I thought we were just going to have a bunch of dumbass TH03's here to tell us what a slam dunk case this is. It's a very interesting fact pattern.

yea, I'm sure that was your intent the whole time. that's why you titled the thread "Father shoots and kills drunk driver who killed his sons." instead of "Father accused of shooting and killing drunk driver who killed his sons"
Posted by East Coast Band
Member since Nov 2010
62894 posts
Posted on 8/18/14 at 7:08 pm to
I think he should charged only with having a broken down vehicle on a public road.

frick drunks and what may become of them. If I were on the jury, I'd probably acquit him.

And yes I know what the laws are.
Posted by bencoleman
RIP 7/19
Member since Feb 2009
37887 posts
Posted on 8/18/14 at 7:09 pm to
I was in Houston when this happened and there was some questions about whether it was him or his wife that did it. If I remember right they were pushing the truck, it was close to midnight. I just don't understand why they didn't leave it on the side of the road and go get some gas. They were just a hundred feet or so from their driveway. I think as bad as I hate to say it he should go to jail
Posted by Tigerlaff
FIGHTING out of the Carencro Sonic
Member since Jan 2010
20889 posts
Posted on 8/18/14 at 7:09 pm to
quote:

yea, I'm sure that was your intent the whole time. that's why you titled the thread "Father shoots and kills drunk driver who killed his sons." instead of "Father accused of shooting and killing drunk driver who killed his sons"


Alright, that's a petty and yet fair point. I'll change the title to "allegedly."
Posted by TH03
Mogadishu
Member since Dec 2008
171080 posts
Posted on 8/18/14 at 7:10 pm to
it's not petty, the title clearly states your opinion is that he is guilty.

if you're a lawyer, you probably shouldn't be determining the results of the case before the trial starts.
Posted by ReauxlTide222
St. Petersburg
Member since Nov 2010
83591 posts
Posted on 8/18/14 at 7:11 pm to
Wait, so if this dude would have gotten rid of the box of ammo there would be no physical connections to this murder? Damn.
Posted by JudgeHolden
Gila River
Member since Jan 2008
18566 posts
Posted on 8/18/14 at 7:12 pm to
quote:

The story as linked leaves a lot of questions to be answered.


^^^^^^^^^^^
This.
Posted by CroakaBait
Gulf Coast of the Land Mass
Member since Nov 2013
3978 posts
Posted on 8/18/14 at 7:13 pm to
How did he not have gunshot residue on his person if he shot the guy? Gil Grissom on CSI swears that shite won't wash off that easy. Just asking.
Posted by Tigerlaff
FIGHTING out of the Carencro Sonic
Member since Jan 2010
20889 posts
Posted on 8/18/14 at 7:14 pm to
quote:

it's not petty, the title clearly states your opinion is that he is guilty.

if you're a lawyer, you probably shouldn't be determining the results of the case before the trial starts.


You must really be a miserable frick. It's a crazy case and the answer is obviously not clear. I don't think we know enough. I'm a "not guilty" lean for now. Whatever,
Posted by fr33manator
Baton Rouge
Member since Oct 2010
124576 posts
Posted on 8/18/14 at 7:15 pm to
Unlike the state, he actually had a rightful claim to the blood.

This man should walk.
Posted by TutHillTiger
Mississippi Alabama
Member since Sep 2010
43700 posts
Posted on 8/18/14 at 7:15 pm to
He will get convicted of a lesser charge like manslaughter or he will walk
Posted by LSURussian
Member since Feb 2005
126966 posts
Posted on 8/18/14 at 7:16 pm to
quote:

on a rural road in Southeast Texas

Texas jury? He'll walk.
Posted by Honkus
Member since Aug 2005
51557 posts
Posted on 8/18/14 at 7:16 pm to
quote:

Barajas shot 20-year-old Banda in the head in December 2012 near Alvin, about 30 miles southeast of Houston. Minutes earlier, Banda's car struck Barajas' sons 



Not guilty by reason of temporary insanity. Open and shut case. My cousin Vinnie could get this guy off.
This post was edited on 8/18/14 at 7:17 pm
Posted by Tiger Ryno
#WoF
Member since Feb 2007
103176 posts
Posted on 8/18/14 at 7:16 pm to
:kige:

I applaud this man
Posted by Tigerlaff
FIGHTING out of the Carencro Sonic
Member since Jan 2010
20889 posts
Posted on 8/18/14 at 7:18 pm to
quote:

Not guilty by reason of temporary insanity. Open and shut case. My cousin Vinnie could get this guy off.


I don't think any insanity defense is going to work here, especially since he would have concealed evidence afterwards if the state's version is true.

Manslaughter? Maybe.

That's why this case is so great, despite the tragedy, of course. A lot of questions and standards competing with each other. Been following this one since last year.
This post was edited on 8/18/14 at 7:20 pm
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