US dad acquitted of murdering drunk who killed his sons

A Texan father accused of murdering a drunk driver who killed his two sons has been found not guilty.

Prosecutors claimed David Barajas shot and killed 20-year-old Jose Banda in a fit of rage on the night his sons died.

But with little physical evidence tying the father to the crime scene, a jury this morning found Mr Barajas not guilty.

Flanked by his wife Cindy and lawyer Sam Cammack, Mr Barajas made an emotional address to media outside Brazoria County Court after being acquitted of murder.

"I am relieved but still in pain," the 32-year-old told KTRK.

Mr Barajas and his boys David Jnr, 12, and Caleb, 11, were pushing their broken-down ute just 45m from their Alvin home, 48km outside Houston, when the allegedly drunken Banda ploughed into all three in December 2012.

Amid the chaos, Mr Barajas allegedly returned home, retrieved a gun and returned to the scene to shoot Banda in the head.

But Mr Cammack maintained that his client was innocent, noting gunshot residue tests on Mr Barajas' hands came back negative.

There were no witnesses to the crime and the gun used in the shooting was never found.

Prosecutor Jeri Yenne said she had no regrets about bringing the father to trial.

"We believe that Mr Barajas committed the crime and we also know the jury did not believe that beyond a reasonable doubt. We respect that," she said.

Source: KTRK
Author: Chloe Ross, Approving editor: Kieran Campbell