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Prosecutor: Killing of drunk driver an ‘execution’

By WTOP Staff

JUAN A. LOZANO
Associated Press

ANGLETON, Texas (AP) — A drunk driver did not deserve “execution” by a Texas father accused of taking the law into his own hands in a fit of rage over the killing of his two sons in a wreck, a prosecutor told jurors on Tuesday.

David Barajas is accused of fatally shooting Jose Banda in December 2012, minutes after Banda plowed into a pickup truck that Barajas and his two sons had been pushing on a rural road. Twelve-year-old David Jr. died at the scene and 11-year-old Caleb died at a hospital. Barajas’ truck had run out of gas about 100 yards from the family’s home.

Barajas’ attorney told jurors his client did not kill Banda and was focused only on saving his sons.

In opening statements Tuesday in Barajas’ murder trial, prosecutor Brian Hrach told jurors Banda made a horrible decision by drinking and driving,

“He deserved severe legal punishment, but he did not deserve a public execution,” Hrach said.

Barajas allegedly left the scene of the accident, retrieved a gun from his home and returned to kill Banda.

Sam Cammack, Barajas’ attorney, told jurors Barajas never left the crash site. Cammack portrayed Barajas as a father who was desperate to help his sons and was covered with their blood after he tried to perform CPR on the boys.

“When police get there my client is doing what he was doing the whole time, trying to save his children’s lives,” Cammack said.

Dashcam video of the crash scene played for jurors Tuesday after testimony had begun brought many in the courtroom to tears. Barajas kept his head down as the video was played.

On the video, Barajas can be seen kneeling on the ground near a roadside ditch where the body of his son David Jr. had landed. A woman can be heard screaming, “My babies. Why? Oh my God, please help them.” David Barajas’ wife, Cindy, and their infant son and 8-year-old daughter had also been in the truck. They were not seriously hurt.

Legal experts said the case will be difficult to prosecute given the lack of hard evidence: no weapon was recovered, no witnesses identified Barajas as the shooter and gunshot residue tests done on Barajas came back negative.

An even greater challenge for prosecutors could be overcoming sympathy for the father. Many people in the town of Alvin where the tragedy occurred, 30 miles southeast of Houston, have supported Barajas. Some have said they might have done the same thing in a similar situation. The trial is in the county seat of Angleton, Texas.

Hrach tried to minimize the absence of a murder weapon, saying a bullet fragment from a .357 caliber weapon was found at the murder scene and an open box with .357 caliber ammunition was found in Barajas’ home.

Witnesses will testify that they saw Barajas leave the scene and then come back and approach Banda’s vehicle, going up against the car, appearing to be hiding something, Hrach said.

When 911 calls were played for jurors during testimony Tuesday, Cammack tried to suggest Barajas would not have had enough time to shoot Banda.

On one call, screaming can be heard in the background as an unidentified caller told a dispatcher a boy is “bleeding badly … he’s in half. It’s bad.”

On another call, an unidentified caller said, “There is a guy shooting at people.” The person who was shooting was not identified.

Cammack highlighted for jurors the timeline, while questioning dispatcher Grace Gambino. The first 911 call came in at 11:33 p.m., a child was reported dead at 11:34 p.m., gunshots were heard at 11:35 p.m. and police had arrived at the scene and cleared it for EMS to come in at 11:40 p.m.

If convicted, Barajas faces up to life in prison.

Testimony was to resume Wednesday.

At least 25 family members and friends of Barajas were in the courtroom, wearing buttons that said, “Forever in our hearts, David and Caleb Barajas” and with a picture of the two boys. At least 20 relatives and friends of Banda were also in the courtroom.

Before opening statements, Judge Terri Holder asked that family members take off the buttons, saying she did not want anything to influence the jury.

“This is a difficult case for everyone involved. Everyone in here has lost somebody they loved,” she said.

___

Follow Juan A. Lozano on Twitter at www.twitter.com/juanlozano70

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Don’t Settle for Student Loans to Pay for Online Education

By WTOP Staff
Online college programs are becoming a more popular choice for prospective students, with one study finding that more than 6 million students enrolled in at least one online course in fall 2015. The popularity of these courses can be attributed in part to their flexibility with working adults' schedules, students' ability to progress more quickly through online programs and, oftentimes, cheaper tuition. [See 10 low-cost online bachelor's programs for out-of-state students.]Online degrees can be beneficial to many college students, but some studies have shown online learners complete their programs at lower rates than students at traditional brick-and-mortar campuses. Individuals with student loans but no degree comprise two-thirds of defaulted borrowers. Though these numbers are not encouraging, just like for traditional programs, there are ways to reduce how much you'll need to borrow for an online program to ensure you won't become one of these statistics. Don't just settle on borrowing student loans to cover the whole cost of your program and living expenses. Instead, start thinking about how to cut costs and cover your balance in different ways, such as the following. -- Grants and scholarships: Even though you are taking an online course, you can still apply and receive grants and scholarships. But your first step should be to complete the Free Application for Federal Student Aid, commonly referred to as the FAFSA, which will allow you to receive a Pell Grant if your expected family contribution is low enough. The EFC criteria and award amounts are adjusted annually, but the 2017-2018 academic year awards range from $606 to $5,920, which could significantly lower the amount you borrow annually. Your next step is to apply for scholarships. You can start by checking online scholarship search engines, such as the Salt Scholarship Search, College Board's BigFuture and Peterson's. But don't forget to take advantage of local organizations and your school's financial aid office. Both may offer scholarships that you can't find with a national scholarship search. [Review these 10 sites to kick off your scholarship search.]For instance, organizations like the Elks Club, Knights of Columbus or the Rotary Club typically offer scholarships annually to local students. Just because you're going to school online doesn't mean you're ineligible. Visit your local library for scholarship listings, and ask around town. You might be surprised how many local organizations offer scholarships. While these scholarships typically aren't large, every little bit counts. Each dollar you receive in a scholarship is a dollar you don't have to borrow and pay interest on. -- Work-study: Another option for online students may be work-study awards. Not all students enrolled in online programs are eligible, but students at some schools -- including, for example, SUNY Empire State College and Liberty University -- are. Work-study awards are not given upfront like scholarships and grants. In most cases, they are an offer to earn up to the awarded amount if you secure an eligible work-study job. While there is a misconception that all work-study jobs must be on campus, students can work for off-campus, nonprofit or public employers as long as the work is in the public's interest. You may be able to work for a for-profit employer if the job is relevant to your course of study. No matter who the outside employer is, it will need to have an established agreement with your college for you to receive work-study funds. Remember, to be eligible for federal financial aid, you must be enrolled and pursuing a degree or certificate. If you're not working toward a credential, Pell Grants and work-study won't be option, but you may still be able to take advantage of private scholarships -- just be sure to read the eligibility criteria carefully. [Explore what to know about financial aid in online programs.]-- Pay as you go: One of the great benefits to enrolling online is the flexible schedule, which can allow you to complete your college coursework around your responsibilities. But prospective students often overlook using their part- or full-time job earnings as an option for paying for college. Almost 80 percent of college students in 2015 worked at least part time while attending classes, according to the National Center for Education Statistics. By budgeting and thinking strategically about your college costs, you can likely reduce your dependence on student loans by paying a portion out of pocket. Many -- but not all -- online programs are less expensive than traditional programs and often have shorter payment periods. Six, eight or 10 weeks are common course durations. Because of the frequency of payments in an online setting, you may be well-placed to pay as you go and possibly avoid borrowing altogether. Attending college online and avoiding student loans may be challenging, but if you are willing to put in the effort, you can limit the amount you need to borrow. More from U.S. News Q&A: Understanding Student Loan Discharge Eligibility Student Loan Refinancing Isn't Right for All Borrowers
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