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Drunk driver kills 2 boys. Dad kills drunk driver. Swift justice served.



Cheeky Monkey

Well-known member
Jul 17, 2003
23,868
He'd have been better off doing this:

Drugging and kidnapping someone who’s ****ed you over and taking them to a back street operating theatre, where the cream of the struck off, medically disbarred surgeons will remove their arms to the shoulder blades and legs to the crotch under general anesthetic, one limb at a time, expertly and carefully so that the arteries that serve the legs and arms can be properly clamped and sealed to prevent loss of life and when that’s done the skin is grafted back over the gaping holes where the ****er’s limbs used to be. After that there are many ways to go. You could dump the head and torso in a dustbin on the street before they regain consciousness, or keep them in their recovery bed until they come round and then smile and tell them it was all a great success and wave at them using one of their arms or kick them in the crotch with one of their legs and then bend over and fart in their face.
 






Mowgli37

Enigmatic Asthmatic
Jan 13, 2013
6,371
Sheffield
This whole subject is a sticky situation because on one side you have the people who back the guy for killing the drunk driver and you've got the side that would rather have him rot In jail. Either way I'm staying out of the subject.

Staying out of it by posting on the thread...riiiiiiight...

Let him (the drunk driver) live with the guilt of what he has done. It would take an absolute head case to not feel remorse for what he had done.
 


Mowgli37

Enigmatic Asthmatic
Jan 13, 2013
6,371
Sheffield
Two wrongs don't always make a right. Granted.

But in clear cut cases such as this the act of retribution, I think, can be excused.

When is a killing ever clear cut? And lets say that cases of 'just' killings begin to be regularly waved away, where does the justice system draw the line?
 










Steve.S

Well-known member
May 11, 2012
1,833
Hastings
Yeh - but my point was - if he shot the driver without knowing whether he was drunk or not then there's no justification. For all he knew the driver may have been sober and lost control of his vehicle innocently.

Maybe the driver was showing signs of being drunk,maybe his breath stunk of alcohol, maybe he couldn't stand straight. We do not know. But what we do know was that he was well over the limit.
 




Mowgli37

Enigmatic Asthmatic
Jan 13, 2013
6,371
Sheffield
Yeh - but my point was - if he shot the driver without knowing whether he was drunk or not then there's no justification. For all he knew the driver may have been sober and lost control of his vehicle innocently.

I see what you mean, the report does not mention either how or where Banda's body was found. Barajas, undoubtedly stricken with grief was, if he did indeed kill the man, in a clear enough state of mind to return to his house, take his weapon, return to the site, shoot the driver and then dispose of the gun.
 




Seagull kimchi

New member
Oct 8, 2010
4,007
Korea and India
Maybe the driver was showing signs of being drunk,maybe his breath stunk of alcohol, maybe he couldn't stand straight. We do not know. But what we do know was that he was well over the limit.

True - a terribly sad affair - but it's no excuse for me. The father acted as anyone would be tempted to, but if he shot the guy without 100% knowing the driver was breaking the law then it's manslaughter at the very least.
 




Steve.S

Well-known member
May 11, 2012
1,833
Hastings
What ever happened, it was all done in a short period of time. The dad had just seen his sons killed by a drunk driver, and his reaction was to kill the person responsible. We can all sit here and judge or we can take a moment to just think if that had happened to us and it was our children. How would we react? Really do not think many people would sit there and think, here is a guy drunk, he has just needlessly killed my children, tell you what I will live this to the courts. Who knows how the drunk was reacting to the situation,
 


Mowgli37

Enigmatic Asthmatic
Jan 13, 2013
6,371
Sheffield
http://www.dailymail.co.uk/news/art...ooting-dead-drunk-driver-killed-two-sons.html

Another report on the case. This detail stood out for me:

"Another investigator, Kent Nielson, testified that he found at Barajas' house a home security system that had a missing hard drive. Investigators have said security cameras outside of Barajas' home could possibly have captured video of someone entering or leaving the home after the crash."
 


Seagull kimchi

New member
Oct 8, 2010
4,007
Korea and India
The father got off because of lack of evidence it seems. The judge would have been obliged to assert guilt otherwise, and rightfully so. Revenge killing no matter how sad the circumstances should not set precedence in countries that have a Justice system in place.
 




Steve.S

Well-known member
May 11, 2012
1,833
Hastings
True - a terribly sad affair - but it's no excuse for me. The father acted as anyone would be tempted to, but if he shot the guy without 100% knowing the driver was breaking the law then it's manslaughter at the very least.

Sorry to say but I would do the same, killing someone while drunk behind the wheel, would mean a short sentence. So if he was a young man, he would still have a life when he came out of prison.If my children had been killed needlessly I would already have a life sentence of misery,
Is it not the case that there is a footballer playing today, who caused the death of two children while over the limit. I am sure that parents would love to know that the death of their children means that the person responsible can serve their time and then make a good living afterwards.
 


Tricky Dicky

New member
Jul 27, 2004
13,558
Sunny Shoreham
A jury has cleared a Texas man of murder in the fatal shooting of a drunk driver who had just mowed down and killed the defendant's two sons.

David Barajas, 32, and his family wept with relief as the verdict was read on Wednesday, while the family of the dead drunk driver sat in stunned silence.

Mr Barajas had faced up to life in prison if convicted.

Jose Banda, 20, ploughed into Mr Barajas and his sons in December 2012, killing 12-year-old David and 11-year-old Caleb.

more here... http://news.sky.com/story/1325835/dad-acquitted-of-killer-drunk-drivers-murder

He has no right to kill the drunk any more than the drunk had to kill the boys. Neither has the state in my view.

Would I want to have done the same ? Very probably, but doesn't make it right.
 


Mowgli37

Enigmatic Asthmatic
Jan 13, 2013
6,371
Sheffield
What ever happened, it was all done in a short period of time. The dad had just seen his sons killed by a drunk driver, and his reaction was to kill the person responsible. We can all sit here and judge or we can take a moment to just think if that had happened to us and it was our children. How would we react? Really do not think many people would sit there and think, here is a guy drunk, he has just needlessly killed my children, tell you what I will live this to the courts. Who knows how the drunk was reacting to the situation,

I'd be furious, but I think my grief for the loss of my two sons would be my most pressing emotion, rather than one for vengeance. Yes we don't know what the driver was doing but I highly doubt he was gloating, whatever state he was in. The driver was only 20 years old as well don't forget. A fool maybe for what he did, but that was another young life needlessly extinguished.
 


Seagull kimchi

New member
Oct 8, 2010
4,007
Korea and India
Sorry to say but I would do the same, killing someone while drunk behind the wheel, would mean a short sentence. So if he was a young man, he would still have a life when he came out of prison.If my children had been killed needlessly I would already have a life sentence of misery,
Is it not the case that there is a footballer playing today, who caused the death of two children while over the limit. I am sure that parents would love to know that the death of their children means that the person responsible can serve their time and then make a good living afterwards.

I'm completely with you. If a guy i'd seen drinking 6 pints got in his car and killed kids - then God help him. And yes it was proven that the driver in this case was over the limit. I just feel there are a lot of grey areas in this case as we just don't know how the father knew that the driver was drunk. If we find out the driver was holding a bottle of whiskey then I'm with you.
 




Steve.S

Well-known member
May 11, 2012
1,833
Hastings
I'd be furious, but I think my grief for the loss of my two sons would be my most pressing emotion, rather than one for vengeance. Yes we don't know what the driver was doing but I highly doubt he was gloating, whatever state he was in. The driver was only 20 years old as well don't forget. A fool maybe for what he did, but that was another young life needlessly extinguished.

Still would have done it, all you are doing is making a point of law and not looking at the emotions. Do you really think a parent would be bothered after losing 2 children needlessly. The age makes a big difference, so what would he serve 6/8 years and still be a young man and maybe go on and make something of himself. No kill him that's the end of it, not be told in years to come while you are still grieving that he is doing very well for himself.
 


drew

Drew
NSC Patron
Oct 3, 2006
23,609
Burgess Hill
Obviously not condoning the fact that the victim was twice the legal limit but a bit more info about the circumstances of the crash would help. It was described as a dark rural road and presumably the two boys were at the back of vehicle pushing. Did it have any lights on? Could the same accident have happened if the driver of the other car was sober, eg they were pushing the vehicle slowly just around a bend, would someone who was sober been able to react in time. If that had been the case, would the father (assuming he did shoot the driver although not found guilty) still have killed a sober driver?

Either way, it is for the courts to administer justice.
 


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