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First look at DUI suspect accused of hurting young boy

Posted at 7:24 PM, May 10, 2017

SAN DIEGO (KGTV) - A trip to Disneyland changed the life of Lennox Lake forever. The blue-eyed six year old went from the happiest place on earth to a hospital bed--fighting for his life. 

He was riding in a booster seat when police say Constantino Banda-Acosta plowed into his family's car Saturday night. 

On Wednesday, Banda pleaded not guilty to several charges including hit-and-run and DUI. 

According to US Immigration and Customs Enforcement he shouldn't even have been here in the first place. 

Banda has been deported from the US more than 15 times since 2002. 

Former District Attorney Paul Pfingst told 10News this happens more than people think. 

"It's not uncommon at all for people to return after they've been deported from around the country," said Pfingst. "It happens quite a bit."

Banda was illegally in the US and behind the wheel of a car, now charged with threatening the life of an innocent little boy. 

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"People ask, why isnt this person in jail? He's come back time after time," said Pfingst. "Right now, we don't know that answer because we don't know why he was deported."

Banda's bail was raised to $230,000. 

Pfingst says with California being a sanctuary state it's hard to tell where Banda will go from here. 

"For aggregated felonies, almost everyone agrees we should put that person in federal custody. But what happens to the less aggregated cases? This is where he's going to fall into. So what's going to happen if he gets convicted in the state court? What's going to happen if he gets sentenced to local custody, what happens when he gets released? We don't know. It's a sanctuary state."

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Lennox is still in serious condition at the hospital tonight. 

Banda is due back in court May 18th.