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David Barajas, Texas man, charged in fatal shooting of suspected drunk driver who killed his sons, authorities say

David Barajas CBS Houston/Brazoria County Sheriff's Office

(CBS/AP) HOUSTON - Authorities said Monday that a Texas father was charged with murder in the fatal revenge shooting of a suspected drunk driver who killed two of his children in a car crash, CBS Houston reports.

David Barajas, 31, and his sons, 12-year-old David Jr. and 11-year-old Caleb, were about 50 yards away from their Houston-area home on Dec. 7, 2012 when a car crashed into them. David Jr. died at the scene, while Caleb died later at a hospital.

Barajas suffered non-life-threatening injuries, according to CBS Houston. His wife, Cindy, was in the truck when it was hit, along with the couple's 8-year-old daughter and 3-month-old son.

Barajas was driving with his family when their truck broke down near Alvin, about 30 miles southeast of Houston. He and his two sons attempted to push the truck when 20-year-old Jose Banda rear-ended their vehicle, CBS Houston reports.

The Brazoria County Sheriff's Department said Banda was intoxicated at the time of the crash. His blood alcohol concentration was reportedly at 0.175, above the legal limit, according to the station.

Neighbors said they heard gunshots minutes after the crash and Banda was later found shot in the head. He was flown to a medical center where he died of his injuries, CBS Houston reports. His death was ruled a homicide.

Brazoria County sheriff's investigator Dominick Sanders said Monday that witnesses told authorities they saw Barajas walk to his home right after the crash and then return a few minutes later and approach Banda's vehicle. Evidence showed one shot was fired, Sanders said.

"Every time we would pursue a lead, it always came back to Mr. Barajas," Sanders said. "We have numerous statements placing him there at the car in close proximity to the victim at the time the gunshot was fired."

Barajas was indicted for murder Friday and turned himself in Sunday. He was held Monday in the Brazoria County Jail on a $450,000 bond.

A search of Barajas' home found ammunition that is consistent with the bullet that killed Banda, but authorities have not located the weapon used in the shooting, Sanders said. He added that the case is "going to be much more difficult if we don't have a weapon."

Gunshot residue tests were done on both Barajas and Banda, and authorities are still waiting for those results, Sanders said.

Investigators also are awaiting DNA test results of some "biological material" that was found at the scene. Sanders declined to elaborate on the material that is being tested.

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