Let's hope he gets a judge who can explain the rule of law to the jurors in such a way that they clearly understand their duty.
Based on the evidence presented in the story, he is a murderer.
Do you have any children?
A plea of temporary insanity from grief and rage is not completely out of the question here.
"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."
Everytime I read this, I got confused, the only "
victim" in this tragedy I could see were the two sons and the father, yet this article was referring to the slain drunk as a "victim."
Although what he did was unquestionably a hasty act of rage, and he probably should have restrained himself, there is probably not a parent that would condemn what he did knowing how ineffective and corrupt our system has become. Granted, there are laws on the books to deal with this sort of situation, however, the only thing a jury will see, is a young kid just starting out in life that made a tragic mistake. A good lawyer will bring in all the 20 year old's friends, relatives, mother, girlfriend, etc., and the jury will not think of the grieving family and the slain children, but of the stupid mistake and the lost innocence of the 20 year old "boy." That is what the lawyer will make the 20 year old look like. . . just a kid.
We parents know better. We know what that punk ass kid right out of his teen year does when his family is not around. We know what he does when he is not at school or at work, he is acting like a stupid idiotic, not giving a damn or caring about a soul in the world but himself. His childhood IS OVER. And that father not only saw that he stole the childhood of his own children because of Jose's selfishness, he stole their lives. This is something that the jury just won't give a damn about, because that life is gone, and it won't come back. So nobody cares now. Life moves on. Society has to deal with the young that are left. Mistakes are made, and the STATE doesn't want to pay for supporting Jose living in an institution his whole life for being selfish and drinking and driving. . . Most STATES support the concept of "rehabilitation."
http://www.madd.org/laws/law-overview/Vehicular_Homicide_Overview.pdf
So the younger you are? The lowest minimum sentence will be applied on these guild-lines per your state. Then think about if you had two sons, and think about if that seems like justice to you. I can tell you as a father of an eleven year old, if I owned a gun? Nope, it would not seem like justice. Not by a long shot. I had spent for more love, more capital, and more of my life invested in raising my boys than that idiot would do spending time thinking about what he did.
But I am smarter than that. If I was insane with grief and rage and motivated by vengeance to do something that vile, stupid and nasty; I would probably snap the fuckers neck. This way, when the police came, even if they did suspect foul play, they probably would just turn their heads and wouldn't give a flying ****. A bullet needs to be investigated, bullets don't just appear in car wrecks. Broken necks?