Posted: Thu, August 28 2014 at 4:09 PM, Updated: Thu, August 28 2014 at 4:11 PM
(NBC News) A Texas father accused of gunning down the drunk driver who killed his two sons shortly after the accident has been acquitted of murder.
The jury took just three hours to announce its verdict in the trial of David Barajas.
Barajas and his two young sons were pushing their truck down a road just a few hundred feet from their home in December of 2012 when they were struck by a vehicle driven by Jose Banda, Jr., who was intoxicated at the time of the crash.
Prosecutors alleged that Barajas returned to his home during the chaos that followed the wreck, retrieved a gun and shot Banda to death, however there were not witnesses and a weapon was never found.
Barajas denied shooting Banda and said his only focus at the time was trying to save his sons.
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