NOT GUILTY: Texas dad accused of murdering drunk driver who killed his sons ...

Patric Schneider/AP David Barajas, front, lost his sons David Jr., 12, and Caleb, 11, in a drunk-driving accident.Brazoria County Sheriff's Office If convicted, David Barajas faced a potential life sentence.Patric Schneider/AP David Barajas' wife Cindy talks with members of the media at the Brazoria County Courthouse as the jury deliberates on Wednesday, Aug. 27, 2014, Angleton, Texas.

A grieving dad has escaped a possible life sentence after a Texas jury acquitted him of shooting the drunk driver who killed his young sons.

David Barajas, 32, broke down in tears as the 'not guilty' verdict was read in an Angleton court on Wednesday.

Prosecutors had tried to prove the father was the gunman who killed 20-year-old Jose Banda in a fit of rage back in Dec. 2012, but there was little physical evidence tying Barajas to the crime.

In addition, the prosecutors faced an overwhelming amount of jury sympathy for the dad, who lost his 12-year-old son David Jr. and 11-year-old son Caleb in the accident. Barajas also had the support of many residents of his town of Alvin, which is about 30 miles outside of Houston.

Barajas and his two boys had gotten out of their broken-down truck just a few yards away from their home. They were attempting to push the vehicle, when the allegedly drunken Banda plowed into them.

RIP Jose Ines Banda Jr/via Facebook

Prosecutors claimed that the dad retrieved a gun from his home and returned to shoot Banda.

But defense attorney Sam Cammack maintained that Barajas was an innocent man who had never even owned a gun. Gunshot residue tests taken from Barajas came back negative.

Cammack pinned the blame on Banda's own cousin or half-brother, who told investigators they witnessed the crash but fled the scene. The two relatives claimed they were innocent.

The gun used in the shooting was never found. Prosecuters were also unable to present witnesses who could positively identify Barajas as the shooter. In fact, prosecution witnesses told jurors during Cammack's questioning that more gunfire had taken place after Banda was shot - pointing to the possibility that the actual shooter was still at large.

Patric Schneider/AP

A forensic scientist testified that blood found in Banda's car appeared to belong to Barajas.

Barajas expressed relief on Wednesday after the trial.

'I am relieved but still in pain. My two boys are dead and nothing will bring them back,' Barajas told KTRK during a news conference.

With News Wire Services

from Google News http://#

via IFTTT

Tweet