The Texas father who was on trial for fatally shooting the drunken driver who killed his two sons in Dec. 2012 was acquitted on Wednesday by a jury of his peers, local media reports.
Thirty-two-year-old David Barajas and his sons, ages 11 and 12, were pushing the family truck down a road, as it had run out of gas, when 20-year-old Jose Banda hit the two boys with his vehicle, killing them.
Banda was intoxicated at the time of the crash.
Prosecutors argued that Barajas grabbed a firearm and fatally shot the driver following the incident, however, police never found a weapon at the scene leaving doubt as to whether the distraught father murdered the man.
The tragedy occurred in Alvin, Texas, 50 yards away from Barajas’s residence. Prosecutors contended that Barajas went home and retrieved a firearm to shoot Banda but defense attorney Sam Cammack said that the father’s only concern was saving his sons.