( CNN ) -- A father and his two young sons were pushing a truck that had run out of gas down a road in December 2012 , when a drunk driver plowed into it , killing the boys . The drunk driver was then shot dead at the scene of the crash near Houston . On Wednesday , a Texas jury handed down a verdict of not guilty to father David Barajas in the shooting , CNN affiliate KHOU reported . After the hearing , prosecutor Jeri Yenne stepped in front of cameras to say that she still believed that Barajas killed Jose Banda . Otherwise , the state would n't have prosecuted , she said . `` We also know that the jury did not believe that beyond a reasonable doubt , '' she said . `` We respect that . '' During the trial Sam Cammack , Barajas ' defense attorney , was able to cast some doubt on the charges . He told jurors that the blood of a third , unknown person was found in Banda 's car . He accused authorities of jumping to conclusions . `` Obviously , at least how the evidence developed , they made up their minds at the scene that night and they never considered any other potential leads , even after the DNA came in , '' KHOU reported Cammack as saying . The victim was a gang member , the defense argued , and someone else shot him that night in his wrecked car . The prosecution called an eyewitness who testified that Barajas had left the scene , returned minutes later then leaned into Banda 's car . He said he heard a gunshot but did n't see a gun . Barajas was relieved by the verdict . `` A lot of weight is lifted off my back . I 'm still destroyed . I 'm missing my sons , '' he said . Son David was 12 , and Caleb was 11 when they died in the crash . Barajas and his wife have two remaining children . Barajas said he was praying not only for his family but for Bandas ' as well . `` They lost a son , too , '' he said . `` This was a loss for everybody . ''
David Barajas and his sons were pushing a truck that ran out of gas . Drunk driver Jose Banda slammed into it , killing the boys . Banda was shot dead at the scene . Barajas ' lawyer argued that someone else shot Banda .