It was day two of an East El Paso man's trial accused of killing two people with his car back in Fall 2009. Police say 34 year old Eric Barajas was drunk when he hit two pedestrians on Lee Trevino.
Eric Barajas is charged with two counts of intoxicated manslaughter. If he's found guilty, he could face up to 40 years in prison.
On the night of October 30th, 2009. Police say 26 year old Orlando Figueroa and 22 year old Angela Gonzalez were leaving a club and as they crossed the street on Lee Trevino, an allegedly drunk Eric Barajas crashed into them with his Volkswagen Jetta.
But defense attorneys Theresa Caballero and Stuart Leeds argue their client didn't kill the pedestrians -- the pedestrians caused their own death by being reckless and jaywalking.
"Everybody can understand that. you're driving, you're minding your own business and some drunk steps in front of your car and you are prosecuted for killing them?"
Today, the prosecution and defense questioned a police officer who was off-duty on the night of the crash, but was there when it happened. The officer says Eric Barajas seemed shaken up and remorseful. He says witnesses were threatening Barajas and even pulled a gun on him right after the accident but Barajas remained calm and compliant the whole time.
The two victims of the crash, Orlando Figueroa and Angela Gonzalez left behind three children.