SAN DIEGO (KGTV) - Witnesses are questioning who was driving a pickup truck that struck a car in San Ysidro last weekend, causing a six-year-old boy to suffer serious head injuries.
On May 6, the Lake family was on their way home after a trip to Disneyland when a truck hit their car at the intersection of Dairy Mart Road and Camino De La Plaza.
Benjamin Lake and his wife Ingrid were not injured, but their young son Lennox suffered serious head injuries.
Authorities said the truck drove away from the scene but was spotted by Border Patrol agents a short distance away.
The driver and his male passenger were arrested at the scene.
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Police said 38-year-old Constantino Banda-Acosta was behind the wheel at the time of the collision. He was charged with DUI while causing an injury crash, hit-and-run and driving without a license.
Immigration and Customs Enforcement officials said Banda had been deported at least 15 times from 2002 to January 2017.
Luz Carillo and two other witnesses told 10News that Banda and his friend were at an Imperial Beach restaurant prior to the crash. The witnesses said Banda was not behind the wheel, but rather his friend was driving.
Carillo told 10News she didn't know if they changed seats, but when they left, she was sure the other man was driving.
The passenger is in custody of ICE with no pending charges. Both he and Banda are undocumented immigrants, according to authorities.
Banda is scheduled to appear in court Wednesday.