David Barajas, 31, has been charged with murder on Friday after allegedly shooting a drunk driver moments after he hit his truck killing his two young sons.
12-year-old David Jr. and 11-year-old Caleb, were about 50 yards from their Houston-area home when a car crashed into them on a dark rural road.
David Jr. died at the scene, while Caleb died later at a hospital.
Neighbors said they heard gunshots minutes after the Dec. 7 crash near Alvin, about 30 miles southeast of Houston.
Jose Banda, the 20-year-old driver who hit the boys, was later found shot in the head. His death was ruled a homicide.
Investigators believe Banda had been drinking before the crash, and they're awaiting the results of blood tests on him.
At a funeral service for the two boys, family and friends spoke of the brothers' love of sports and their family.
Their uncle, Gabriel Barajas, said David and Caleb were ‘inseparable’ and ‘playful.’ Caleb's nickname was the ‘Big C’ and Gabriel Barajas said both boys were big fans of the Houston Texans.
Many of those at the service wore Texans jerseys in honor of the boys.
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.
- Daily Mail
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