There were celebrations in court as a jury found a father still reeling from the death of his children not guilty of murdering their killer.

Caleb (left) and David Jr who were killed by a drunk driver

Caleb (left) and David Jr who were killed by a drunk driver

David Barajas was standing trial for the murder of Jose Banda. The court heard how Barajas’s car had run out of fuel and was being pushed home by his sons 12 year-old David and Caleb aged 11. Jose Banda, driving under the influence of alcohol, crashed into the back of the Barajas family car, crushing David Jr and Caleb and killing them.

The prosecution claimed that David Barajas then returned to his home, collected his gun and returning to the scene, shot Banda, killing him with a single shot to the head.

Barajas denied the crime and his defence team pointed to the fact that the police had been able to find any weapon, nor was there any gunshot residue on Barajas’s hands. There was cheering in the Houston court, in Texas, as Barajas was acquitted.

Leaving the court, Barajas spoke to reporters, saying: “I thank God. This has been hard on me and my family. A lot of weight’s been lifted of my back. I’m hurt about it. It hurt me from the beginning, on top of the hurt that I was already feeling because of my sons.”