The tragedy unfolded just after 11pm when the Barajas’ family car ran out of gas along County Road 144 about 30 miles from Houston, MyFox Houston reported.
Caleb and David were helping push their father’s stalled truck when a car driven by 21-year-old Jose Banda slammed into the vehicle from behind.
The older of the two brother was killed on the spot, while his 11-year-old brother was airlifted to a hospital, where he eventually succumbed to his injuries.
The Harris County Medical Examiner said just moments after the fatal crash, Banda died from a gunshot wound to the head.
Police said no weapon has been recovered at the scene, but shots were heard after the crash.
Janie Tellez, Banda’s aunt, came to her nephew’s defense, demanding that his killer be arrested and prosecuted to the full extent of the law.
‘It was an accident. He didn't purposely do that,’ Tellez told ABC13. 'Whoever did it is getting away with murdering my nephew. He deserves justice.’
Brazoria County sheriff's investigator Dominick Sanders said Monday that witnesses told authorities they saw Barajas, right after the crash, walk to his home and then return a few minutes later and approach Banda's vehicle.
Evidence showed one shot was fired, he said.
'Every time we would pursue a lead, it always came back to Mr. Barajas,' Sanders said. 'We have numerous statements placing him there at the car in close proximity to the victim at the time the gunshot was fired.' Tests showed Banda's blood alcohol was twice the legal limit
when his Chevrolet Malibu rear-ended the Barajas' family's Ford 250 truck that had run out of gas on an unlit county road near Alvin, investigators said. The inebriated driver failed to swerve or even apply his brakes before plowing into the truck and crushing Barajas' sons, David Jr., 12, and Caleb, 11. LINK
This post was edited on 2/13 at 6:45 am