Trial begins against father accused of killing drunk driver

ANGLETON, TX (KTRK) -- A Brazoria County father is on trial accused of killing a drunk driver who struck and killed his two sons.

It's shaping up to be a complex trial with both sides facing a big issue. If David Barajas didn't do it? Then who did?

He's accused of taking the law into his own hands after a drunk driver killed his two sons.

Trial is getting underway in Brazoria County as David Barajas stands accused of murder. Authorities say his family was driving on County Road 144 in December of 2012 when their truck ran out of gas. He and his sons got out to push. They were hit by another vehicle.

Investigators say that driver, Jose Banda, was drunk. They claim David Barajas then ran around the corner to his home, got a gun, came back, and shot Banda in the head. But Barajas' wife, who was there the night of the incident, says that never happened. She says he was trying to save the lives of their sons.

"Nothing can be replaced and them trying to take my husband away from me after my kids being gone, accusing him of something he didn't do. I just don't think its right," said David's wife Cindy Barajas.

Barajas' attorney says there are no eyewitnesses supporting prosecution claims and that the gun used to kill Banda has never been found. Prosecutors would not talk about the case today.

Opening statements are set for tomorrow. Barajas could got to prison for life if convicted.