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.
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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.