David Barajas, Texas man, charged in fatal shooting of suspected drunk driver who killed his sons, authorities say.

An Alvin father remained in the Brazoria County Jail Monday, charged with murder in the alleged revenge killing of a drunken driver who plowed into his truck, killing his two young sons last December.
David Barajas Sr., 31, a construction worker, is being held in lieu of $450,000 bail in the fatal shooting of 20-year-old Jose Inez Banda minutes after the Dec. 7 crash that claimed the lives of Barajas' 11- and 12-year-old sons.
"The whole incident is extremely tragic," said Brazoria County sheriff's lead investigator, Dominick Sanders. "The grand jury reviewed it and has indicted him for murder."
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.
The boys had been helping their father push their disabled truck and were less than 150 yards from their driveway when they were hit. Caleb was pronounced dead at the scene, and David Jr. died shortly after arrival at Memorial Hermann Hospital. Their father escaped serious injury.
Barajas' wife, Cindy, and their 8-year-old daughter and 3-month-old son, had remained seated inside the truck and were not hurt.
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.

ALVIN, Texas (AP) Investigators continue to seek answers to many unanswered questions about who fatally shot a suspected drunk driver after he crashed his car into two young brothers, killing them.
The questioning continues Thursday. Brazoria County sheriff's investigator Dominick Sanders said detectives had "no formal suspects" in the Friday night fatal shooting of 20-year-old Jose Banda. The death has been ruled a homicide. Sanders said investigators haven't interviewed the boys' father, who was injured, or their mother, who was in the truck.
The two brothers died while helping their father push their pickup truck down a dark, narrow road 50 yards from their rural Houston-area home last week. A memorial service was held in Alvin on Wednesday for 12-year-old David Barajas (bah-RAH'-hahs) Jr. and his 11-year-old brother, Caleb
ALVIN, Texas – The parents of two brothers killed by a suspected drunk driver said they are being harassed by people online.
Cindy and David Barajas did not want to talk on camera.  However, they told KHOU 11 News someone has threatened a drive-by shooting at the family’s home.  So, the Barajas are staying somewhere else looking for support.
On Brazoria County Road 144, you can see Alvin’s love for Caleb and David Barajas, Jr.  It’s printed on balloons.  It’s planted with flowers.  It’s written all over a football left by little league teammates. 

On Sally Roman’s face, there are tears.  The 13-year-old was friends with both boys.
“She even started crying because she would come over here and they would play together,” Roman said.  “She’s hurt too.  It really hurt a lot of us.”
Investigators said it is a drunken driving tragedy with a mysterious twist.  Friday night, the Barajas’ family car ran out of gas.  The boys, ages 11 and 12, were helping their dad push when a suspected drunk driver plowed into them.  Caleb and David, Jr. later died.
Brazoria County Sheriff deputies said moments after the crash, witnesses calling 911 heard gunfire.  The other driver, Jose Banda Jr., 20, was shot to death in his car.  Investigators told us they have not yet recovered a murder weapon or identified any suspect(s).  However, through numerous interviews with witnesses, detectives expect leads soon.