Transcript for Texas Father Accused of Killing Allegedly Drunken Driver Found Not Guilty
So tragic. Now we turn to the trial of the Texas father accused of gunning down a drunk driver who killed his two young sons. David Barajas was acquitted on all charges. ABC's Ryan Owens has the story. Reporter: Applause greeting David Barajas after the 32-year-old father is acquitted of killing the man who killed his sons. A lot of weight lifted off my back. I'm still destroyed. I'm missing my sons, always and forever. Reporter: Even Barajas seems stunned. It took the Texas jury three hours to find him not guilty of shooting Jose Banda, the drunk driver who hit and killed his 11 and 12-year-old sons. I pray for my family. I pray for the Banda family that god gives then the comfort and the strength to move forward, you know, they lost a son too. Reporter: It was 2012 when Barajas and his sons were pushing their truck down this street south of Houston after they ran out of gas. Investigators say Banda hit the boys right in front of their father. Is it a kid that got run over. Yes, he is bleeding badly. He is badly hurt. Okay. Is he breathing? I don't know. It's fatal. Reporter: That's when investigators say an enraged Barajas ran home to grab a gun and execute the 20-year-old drunk driver on the spot. Prosecutors thought it was vigilante justice. An unlawful eye for an eye. We believe that Mr. Barajas committed this crime. Reporter: With no witnesses and no gun found, the jury didn't buy it. From day one, Barajas maintained someone else fired that shot. We're not sure who killed Mr. Banda but somebody killed Mr. Banda. I'm happy. I can move forward with my life. I can start closure for me. I can proceed with things that I wanted to do in life with my family. Reporter: Justice for a young father who prosecutors still insist took the law into his own hands and now got away with it. For "Good morning America," Ryan Owens, ABC news, Dallas. Ryan, we thank you. Dan Abrams is here for more on this. We heard in the piece that Barajas seemed stunned by the verdict. Were you surprised by it? No. For two reasons, first of all, there's the lack of evidence, right. There's the fact that they don't find the weapon. There's the fact there are no eyewitnesses, et cetera. But you combine that with the sympathy for the defendant so if you got jurors back there who are saying to themselves, well, it sure looks like he did it. It sure seems like he did it. He sure seems like the obvious person to have done it and yet they say wait a second. We're not convicting this guy on this -- with these facts on this evidence. It's those two things together, I think, that made this a relatively easy call. Three hours of deliberation. The prosecution was calling it vigilante justice. What was their strongest evidence. He was seen leaving -- his home was a hundred yards away. He's seen leaving the scene and then coming back. He said he didn't own a gun and yet they found a holster and ammunition at his home that was potentially consistent with the weapon that was used here. That was the most important piece of evidence in this case. But without more and the sympathy for the defendant, this was a really hard -- this is one of these cases where that beyond a reasonable doubt standard really means a lot because I bet you if you asked all these jurors do you think he did it, probably all of them would say probably but that's not enough to Vick him. Sad all around. Horrible, horrible. Dan Abrams, thank you so much.
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