revenge for the death of two children causing you to abandon two more because of a conviction. Sad. THis is a heat in the moment type crime though. Similar to the one the drunk driver did. THey should convict this man of manslaughter.
How did he know he had been drinking? Gave him a breathalizer first? Once you drink, you make stupider decisions, and you know the odds are in your favor that you will make it home safely.
I don't think I would have killed the guy, but I can't say I blame the guy for doing so. However, everyone makes mistakes... and this guy's mistakes happened to cost this father his two children. Taking the law in to his own hands wasn't the right thing. I'm conflicted like most people. With that said, I have no doubt the father knew what he was doing and he was okay when making the decision that he'd take the jail time to exact revenge. Reminds me of this story - <iframe width="420" height="315" src="http://www.youtube.com/embed/Oi3Hyxuf5AE" frameborder="0" allowfullscreen></iframe>
Besides which, he only used a gun because he had access to one. If he had no gun, he'd probably throttle the driver or break his head with a rock. Given the provocation and his relative advantage over a guy dazed by a car accident, there was probably no saving the drunk driver no matter what the law was. I don't think this is a case that is useful for examining gun laws at all. I understand they had to charge the guy. But, I hope his punishment is light, mitigated as a crime of passion.
The biggest thing going against that defense is that he went to his house to get the gun and then came back. Turns out his wife and other 2 kids were in the truck.
Sad. Not his place to kill the guy but can't say I fault him. If I were on the jury, evidence be damned, i'd be saying not guilty. The other kids need a father.
He walked back to his nearby house, took the gun, walked to the drunk guy again, and shot him. That's a lot of time. OTOH, the graity of his two sons death caused by the drunk driving may show that he was still the heat during time. Wishing the best for him.
Not a father yet, but can't say I blame him. Should have just bashed the guys head against the dashboard a few times and make it look like he died in the crash. Or pay someone in prison to rape and murder him.
There is really nothing in this world that would hurt me more than those causing harm or even worse to my son.
Crime of passion or not, it's still a crime. But the crime of passion argument has worked to great effect in Texas in the past to greatly reduce sentences. Still, the grand jury can't let him walk with no charges. And a jury probably can't let him walk with no punishment at all.
I probably would have done the same. But you gotta live with the consequences I guess. Hope he at least gets the lesser charge of manslaughter. Or would it be murder or nothing?
From the article: [rquoter]Sanders said grand jurors rejected a "crime of passion" defense because Barajas had time to reflect about what he was planning to do when investigators contend he went home to get a gun.[/rquoter] They didn't have to indict him on murder charges.
I see what you mean. True, they could have done manslaughter or whatever. Even so, it would be something that comes up at sentencing and will probably sway the jury.
I think we see a plea bargain in this case. It is really a tough call. I have no idea what I would consider a reasonable punishment for his crime.
