A Texas mother-of-three allegedly called the police nine times to report her ex-husband in the months leading up to her kidnapping and murder. Now, her family is suing the department for failing to protect her.
Melissa Banda, 37, was found dead in August 2020, her body dumped beneath the bushes on the side of a rural road in Donna, Texas. Her throat had been slit.
Banda’s ex-husband Richard Ford Jr was taken into custody and charged with capital murder, assault, stalking and violating a protective order in connection to her death.
But a lawsuit, filed by Banda’s sister Cynthia Banda and obtained by the Fort Worth Star-Telegram, claims her death could have been avoided. The suit accuses the McAllen Police Department of failing to respond to several complaints made by Banda in the months leading up to the killing.
Between 21 November 2019 and 5 August 2020, Banda called the police nine times to report incidents where she said Mr Ford threatened her, assaulted her or violated a protection order, the lawsuit claims.
Banda filed for divorce and obtained a temporary restraining order against Mr Ford on 7 November 2019. But two weeks later, on 21 November, she called police to report that he was on his way to her house after being served with divorce papers.
From there, Banda reported that Mr Ford grew increasingly violent towards her.
On 28 February 2020, Banda called police and told them Mr Ford assaulted her by choking her, “impeding her breathing,” according to the lawsuit.
She also accused Mr Ford of threatening to harm their children. He was arrested the next day and then released a day later, the lawsuit stated.
In June, Banda called police more than once, reporting on 8 June that Mr Ford was stalking her while she was at Gold’s Gym in McAllen, according to the lawsuit.
And on 30 June, she reported to police that Ford had violated the protective order again.
Prior to the June incidents, their divorce was finalised in April and Mr Ford had been granted supervised visitation with their children, according to the lawsuit. But he then filed a motion to modify the divorce decree.
A court hearing on the matter was set for 6 August. Hours later, Mr Ford showed up at Banda’s home and two days later, her body was found on the side of a road.
“(He) pulled up, approached Melissa Banda from behind, forcefully grabbed her, and covered her mouth as she began to kick and scream,” according to the lawsuit.
“(Ford) wrestled Melissa Banda into the back of a white SUV. Hearing her screams, Melissa Banda’s nanny and neighbors immediately called the authorities and explained that (Ford) had kidnapped Melissa Banda.”
The next day, Banda was reported missing to the McAllen Police Department. On 8 August, her body was found.
“We searched 30 hours total and I would have kept looking forever…,” her sister wrote in a Facebook post. “How I wished things would have been different.”
Mr Ford was located and arrested the same day she was reported missing and faces a slew of charges including murder.
Richard Ford Jr— (McAllen City Police Department)
The lawsuit, initially filed in August 2022, was moved from state court to federal court in McAllen on Friday. It alleges that local police were well aware of Ford’s violations of the protective order, but did nothing to intervene.
It’s also claimed that they knew he had been convicted of attempted murder for shooting a man in 2002 and that he was convicted of assaulting another man the same year.
Banda’s sister Cynthia is asking the court for compensatory damages and a reasonable attorney’s fee, according to the lawsuit that also claims the police department had “a policy or custom of treating domestic violence cases involving women and/or Hispanic women less seriously than other types of assault cases.”
She posts tributes often to her sister on her Facebook, writing this week: “Only we know what we lived. You will never be forgotten. Miss You Sister.”
A GoFundMe created for Banda’s three children back in August 2020 raised $30,945 and described her as having been a “young, beautiful, smart and kind woman.”
“She was the mother of 3 children (ages 6, 10 and 12) who meant the world to her! She coached her daughters’ soccer team, worked full time, and was always willing to help out those less fortunate,” the post read.
Her sister added in another Facebook post this week she will continue to fight for justice for her sister.
“We will continue to seek Justice,” she wrote. “We love you Sister! You will never be forgotten.”
Mr Ford pleaded not guilty to all counts in March 2021. Jury selection has been scheduled for 26 January 2024, with a trial set to begin three days later.
