Tritico says grieving father not protected by law in shooting - FOX 26 News | MyFoxHouston

Revenge murder not protected by law

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ALVIN, Texas (FOX 26) -

A Brazoria County father surrendered to authorities after burying his two sons. David Barajas is now charged with murder in the death of Jose Banda.

Investigators believe Banda was drunk when he slammed his car into the Barajas family truck and killed 12-year-old David and 11-year-old Caleb.

Since the story broke about Barajas' arrest, posts have flooded the FOX 26 Houston fan page on Facebook.

The story was shared more than 500 times, received 1,800 "likes" and FOX 26 Houston fans on Facebook have left more than 2,000 comments about it.

While many people have apparently viewed David Barajas' mug shot, judging by the comments, many are all siding with the now-accused murderer.

"I don't think there's anyone in the community who wouldn't say, "Ya know, I'd have done the same thing," said Chris Tritico, FOX 26 legal analyst, who refers to the suspect's actions as a "crime of passion." However Tritico believes in this case, given what he knows about that fatal shooting, it doesn't appear Barajas actions are justified and viewers disagree.

"As messed up as our criminal system is, he will most likely be charged with murder," commented Steven Castillo on Facebook.

"Some people need to be shot. Drunk driving child killers are way up on the list," typed Kyle Pape.

"I feel he was justified," said Tracy James.

Though the reason Barajas is not justified, according to Tritico, or protected by the law in any way, is because of timing.

"A crime of passion occurs at the time and you don't have time for careful contemplation. You got time to walk home and walk back, you thought about your actions." Now it is up to a jury, maybe even the same people who posted on the FOX 26 Houston Facebook fan page, to decide what kind of punishment David Barajas deserves.

Tritico is not representing Barajas but says most likely the defense will try to use the fact that many people would agree with what the boys' father did in hopes of a lesser sentence.

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