Did he go to far?

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Pick6's avatar

Pick6

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Apr 11, 2013 12:53 AM
too*
Apr 11, 2013 12:53am
G

gut

Senior Member

15,058 posts
Apr 11, 2013 1:06 AM
Would you call it crime of passion/heat of the moment?

I'd have a tough time throwing the book at him, but the fact remains he did kill a man. If you were to look the other way, where would you draw the line?

Kind of sickening reading some comments on that article with people calling him a hero. I may empathise with him, but you're a sick fuck to call him a hero.
Apr 11, 2013 1:06am
said_aouita's avatar

said_aouita

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Apr 11, 2013 4:49 AM
Was the father legally allowed to carry a firearm?
Apr 11, 2013 4:49am
S

sportchampps

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Apr 11, 2013 5:21 AM
I would say heat of the moment for sure.
Apr 11, 2013 5:21am
P

Polar Bear 73

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216 posts
Apr 11, 2013 7:52 AM
I definitely think he was wrong. A gun is too quick and impersonal. I would have taken a tire iron and beat him to death. I am only about half kidding. Through your selfish, idiotic actions you just killed two of my children. You took away one of my major reasons for living. The lives of two of my children are over and mine is ruined. I would have been very hard pressed not to do the same thing. The only difference is that this dad did have another child, so he should have considered her needs. After what she experienced losing her brothers, she will need him in her life.
Apr 11, 2013 7:52am
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derek bomar

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Apr 11, 2013 8:13 AM
he may not be a hero, but is he "an hero"?
Apr 11, 2013 8:13am
FatHobbit's avatar

FatHobbit

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8,651 posts
Apr 11, 2013 12:16 PM
no
Apr 11, 2013 12:16pm
DeyDurkie5's avatar

DeyDurkie5

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Apr 11, 2013 12:38 PM
Wasn't premeditated. Drunk doucher killed his kids, he killed him. Eye for an eye. The pain of losing his kids will be forever with him, no need to lock him up over killing someone who destroyed his family.
Apr 11, 2013 12:38pm
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gorocks99

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Apr 11, 2013 12:41 PM
Apr 11, 2013 12:41pm
Fly4Fun's avatar

Fly4Fun

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Apr 11, 2013 12:45 PM
How did he know the guy was drunk? This report indicates that the driver was still behind the wheel.

How quickly did he shoot the guy?

What if the guy had a stroke while driving and had slurred speech as a result of the stroke (and appeared drunk) because of that caused an accident and then was subsequently shot by for appearing drunk.

He definitely went too far.
Apr 11, 2013 12:45pm
justincredible's avatar

justincredible

Nick Mangold

32,056 posts
Apr 11, 2013 12:51 PM
Fly4Fun;1423422 wrote:How did he know the guy was drunk? This report indicates that the driver was still behind the wheel.

How quickly did he shoot the guy?

What if the guy had a stroke while driving and had slurred speech as a result of the stroke (and appeared drunk) because of that caused an accident and then was subsequently shot by for appearing drunk.

He definitely went too far.

Maybe he was slurring and reeked of alcohol. That indicates drunk, no? Drunk people are pretty easy to spot.
Apr 11, 2013 12:51pm
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DeyDurkie5

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Apr 11, 2013 12:55 PM
Fly4Fun;1423422 wrote:How did he know the guy was drunk? This report indicates that the driver was still behind the wheel.

How quickly did he shoot the guy?

What if the guy had a stroke while driving and had slurred speech as a result of the stroke (and appeared drunk) because of that caused an accident and then was subsequently shot by for appearing drunk.

He definitely went too far.
What if a unicorn came out of his ass singing "i knew you were trouble"? Would he be drunk then?
Apr 11, 2013 12:55pm
Fly4Fun's avatar

Fly4Fun

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Apr 11, 2013 1:01 PM
justincredible;1423427 wrote:Maybe he was slurring and reeked of alcohol. That indicates drunk, no? Drunk people are pretty easy to spot.
We don't know this information though.

All we know is that he shot a guy who crashed his car into his family's car. We don't know whether he definitely knew the guy was drunk.

I misread the article the first time thinking he was still in the car, this report is pretty vague on the details (and that's a problem).

I have a huge issue if it's deemed okay to for a regular citizen to determine whether someone was drunk in a car accident and killing that person.

We have a justice SYSTEM to provide safeguards for every single citizen. Here, those safeguards were completely ignored. Now some will say that this is okay because the guy was drunk. But like I said, what if the guy had stroke while driving, you lose motor control and it can cause slurred speech. What if he assumes that the speech problems mean the guy is drunk. Then you have a situation where a guy who suffered a stroke is now murdered.

The ends do not justify the means, which is reflected in some of our constitutional protections such as the 4th Amendment.
Apr 11, 2013 1:01pm
Devils Advocate's avatar

Devils Advocate

Brudda o da bomber

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Apr 11, 2013 1:01 PM
After he shot him, hid did not set the car on fire......Sooooo No.
Apr 11, 2013 1:01pm
Fly4Fun's avatar

Fly4Fun

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Apr 11, 2013 1:25 PM
Did a quick google search it appears that the gun wasn't on him or in the car. He had to walk home to get it, return, fire it, then got rid of the gun before officials arrived.
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.
http://www.dailymail.co.uk/news/article-2277301/Texas-man-David-Barajas-charged-shooting-dead-drunk-driver-killed-sons-age-11-12.html

So it sounds like he left almost immediately, doesn't sound like he had time to figure out if the guy was drunk to any level of certainty.

From another article: same information about it being "right after."
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.


http://www.huffingtonpost.com/2013/02/11/father-charged-in-fatal-s_0_n_2665191.html
Apr 11, 2013 1:25pm
Devils Advocate's avatar

Devils Advocate

Brudda o da bomber

4,539 posts
Apr 11, 2013 1:29 PM
^^^ Bull shit. it was compassionate. the driver was injured and in pain.

He gave him and end to an otherwise long and troubled life.
Apr 11, 2013 1:29pm
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Benny The Jet

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Apr 11, 2013 2:00 PM
I don't even want to imagine putting myself in that situation, but the walking home part to me I don't know if I would have even made it that far. All of the thoughts and anger and "what ifs" running through your head. I'd probably be seeing so much red I would have pulled the guy out of the car and started pummeling.
Was it the wise, well thought out choice he made? No. Do I blame him for it? No.
Apr 11, 2013 2:00pm
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se-alum

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Apr 11, 2013 2:03 PM
Fly4Fun;1423468 wrote:Did a quick google search it appears that the gun wasn't on him or in the car. He had to walk home to get it, return, fire it, then got rid of the gun before officials arrived.



http://www.dailymail.co.uk/news/article-2277301/Texas-man-David-Barajas-charged-shooting-dead-drunk-driver-killed-sons-age-11-12.html

So it sounds like he left almost immediately, doesn't sound like he had time to figure out if the guy was drunk to any level of certainty.

From another article: same information about it being "right after."



http://www.huffingtonpost.com/2013/02/11/father-charged-in-fatal-s_0_n_2665191.html

"Right after" is very subjective. It could've been 5-10 minutes.
Apr 11, 2013 2:03pm
Fly4Fun's avatar

Fly4Fun

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Apr 11, 2013 2:18 PM
se-alum;1423498 wrote:"Right after" is very subjective. It could've been 5-10 minutes.
You think it took emergency responders up to 10 minutes to respond to an accident (with witnesses so I'm sure someone called really soon)?

I was curious so did a search. From the Houston government website they say 4 minutes for 1st responder or Basic Life Support (BLS) and 8 minutes for Advanced Life Support (ALS).

Even assuming that the first wave is a little slower he has about 5-6 minutes to finish the walk home, get his gun, load it (Assuming it wasn't loaded as you're not supposed to do that), walk back and kill the guy and then get rid of the gun in a manner that it wasn't ever recovered (so pretty thorough). And the reports said he walked. That doesn't give him much time at all. And also the reports say that the witnesses say the gun show was only "minutes" after the crash. Vague, but still indicates a short time period.
Apr 11, 2013 2:18pm
G

gut

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Apr 11, 2013 2:29 PM
I would think his kids aren't playing far from home. The "walk" was probably not more than 2-3 houses down.

First responder time might be pretty critical to his defense. Although I'm not sure you feel much differently after 10 minutes vs. 5, but basically that proves it happened minutes after the crash in a moment of extreme grief.
Apr 11, 2013 2:29pm
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gut

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Apr 11, 2013 2:32 PM
Let's throw this discussion a curve.

What if the medical examiner determines the injuries from the crash were already fatal? Still alive when he was shot, but for sure already a goner.
Apr 11, 2013 2:32pm
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Fly4Fun

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Apr 11, 2013 3:23 PM
gut;1423523 wrote:Let's throw this discussion a curve.

What if the medical examiner determines the injuries from the crash were already fatal? Still alive when he was shot, but for sure already a goner.
Legally it would still be homicide, what variety just depends on the evidence and what they think they can prove or get him to plead out to.
Apr 11, 2013 3:23pm
G

gut

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Apr 11, 2013 3:30 PM
Fly4Fun;1423468 wrote: then got rid of the gun before officials arrived.
You mean he returned the gun to his house, or he ditched it? If it's the latter I think that could be a bit of problem for his defense.
Apr 11, 2013 3:30pm
Fly4Fun's avatar

Fly4Fun

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Apr 11, 2013 3:33 PM
gut;1423567 wrote:You mean he returned the gun to his house, or he ditched it? If it's the latter I think that could be a bit of problem for his defense.
Police were never able to find the gun, so he ditched it.

They have, however, linked the bullet with the kind in his house and have a test for gun residue (just no actual weapon).
Apr 11, 2013 3:33pm