In Chula Vista, California, a preliminary hearing is scheduled Tuesday for a repeat criminal offender and 15-time deported Mexican citizen. This time, he is accused of drunk driving and fleeing the scene after blowing through a stop sign, and crashing his truck into a car containing a family returning home from a day at Disneyland, seriously injuring a 6-year-old boy.
Constantino Banda Acosta, 38, is charged with hit-and-run causing permanent injury, DUI causing great bodily injury and driving without a license. Federal immigration officials said the defendant has been deported from the United States at least 15 times over the past 15 years, most recently on Jan. 18.
Six-year-old Lennox was with his mom and dad coming home from Disneyland before the accident Saturday evening, May 6th. His parents had just bought him a milkshake at the burger joint In-N-Out in San Ysidro and were a block from their home when a vehicle collided with their car.
Banda was speeding west on Camino de La Plaza about 11:30 p.m. May 6 when he ran a stop sign at Dairy Mart Road and crashed his pickup truck into a Honda sedan, police and prosecutors allege. He fled but was arrested about a half-hour later, police said.
According to his uncle on a GoFundMe page, Lennox was in the rear passenger seat when a truck "came flying around the corner, wheels squealing and slammed into them. They went through a guardrail and stopped facing the opposite direction."
Doctors are "cautiously optimistic" that Lennox will make a full recovery.
Banda's attorney, Juliana Humphrey, said she intends to show that her client was not the driver of the pickup that smashed into the Lake's Honda that night.
After the preliminary hearing, a judge will decide if enough evidence of DUI and related charges was presented for Banda to stand trial.
Banda faces seven years and eight months in prison if convicted, said Deputy District Attorney Christopher Chandler. Source: fox5sandiego.com