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If you look at how, and why the accident happened, alcohol could have made no difference. The accident happened late at night, Barajas and the two Sons were pushing the disabled pickup truck.
Could the vehicle's lights be seen? I think not, with three people behind it.
We are not shown where the accident happened, or what other vehicles were around, or many other variables that could have contributed to the circumstances.
The article doesn't even say from what direction the truck was hit.
If the two boys were pushing the disabled truck, I think it is reasonable to presume they were pushing it from behind the vehicle. It does not matter if they were on the side of the road, or in the middle of the road, or even whether the other driver could see them. If he could not stop in time then 1) he was driving too fast for the conditions, and 2) he should have put his own vehicle into the ditch, a tree, another parked vehicle, ANYTHING else but into those two boys.
A good argument can be made that if one takes a life, even by accident, then their life should be forfeit.
An irrational decision that will cost his daughters the presence of their father.
He did make the decision to retrieve the weapon, come back, and use it.
The driver wasn't going anywhere, and taking a few deep breaths would have made a world of difference.
His son died at the hospital.
How many precious seconds were wasted that could have been used getting him medical attention because Barajas thought that killing the driver was a higher priority?
I'm with Harrier on this one. His time would have been better spent with his precious son and not carrying out his version of justice.
Thing is, I don't see it as unreasonable to restrict driving drunk. While all your faculties are there while drinking, your motor reflexes are toast. There have been numerous tests with a 0% success rate for people at a given point of intoxication. Now, how "much" that is really depends, so I think the legal limit as a blanket law is an issue, but the fact remains, nobody can function at normal speeds while at that point.
It isn't like talking on a cell phone, or texting, etc... which can all be done with responsible and defensive driving techniques, alcohol impairs the motor reflexes consistently.
Bull ... you cannot responsibly drive a freaking car and text on a damned phone
Secondly, I know of no way to give a dead man a field sobriety test to determine intoxication.
You people scare me with this idiocy .... I mean, you are the people who serve on juries and might be called upon to decide the fate of people's lives ... and that's a frightening thought, given the obvious inability for rational thinking.
I'm going to tell you a story that happened to me one night ... maybe this will give you people a freaking clue. Many years ago, when I was about 24, I worked late one night ... stopped off for a sandwich and a couple of beers at a local joint on the way home. I was about a mile from home, on a very dark rural, single lane road, doing the 45 MPH speed limit. It was misty rainy and very dark ... and through nothing short of a total miracle ... I saw a tiny flicker of light coming from the center of my lane about 50 yards ahead, so I slowed down and then had to slam on the brakes completely ... coming to a full stop literally 1 foot from an elderly couple helping each other across the road to check their freaking mailbox of all things, at 11:00 pm. Both were dressed in dark clothing, black raincoats, and a black umbrella that was slanted toward me, and covering them entirely. And even as I was coming to a stop, I still could not see them 10 yards in front, because they blended right in with the black roadway, and they had no clue I was even there ... I mean, they couldn't have been looking because the umbrella prevented them from looking in my direction. The only thing that prevented their death that night was the small metal tip of of that umbrella that reflected a momentary flash of ambient light that caught my eye, else I never would have seen them at all until I hit them, and that's a fact. And anything could have prevented me from seeing that tiny flicker of light ... I could have been changing the radio station, or blinded from the oncoming head lights of another car coming toward me ... anything could have kept me from detecting them in the middle of the road. So, if I had hit them, you people think that not only would I have been at fault, but I would have deserved to die, too? What planet are you people from?
The reality is, that elderly couple had no business in the middle of a dark road, crossing the road without looking and making sure it was safe. It was their responsibility to see me ... you know .. the car with the headlights on? They were almost impossible to see, and no one would have been at fault for hitting them. Likewise, this man had no business pushing his freaking broken down truck on a dark road late at night ... and certainly had no business having his young sons out there helping. It's crazy stupid to do such a thing .. and just as stupid not to realize how stupid it is.
A good argument can be made that if one takes a life, even by accident, then their life should be forfeit.
That is why we have a legal system, it is best that the courts make the determination. The courts will end up determining the fate of the shooter ,or maybe the deceased driver's relatives should also take law into their own hands?
There is no shortage of irresponsible DWI's causing loss of lives and devastating families, the last thing we need is for individuals to take the law into their own hands.
Bull ... you cannot responsibly drive a freaking car and text on a damned phone
Secondly, I know of no way to give a dead man a field sobriety test to determine intoxication.
You people scare me with this idiocy .... I mean, you are the people who serve on juries and might be called upon to decide the fate of people's lives ... and that's a frightening thought, given the obvious inability for rational thinking.
I'm going to tell you a story that happened to me one night ... maybe this will give you people a freaking clue. Many years ago, when I was about 24, I worked late one night ... stopped off for a sandwich and a couple of beers at a local joint on the way home. I was about a mile from home, on a very dark rural, single lane road, doing the 45 MPH speed limit. It was misty rainy and very dark ... and through nothing short of a total miracle ... I saw a tiny flicker of light coming from the center of my lane about 50 yards ahead, so I slowed down and then had to slam on the brakes completely ... coming to a full stop literally 1 foot from an elderly couple helping each other across the road to check their freaking mailbox of all things, at 11:00 pm. Both were dressed in dark clothing, black raincoats, and a black umbrella that was slanted toward me, and covering them entirely. And even as I was coming to a stop, I still could not see them 10 yards in front, because they blended right in with the black roadway, and they had no clue I was even there ... I mean, they couldn't have been looking because the umbrella prevented them from looking in my direction. The only thing that prevented their death that night was the small metal tip of of that umbrella that reflected a momentary flash of ambient light that caught my eye, else I never would have seen them at all until I hit them, and that's a fact. And anything could have prevented me from seeing that tiny flicker of light ... I could have been changing the radio station, or blinded from the oncoming head lights of another car coming toward me ... anything could have kept me from detecting them in the middle of the road. So, if I had hit them, you people think that not only would I have been at fault, but I would have deserved to die, too? What planet are you people from?
The reality is, that elderly couple had no business in the middle of a dark road, crossing the road without looking and making sure it was safe. It was their responsibility to see me ... you know .. the car with the headlights on? They were almost impossible to see, and no one would have been at fault for hitting them. Likewise, this man had no business pushing his freaking broken down truck on a dark road late at night ... and certainly had no business having his young sons out there helping. It's crazy stupid to do such a thing .. and just as stupid not to realize how stupid it is.
Often, pedestrians are found to be at fault in these type of accidents - wearing dark clothing; dark night; no streetlight, in the middle of the road, et.
However, all that is thrown out the window if the driver was drinking. It could very well be that this driver could not have avoided this incident even while sober - but, that probably will not be assessed, given that he WAS drinking.
If the two boys were pushing the disabled truck, I think it is reasonable to presume they were pushing it from behind the vehicle. It does not matter if they were on the side of the road, or in the middle of the road, or even whether the other driver could see them. If he could not stop in time then 1) he was driving too fast for the conditions, and 2) he should have put his own vehicle into the ditch, a tree, another parked vehicle, ANYTHING else but into those two boys.
A good argument can be made that if one takes a life, even by accident, then their life should be forfeit.
Did you read my post?
If he couldn't see them, he couldn't have stopped in time, because he wouldn't have seen them, and known he need to avoid them.
I am sure that some will argue that because the driver was drunk that it wasn't accidental, but from what is reported in the story, we don't know that Barajas knew that.
What if Banda's car had experienced a brake malfunction? Is Barajas justified in going berserk, walking to his home, retrieving a weapon and killing Banda?
Also, why wasn't he seeking medical attention for his son instead of playing vigilante?
This entire thread you have sat back on your high horse, and pronounced the father, who saw he sons killed before his eyes, was acting in a calm and rational manner. You even claimed he committed and act of "cold-blooded murder" when anyone who has any empathy at all would realize the man might just have been in a completely irrational state of mind and overcome with an overwhelming amount of grief.
Often, pedestrians are found to be at fault in these type of accidents - wearing dark clothing; dark night; no streetlight, in the middle of the road, et.
However, all that is thrown out the window if the driver was drinking. It could very well be that this driver could not have avoided this incident even while sober - but, that probably will not be assessed, given that he WAS drinking.
I know what you are saying though.
It happened to NFL WR Donte Stallworth. He hit a pedestrian that crossed a 4 lane highway and even though there wouldn't have been enough time for a sober person to stop, because he blew over the limit he was charged with involuntary manslaughter.
Every day people are faced with offenses, sometimes real, sometimes as severe as what happened to this unfortunate man, sometimes imaginary, or offensive only to a person of a particular sensibility. For instance, in Saudi Arabia or Pakistan the dishonor of having your daughter seen kissing a man in public would be so unbearable that it would be universally recognized as requiring you to kill her.
Nevertheless, the nature of living in a human society means that we must resist the urge to use violence against people who have offended us in large ways and small; the authority to take action is vested in our communal identity, the state, and not in us as individuals.
How is anyone who kills in revenge better than the killer?
Or perhaps more importantly, how is anyone who carries the hatred and desire for revenge for many years happier than someone who doesn't?
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