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Lennox Lake, 6, was critically injured on his way home from Disneyland

Driver to face trial for crash that injured boy
Posted at 3:42 PM, Jun 28, 2017
and last updated 2017-06-28 20:40:55-04

CHULA VISTA, Calif. (KGTV) - A judge ruled Wednesday to hold a trial for a DUI hit-and-run crash in San Ysidro that seriously injured a six-year-old boy who was on his way home from Disneyland with his family.

Constantino Banda-Acosta, 38, faces hit-and-run and drunken driving charges stemming from the May 6 crash. Federal officials confirmed Banda, a Mexican citizen, had been deported from the U.S. at least 15 times since 2002.

On the night of the crash, the Lake family was heading home from a Disneyland trip when police said Banda ran a stop sign on Dairy Mart Road and slammed his pickup truck into the family's Honda.

Banda fled the scene but was arrested a short time later, not far from where the crash occurred.

A friend of Banda's wife, who said she was with her at a restaurant the night of the crash, took the stand and testified that she got into an argument with Banda.

"[Banda] told me that he had taken the air out of my tires so that Lety would go with him," the friend said through a court interpreter. 

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Benjamin Lake and his wife Ingrid were unhurt, but their young son suffered serious injuries and was transported to Rady Children's Hospital. After undergoing multiple surgeries, Lennox was released from the hospital nearly three weeks after the wreck.

According to prosecutors, Banda faces seven years in prison if convicted.