HOUSTON (CBS Houston) A father was arrested and charged in connection with the fatal shooting of a motorist who killed his children.

On December 7, 2012, at about 11:30pm, David Barajas  and his family were driving on County Road 144 in Brazoria County with his family when their truck broke down. Barajas and his two sons, David, 12, and Caleb, 11, attempted to push the truck when a car rear-ended their vehicle.

One of Barajas’ sons died at the scene, and the other was flown to a hospital in the medical center; he was later pronounced dead. Barajas suffered non life threatening injuries.

Twenty-year-old Jose Banda, the motorist of the car which crashed into the Barajas family’s pickup truck, was shot once in the head and was also flown to the medical center, where he later died of his injuries. It was later determined that Banda was intoxicated at the time of the accident. His blood alcohol concentration  was recorded to be that of 0.175, according to officials with the Brazoria County Sheriff’s Department.

Eyewitness accounts stated that Barajas walked away from the scene of the accident and towards his nearby home, shortly after the car accident. He then returned to the scene, approached Banda’s car and it was then that gunshots were heard.

A handgun holster and ammunition inside the Barajas home was found but no firearms were located at the residence.

Thirty-one-year-old Barajas faces a murder charge in the death of Jose Banda. He was arrested and processed through the Brazoria County Detention Center; he sits in jail under a $450,000 bond.

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