Aidala Bertuna & Kamins | Attorneys At Law
Schedule a Consultation
800.410.4804

Lack of evidence likely to hamper prosecution's case in murder trial

In any criminal case, a conviction of a defendant hinges on the prosecution's ability to prove beyond a reasonable doubt that a defendant committed the crime of which he or she is accused. Therefore, the prosecution's case relies heavily on the existence of evidence. When it comes to criminal cases involving violent crimes and those that involve weapons, the prosecution must rely upon evidence including DNA, discovery of a weapon, eye witness accounts and the existence of a motive.

This coming Monday, the murder trial in which a 32-year-old father named David Barajas is the defendant, will begin. The case involves a tragic fatal car accident in which the lives of the man's two sons, ages 11 and 12, were taken. In the wake of losing his two sons, the man is accused of shooting the drunk driver who was responsible for their deaths. However, the prosecution's case against the man is severely weakened by a lack of evidence.

On Dec. 7, 2012, the pickup truck in which Barajas and his two sons were riding ran out of gas. As the father and sons attempted to push their truck down the road towards their home, a vehicle driven by a 20-year-old man named Jose Banda crashed into the boys. Both children subsequently died, one at the accident scene and one at a nearby hospital. Shortly after the fatal motor vehicle accident, Banda was shot in the head and killed.

Prosecutors in the case insist an angry and distressed Barajas was the shooter. They contend that, in the wake of the accident, Barajas ran the short distance to his home to retrieve a gun which he then used to kill Banda. Police investigators, however, have been unable to locate the weapon used in the crime. Additionally, Barajas' defense attorney insists his client does not own a gun and "gunshot residue tests done on Barajas came back negative." Additionally, witnesses have not been able to identify Barajas as the individual who shot Banda.

As the Barajas murder trial progresses, we'll continue to provide reports and updates.  

Source: ABC News, "Texas Man on Trial for Allegedly Slaying Driver Who Killed His Sons," Ryan Owens, Aug. 18, 2014

Source: ABC News, "Texas Man on Trial for Allegedly Slaying Driver Who Killed His Sons," Ryan Owens, Aug. 18, 2014

For more information about Michael Jaccarino, visit his Attorney Profile Page, Facebook, LinkedIn, or Google+ Page. 

No Comments

Leave a comment
Comment Information
Watch Us On Screen

Arthur Aidala and Marianne Bertuna are familiar faces onscreen. But it is in the courtroom where their knowledge and their effective defense is most impressive.

They and associates Michael Jaccarino may be the difference for you when you are charged with a serious state or federal crime.

New York Office
546 5th Avenue, 6th Floor
New York, NY 10036

Toll Free: 800-410-4804
Phone: 917-200-0269
Fax: 212-750-8297
New York Law Office Map

Brooklyn Office
8118 13th Avenue
Brooklyn, NY 11228

Toll Free: 800-410-4804
Phone: 917-200-0269
Fax: 718-921-3292
Brooklyn Law Office Map