Texas father acquitted of murdering drunk driver who killed his two sons

A Texas man was acquitted Wednesday of charges he shot and killed a drunk driver who hit and killed his two young sons.

David Barajas was on trial for allegedly fatally shooting 20-year-old Jose Banda after Banda crashed into Barajas and his two sons David Jr., 12, and Caleb, 11, as they were pushing a truck on a rural road in southeast  Texas.

Prosecutors said that following the accident Barajas, 32, returned to his home roughly 100 yards from the crash site in Alvin, Texas, where he retrieved a gun and returned to shoot Banda, the Associated Press reports.

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The jury took three hours before finding Barajas not guilty.

According to the Associated Press, legal experts following the case said prosecutors had to overcome jury sympathy for the defendant, who had strong public support in Alvin, a town of just under 25,000 people.

The case was also complicated by the fact there were no witnesses to the shooting, the murder weapon was never found, and gunshot residue tests on Barajas’ hands came back negative. Prosecutors said ammunition and a holster for the type of gun that killed Banda were found in Barajas’ home.

During the trial, a forensic expert also testified saying blood found in the victim’s car matched that of Barajas.

Following the verdict, District Attorney Jeri Yenne spoke about the tragedy.

“Three sons were lost that day. The state has compassion for every single one of them, the Barajas children and the Banda son,” Yenne said.