The Brazoria County Sheriff's Office said authorities responded to CR 144 near CR 712c for a vehicle accident on December 7, 2012 around 11:30 p.m.
When officials arrived at the scene, deputies found a disabled Ford F-250 pickup truck was being pushed down the road by David Barajas and his two young sons with the mother and two small children were inside.
Authorities said that a 2000 Chevrolet Malibu passenger car crashed into the rear of the pickup. David Barajas suffered non-life threatening injuries while one of his sons, 12-year-old David Barajas died at the scene. The other son, 11-year-old Caleb Barajas was airlifted to a hospital where he later died.
The driver of the passenger car, 20-year-old Jose Banda, which crashed into the family's pickup truck was found with a single gunshot wound to the head. He was also airlifted to a hospital where he later died.
“I’m not going to be the same no more because he was everything in this house for me,” said Jose’s mother, Maria Banda. “He was my life.”
Officials said Banda was intoxicated at the time of the crash. His Blood Alcohol Concentration was .175.
“It wasn’t like it was planned,” said Jose’s brother, Antonio Rodriguez. “Those boys were right there and it was something that happened. It’s not like he was going to run. He was willing to do the time.”
Investigators said no weapons were recovered at the scene. They interviewed several witnesses who were present at the scene of the accident. Those witnesses said David Barajas was observed walking away from the scene of the accident, towards his home shortly after the crash. Those witnesses also reported seeing David Barajas return to the scene and approach Jose Banda's car when the gunshots were fired.
Brazoria County investigators executed a search warrant at the Barajas’ home. Inside the residence, they found a handgun holster and ammunition, but a gun was not found.
David Barajas has been arrested for the murder of Jose Banda. His bond was set at $450,000.