A Texas man was acquitted Wednesday after the fatal shooting of a drunk driver who ran over his sons.

32-year-old David Barajas stood accused of killing Jose Banda in a fit of rage after he struck Barajas and hit two sons with a vehicle while they were pushing a broken down car on a road near Alvin in 2012. The two boys – David Jr., 12, and Caleb, 11 – were killed.

The prosecution claimed Barajas shot Bandas, but the firearm used to kill Bandas was never found and there was little physical evidence to tie Barajas to the crime.

Barajas reportedly cried when the verdict was read. He had faced life in prison.

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