Prosecution wrapping up in David Barajas trial

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Monday, August 25, 2014
Trial continues in David Barajas trial
David Barajas is accused of killing the drunk driver who caused a wreck that killed his sons

ANGLETON, TX (KTRK) -- Prosecutors could wrap up their case against a father accused of shooting and killing a drunk driver who investigators say caused a crash that killed his two children.

David Barajas is on trial for the murder of Jose Banda.

"He's holding up. So is his family," said Barajas' attorney, Sam Cammack. "They had some rest this weekend and we're ready to get started today."

Banda's aunt, Maria Telled, says Banda's mother will never recover from losing her son.

"Sometimes she'll go to the store and she'll buy a drink for her son," she said. "Then she remembers that he's gone."

Investigators have been unable to find a gun.

But on Monday, Lt. Chris Anderson told jurors, "It's the totality of the investigation."

He testified he found a gun holster and a pack of bullets at the Barajas home. Plus, he told jurors that someone had disabled the Barajas video surveillance system.

Defense attorneys claim investigators jumped to conclusions.

Cammack asked, "Did you ever try to develop any other suspects in this case?"

Anderson answered, "Had one come about, we would've gone in every direction we needed to."

But this is an emotional case. Both families have experienced loss, and it was no surprise when Barajas returned from lunch wearing a pin depicting his two sons as angels in heaven.

"I just think the evidence is progressing like we expected it to," Cammack said.

Telled said she hoped "for more evidence to come out so that he could be prosecuted and go to prison."