Homicide

Ex-deputy: Details of gunfire after drunk driver shot following Texas crash not in report

  • This undated photo provided by Felicia Leija shows Jose Banda, 20, with his newborn daughter Alisa. Authorities say Banda was fatally shot in December 2012 minutes after he slammed into a truck that was being pushed by a father and his two sons after the vehicle had broken down. The two boys were killed in the alcohol-related accident. Investigators allege the boys’ father, David Barajas, shot Banda. Barajas’ trial is set to begin Monday, Aug. 18.  (AP Photo/Felicia Leija)

    This undated photo provided by Felicia Leija shows Jose Banda, 20, with his newborn daughter Alisa. Authorities say Banda was fatally shot in December 2012 minutes after he slammed into a truck that was being pushed by a father and his two sons after the vehicle had broken down. The two boys were killed in the alcohol-related accident. Investigators allege the boys’ father, David Barajas, shot Banda. Barajas’ trial is set to begin Monday, Aug. 18. (AP Photo/Felicia Leija)  (The Associated Press)

  • This undated photo provided by the Barajas family shows Caleb Barajas. Barajas was killed during a Dec. 7, 2012, accident near his home in Alvin, Texas as he and his brother and his father were pushing their truck on a rural road after it had broken down. Authorities say 20-year-old Jose Banda was intoxicated when he slammed his vehicle into the truck, killing Caleb and his brother David Jr. The boys’ father, David Barajas, was charged with fatally shooting Banda minutes after the accident. His trial is set to begin Monday, Aug 18.  (AP Photo/Barajas Family)

    This undated photo provided by the Barajas family shows Caleb Barajas. Barajas was killed during a Dec. 7, 2012, accident near his home in Alvin, Texas as he and his brother and his father were pushing their truck on a rural road after it had broken down. Authorities say 20-year-old Jose Banda was intoxicated when he slammed his vehicle into the truck, killing Caleb and his brother David Jr. The boys’ father, David Barajas, was charged with fatally shooting Banda minutes after the accident. His trial is set to begin Monday, Aug 18. (AP Photo/Barajas Family)  (The Associated Press)

  • This undated photo provided by the Barajas family shows David Barajas Jr. Barajas was killed during a Dec. 7, 2012, accident near his home in Alvin, Texas as he and his brother and his father were pushing their truck on a rural road after it had broken down. Authorities say 20-year-old Jose Banda was intoxicated when he slammed his vehicle into the truck, killing David Jr. and his brother Caleb. The boys’ father, David Barajas, was charged with fatally shooting Banda minutes after the accident. His trial is set to begin Monday, Aug 18.  (AP Photo/Barajas Family)

    This undated photo provided by the Barajas family shows David Barajas Jr. Barajas was killed during a Dec. 7, 2012, accident near his home in Alvin, Texas as he and his brother and his father were pushing their truck on a rural road after it had broken down. Authorities say 20-year-old Jose Banda was intoxicated when he slammed his vehicle into the truck, killing David Jr. and his brother Caleb. The boys’ father, David Barajas, was charged with fatally shooting Banda minutes after the accident. His trial is set to begin Monday, Aug 18. (AP Photo/Barajas Family)  (The Associated Press)

An ex-deputy says he failed to note in a report that more gunfire took place well after a drunk driver was fatally shot following an accident that killed two boys in Texas.

David Barajas (bah-RAH'-hahs), the boys' father, is on trial in the driver's 2012 shooting death. Barajas' attorney says the omitted detail about the gunfire supports his claim of innocence.

Barajas is accused of fatally shooting Jose Banda minutes after Banda plowed into a vehicle that Barajas and his two sons had been pushing along a rural road. Twelve-year-old David Jr. and 11-year-old Caleb Barajas were killed.

Lloyd Anderson, an ex-deputy with the Brazoria County Sheriff's Office, testified Wednesday that he probably did inform an investigator about the gunfire but that he left it out of his report.