Thread: Mistrial for DUI-Hit-and-Run suspect, SDPD will turn him over to I.C.E.

No More Trials for Repeat Deportee Accused in DUI Hit-and-Run

Constantino Banda, who has been deported 15 times, will not face a new trial in a case involving a DUI hit-and-run that left a young boy seriously injured

By Monica Garske

Published 2 hours ago | Updated 48 minutes ago


After two mistrials, a San Diego judge ruled Friday there will be no retrial in a case involving a 15-time deportee accused in a DUI hit-and-run crash that seriously injured a boy on his way home from Disneyland.

A judge decided there would be no new evidence for either side to present if Constantino Banda, 39, were to be tried a third time, likely resulting in yet another hung jury.

A second mistrial for Banda was declared this past Monday after a jury failed to reach a verdict. He had been charged with several counts, including driving under the influence, driving without a license and hit-and-run causing bodily injury linked to a crash on May 6, 2017.

That day, as the Lake family was driving home from a trip to Disneyland, Banda collided with the family's vehicle on Camino De La Plaza and Dairy Mart Road in south San Diego's San Ysidro area.

The crash left 6-year-old Lennox Lake unconscious, seriously injured with a fractured skull. His parents, Ingrid and Benjamin Lake, were also in the car but were not hurt. Lennox survived and was released from the hospital a few weeks later.

To this day, the Lake family said Lennox suffers from cognitive issues linked to the injuries he suffered in the crash.

After the collision, Banda allegedly fled the scene.

He was soon stopped and arrested by U.S. Border Patrol agents who determined Banda -- who is a Mexican national -- was in the country illegally. Investigators linked him to the hit-and-run and said he was suspected of driving under the influence.

This wasn't his first time being in the U.S. without proper documentation.

Over the past decade, Banda has been deported 15 times, officials confirmed. His most recent deportation before the crash had been in January 2017, according to U.S. Customs and Border Protection.
Boy Hospitalized After Hit-and-Run
On Saturday, after a fun day at Disneyland; Benjamin, his wife, and 6-year-old Lennox, were driving home in San Ysidro. As NBC 7's Ashley Matthews reports, their lives changed in an instant.
(Published Wednesday, May 10, 2017)

Banda pleaded not guilty in the hit-and-run involving the Lake family.

In September 2017, the case went to trial for the first time. The jury was deadlocked and a mistrial was declared. That time around, jurors found Banda guilty of three charges -- driving without a license, battery, and vandalism -- but could not reach an agreement on the DUI and hit-and-run charges.

Following the judge's dismissal for a retrial Friday, an emotional Ingrid Lake told reporters the most difficult part of this ordeal would be having to explain to her son, who is now 7 years old, what will happen with the man who hurt him.

"That the hardest part of this; we've been able to tell him that the person who hurt him is in prison, and we're not going to be able to do that for much longer," Ingrid Lake said. "It's going to be hard to explain to him, why something like this happens, why people don't see any consequences for it."

"Kind of a wild life-lesson to teach a 7-year-old," the mother added.

The Deputy District Attorney on this case told NBC 7 Banda will now be transferred into the custody of Immigration and Customs Enforcement.

https://www.nbcsandiego.com/news/loc...477757683.html

Okay, this guy has been deported 15 times. As an illegal return, which is a felony crime, he can (and should) be sent to prison. Unfortunately he will probably get credit for time served. We can't just continue operating a revolving door at the border for these illegal reentries. I realize nobody wants to fund their prison stay, however, we need to punish them or we can expect them to continue coming and going as they please. Deportation is not a punishment, prison is.

Penalties for Illegal Reentry

The penalty for illegally reentering the U.S. without proper permission will sometimes simply involve reinstatement of the previous order of removal and the immediate carrying out of such. However, other serious consequences may be imposed, as follows:

1. In general, if you illegally reentered after previously accumulating unlawful presence, being granted voluntary departure, or being ordered removed by an immigration judge, you are subject to a fine and up to two years' imprisonment.

2. If the order of removal was for committing three or more misdemeanor crimes involving drugs, crimes against a person, or a felony offense (other than an aggravated felony), you face a fine and up to ten years in prison, and

3. If you were ordered removed after a conviction for an aggravated felony, you face a fine and up to 20 years in prison, plus a permanent bar on reentry.

He'll be back, that's his pattern.


Constantino Banda Acosta had been deported to Mexico or allowed to return there voluntarily 17 times since 2002, according to records from the U.S. Department of Homeland Security. (John Gibbins / San Diego Union-Tribune)

http://www.latimes.com/local/lanow/l...323-story.html

Originally Posted by Jean

He'll be back, that's his pattern.


Constantino Banda Acosta had been deported to Mexico or allowed to return there voluntarily 17 times since 2002, according to records from the U.S. Department of Homeland Security. (John Gibbins / San Diego Union-Tribune)

http://www.latimes.com/local/lanow/l...323-story.html

Yep, and why wouldn't he? We certainly don't see to be giving him a reason not to.