Jury deadlocked in case against driver accused in San Ysidro hit-and-run

Posted at 7:29 PM, Sep 01, 2017

SAN DIEGO (KGTV) - A jury was deadlocked Friday in the case against an oft-deported man accused of being the driver in a San Ysidro hit-and-run, that critically injured a young boy.

The judge sent jurors home after they returned deadlocked twice in the case against 39-year-old Constantino Banda Acosta. He is charged with hit-and-run, DUI and driving without a license in the May crash involving a family returning home from Disneyland.

Jurors will return on Tuesday after the Labor Day weekend to continue deliberations.

Banda faces seven years and eight months in prison if convicted.

Authorities say Banda Acosta sped through a stop sign at Camino de La Plaza about 11:30 p.m. on May 6 in San Ysidro, plowing his pick up truck into a Honda Accord carrying 6-year-old Lennox Lake and his parents.

Lennox, who was in a child safety seat in the back of the car, suffered a major head injury and is still recovering from the crash.

Banda Acosta fled the scene but was arrested by Border Patrol agents a couple of miles away in the damaged truck.

Banda's passenger, Jorge Adame Ariza, also an undocumented immigrant, testified that he and Banda had a number of beers that night. Ariza says he picked up Banda Acosta and was driving at first, until Banda took over before the crash.