Father who shot drunk driver who killed children cleared of murder charges

TEXAS (NEWSCHANNEL 3) - A father who police say shot and killed the drunk driver who killed his two children has been cleared of murder charges.

David Barajas and his sons, 12-year-old David Junior and 11-year-old Caleb, were on an unlit road in Texas in December 2012. The three were pushing a truck down the road that had run out of gas.

The drunk driver came down the road slamming into the boys, killing them both.

That night prosecutors believe Barajas shot the driver, 20-year-old Jose Banda, killing him.

"What the defense did in this case, which I think was very clever, was they didn't exactly say he had it coming, he deserved it. They gave the jury an opportunity to acquit on the evidence before them," said CNN Senior Legal Analyst Jeffrey Toobin.

A witness testified he saw Barajas leave the scene and come back later, putting his head into Banda's car.

The witness said they shortly heard a gunshot later.

Nobody ever saw the actual shooting and the gun was never found.

The defense was able to convince jurors that Barajas could not be convicted of murder beyond a reasonable doubt.