Man kills man who killed his kids

[Currently]

You were not there and it did not happen to you and your family.

I can't say how I would react myself. I have been in serious accidents and seen a few first hand with very severe injuries. Nobody is themselves in those events. I had a bad one just five months ago and it is still very fresh in my memory.

Pontificating on an Internet keyboard is just as bad as going commando on the keyboard.

[~48_South~]

You were not there and it did not happen to you and your family.

I can't say how I would react myself. I have been in serious accidents and seen a few first hand with very severe injuries. Nobody is themselves in those events. I had a bad one just five months ago and it is still very fresh in my memory.

Pontificating on an Internet keyboard is just as bad as going commando on the keyboard.

 

Regardless of how you want to look at it the father murdered a man according to Texas Penal Code Title 5 Chapter 19 Sec 19.02.

[TMF]

Regardless of how you want to look at it the father murdered a man according to Texas Penal Code Title 5 Chapter 19 Sec 19.02.

I ain't a lawyer, but I suppose you're right. I ain't a doctor either, but I would suppose seeing your kids killed may cause a temporary break with reality. I don't know, never happened to me, but if I was sitting on a jury it wouldn't take much to convince me of that.

[RichardR]

the man was owed a pound of flesh & he collected, case closed IMHO.

[~48_South~]

I ain't a lawyer, but I suppose you're right. I ain't a doctor either, but I would suppose seeing your kids killed may cause a temporary break with reality. I don't know, never happened to me, but if I was sitting on a jury it wouldn't take much to convince me of that.

 

Nor am I,however I thought I would look up the laws on the books in Texas Im sure the father would fall under one of the 2 what I assume to be defenses to murder below. Which would maybe get him down to manslaughter which is a 2nd Degree felony in Texas with a punishment from 2-20 years in prison and a fine not to exceed 10k.

 

 

Sec. 19.02. MURDER. (a) In this section:

(1) "Adequate cause" means cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection.

(2) "Sudden passion" means passion directly caused by and arising out of provocation by the individual killed or another acting with the person killed which passion arises at the time of the offense and is not solely the result of former provocation.

 

All in all Im saying the father did in fact commit a crime according to the books, from the majority of responses on here I can only gather that if one were to get into an accident to where another party may be injured you need to make sure you are condition 1 and ready to draw before seeing if you can offer help.

 

Sad thing for everyone involved and I will be praying for both families.

Edited March 24, 2013 by ~48_South~

[TMF]

I didn't know that temporary insanity wasn't a defense in Texas. Like I said, I'm not a lawyer.

[Mike.357]

I absolutely blame the parents. While they aren't criminally responsible they sure as hell are responsible for raising a sorry POS. No remorse for them whatsoever. Their son is worm food and deserves to be; his grave is a monument to their failure.

 

 

I dunno about any god,but I heard this once.

 

There but for the grace of God go I.

[Mike.357]

Nor am I,however I thought I would look up the laws on the books in Texas Im sure the father would fall under one of the 2 what I assume to be defenses to murder below. Which would maybe get him down to manslaughter which is a 2nd Degree felony in Texas with a punishment from 2-20 years in prison and a fine not to exceed 10k.

 

 

Sec. 19.02. MURDER. (a) In this section:

(1) "Adequate cause" means cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection.

(2) "Sudden passion" means passion directly caused by and arising out of provocation by the individual killed or another acting with the person killed which passion arises at the time of the offense and is not solely the result of former provocation.

 

 

Acting in passion was the first thing I thought of when I read what happened.    I am not so sure of what you charge Dad with. 

[TMF]

I dunno about any god,but I heard this once.

There but for the grace of God go I.

And I have heard this one:

"Sh** in, sh** out."

[Caster]

And I have heard this one:"Sh** in, sh** out."

I imagine you're right. I imagine he come from a trash family therefore it is as you say. ...or as,one of my favorites; If there's something wrong with the bitch, there's something wrong with the pup. Edited March 24, 2013 by Caster

[DaveS]

 I mean the dad walked home got a gun returned to the scene and shot the guy, that is definitely premeditated in my book,

Where did you get this info? I read th OP's link several times and did not see this information.

 

Dave S

[Dennis1209]

Problem is...

 

Citizens with TGO members views would be weeded out by the prosecutor during the potential jury selection process. Talking to people I've come to the conclusion maybe only 1 in 30 have even heard the term "jury nullification" much less know its meaning.

 

How many of you have ever had jury duty and the judge told you the actual power a jury has and your options and rights as a juror?

[Dolomite_supafly]

Where did you get this info? I read th OP's link several times and did not see this information.

Dave S

Perhaps he was speculating.

Perhaps the driver was attempting to flea the scene after killing the kids and the father was preventing the killer from leaving.

It wouldn't take much to squish the kids to death. The car could easily be drive able afterwards.

Dolomite

[~48_South~]

Where did you get this info? I read th OP's link several times and did not see this information.

 

Dave S

http://www.cbsnews.com/8301-504083_162-57568871-504083/david-barajas-texas-man-charged-in-fatal-shooting-of-suspected-drunk-driver-who-killed-his-sons-authorities-say/

 

That isnt the exact link I read yesterday but its close enough, I just googled the fathers name trying to find more information on what happened. It says the driver had blood alcohol lvl of .175 which I think is suppose to be big time under the influence from what I understand but I know nothing about all of that.

[DaveS]

http://www.cbsnews.com/8301-504083_162-57568871-504083/david-barajas-texas-man-charged-in-fatal-shooting-of-suspected-drunk-driver-who-killed-his-sons-authorities-say/

 

That isnt the exact link I read yesterday but its close enough, I just googled the fathers name trying to find more information on what happened. It says the driver had blood alcohol lvl of .175 which I think is suppose to be big time under the influence from what I understand but I know nothing about all of that.

OK, thanks for the info.

 

Dave S

[10-Ring]

I absolutely blame the parents. While they aren't criminally responsible they sure as hell are responsible for raising a sorry POS. No remorse for them whatsoever. Their son is worm food and deserves to be; his grave is a monument to their failure.

 

So have you ever known a delinquent person, or parents of a delinquent person?  In a lot of cases I would say that you are right but certainly not all.  I've known delinquents that came from great families and had brothers and sisters that turned out to be great successes.  Sometimes people have a bad streak in them from birth.