Press release from the District Attorney’s Office:
Banda.
Today,
Michele Kay Banda (age 32), pled guilty to felony possession of drugs
in a correctional facility and misdemeanor child abuse.
The
charges stemmed from a January 16, 2018 incident at the Red Roof Inn in
Arcata, when a hotel guest stepped out of her room to investigate the
sound of a crying baby. She immediately encountered Banda, who threw a
four-month-old infant to her and told the guest to make the baby stop
crying. The guest also witnessed Banda sticking her fingers down the
distressed infant’s throat. Arcata Police Department officers arrested
Banda at the scene and took her to jail.
As correctional deputies
booked Banda into the Humboldt County Correctional Facility, they
observed a baggie of heroin in her armpit. Banda then attempted to
swallow the baggie and as correctional deputies prevented her from doing
so, she tried to bite and kick them.
Prior to trial, Banda posted $50,000 bail and was released from custody.
A jury trial to address these charges began with 3 days of jury selection starting on November 6th.
On November 9th when opening statements were scheduled, Banda failed
to appear in court and Judge Kelly Neel declared a mistrial and
dismissed the jurors. With the assistance of local law enforcement,
District Attorney Investigators arrested Banda 1.5 hours later and she
has remained in custody since then.
Banda faces up to 4 years in
custody. She will further be required to complete a 52-week child
abuse prevention program. Judge Timothy Canning is scheduled to sentence
her on December 13th.
The District Attorney’s Office
thanks the jurors, witnesses, and law enforcement agencies who dedicated
their time and effort to this case. After considering the message that
defendants might take from the mistrial on November 9th,
District Attorney Maggie Fleming pointed out: “Legal alternatives when
defendants voluntarily fail to appear for trial include: 1) continuing
the trial without the defendant, and 2) rapid apprehension of the
defendant so the trial can proceed. Failing to appear for court is a
crime – justice demands that people don’t benefit from it.”