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David Barajas (pictured), 31, has been charged with the murder of Jose Banda, 20, a drunk driver who plowed into his two sons as they pushed a vehicle on a rural Texas road, reports the Daily Mail.

After their truck ran out of gas about 30 miles from their Houston home, David Jr., 12, and Caleb, 11, were helping their father push it and were about 50-yards away when Banda crashed into them from behind.

David Jr. died at the scene from his injuries; Caleb was air-lifted to a hospital where he later succumbed to his injuries. Banda was found at the scene with a gunshot wound to the head. The police ruled it a homicide.

Read more from the Daily Mail:

The Harris County Medical Examiner said just moments after the fatal crash, Banda died from a gunshot wound to the head.

Police said no weapon has been recovered at the scene, but shots were heard after the crash.

Janie Tellez, Banda’s aunt, came to her nephew’s defense, demanding that his killer be arrested and prosecuted to the full extent of the law.

‘It was an accident. He didn’t purposely do that,’ Tellez told ABC13. ‘Whoever did it is getting away with murdering my nephew. He deserves justice.’

Brazoria County sheriff’s investigator Dominick Sanders said Monday that witnesses told authorities they saw Barajas, right after the crash, walk to his home and then return a few minutes later and approach Banda’s vehicle.

Evidence showed one shot was fired, he said.

‘Every time we would pursue a lead, it always came back to Mr. Barajas,’ Sanders said. ‘We have numerous statements placing him there at the car in close proximity to the victim at the time the gunshot was fired.’

Before Barajas was arrested, fingers were already being pointed at his family for Banda’s death; but without a gun, no charges were made. Though the weapon still has not been found, ammunition that matched the one bullet wound to Banda’s head was found at his home.

After he was charged with murder, he willing turned himself in and is being held on $450,000 bond.

Barajas’ wife, Cindy, along with the couple’s 8-year-old daughter and 3-month-old son, were in the truck at the time of the crash.

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