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Melissa Banda was almost out.
She had filed for divorce from her then-husband, Richard Ford.
The divorce had been finalized and Melissa had obtained protective orders against the man.
But Ford would not abide by them, resulting in nine calls to police over several months.
He had also filed a motion to modify the divorce decree, which Melissa opposed.
A hearing in the matter was held on Aug. 6, 2020.
Following the hearing, Ford is accused of kidnapping Banda, slashing her throat and dumping her body off of a road in rural Donna.
Melissa never made it out.
And her sister, Cynthia, claims in a lawsuit that the McAllen Police Department was well aware of Ford’s violations of the protective order. The petition also alleges that police knew Ford had been convicted of attempted murder for shooting a man in 2002 and had also been convicted of assaulting another man that same year.
Melissa had no idea.
Cynthia filed the petition in state court on Aug. 5, 2022, a day shy of the second anniversary of her sister’s murder. On Friday, the litigation was removed from state to federal court in McAllen.
She filed it on behalf of her sister’s estate. Cynthia’s attorneys, Katie Pearson Klein and William Daniel Mount Jr., claim in the petition that McAllen police treated domestic violence cases less seriously than other assault cases.
“Plaintiff would show that city of McAllen 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 and that such policy or custom was well known to officers within the department,” the petition states.
The petition alleges that police failed to enforce the protective order Banda had against Ford.
“Melissa Banda was a 37-year-old Latina who was employed by T-Mobile as a District Performance Operations Manager,” the petition stated. “She repeatedly called the McAllen Police Department to report criminal acts of her ex-husband, Richard Ford, Jr., with whom they had three children together.
“(The) McAllen Police Department did almost nothing to protect her.”
In a response to the lawsuit filed on Aug. 30, 2022, the city of McAllen said it denied each and every allegation levied in Cynthia’s petition.
The city also demanded strict proof and a trial while saying it is entitled to sovereign immunity from Cynthia’s claims.
THE DIVORCE
Melissa had filed for divorce on Nov. 7, 2019 and had obtained a temporary restraining order against Ford.
Less than a month after Melissa filed for divorce, on Nov. 21, 2019, Melissa called police because Ford “was on his way to her home after arriving at the airport where he was served with the papers concerning the divorce and with temporary orders.”
Several months later, on Feb. 28, 2020, the petition alleges Ford choked Melissa and threatened her by telling Melissa he would harm their three children if she reported the assault.
“Melissa Banda, believing that they could protect her, nevertheless reported the incident to the city of McAllen Police Department,” the petition stated.
Police arrested Ford on Feb. 29, 2020 and he was released the next day. Melissa obtained an emergency protection order following the assault, and on March 26, 2020, she obtained a temporary protective order against Ford.
“On or about April 7, 2020, their divorce was finalized after a hearing on March 11, 2020, wherein Richard Ford, Jr. was allowed supervised visitation of the children and ordered to take anger management courses,” the petition stated.
On April 15, 2020, Ford sought to modify the divorce decree, which Banda opposed.
A hearing in the matter was set for that fateful day: Aug. 6, 2020.
FOUR MONTHS
Cynthia’s petition alleges that Ford repeatedly harassed and violated the protective order in the months leading up to that hearing.
Melissa called police on June 8, 2020, to report that she believed Ford was stalking her. On June 30, 2020, she called police to say Ford had violated the protective order.
By July 7, 2020, she was now telling police that Ford had used an image of her on a website offering “service from a female” resulting in her receiving text messages in response to that post.
“On or about July 8, 2020, Melissa Banda called the city of McAllen Police Department to report that she suspected Richard Ford, Jr. was stalking her and possibly placing a tracking device on her vehicle,” the petition stated.
Then, on July 18, 2020, she called police to report that Ford had yet again violated the protective order, according to the petition, which said just two days later Banda suspected Ford of impersonating her online.
The day before Banda was murdered —- and a day before that final divorce hearing — Banda called police to report that Ford took a vehicle from her home.
FATEFUL DAY
Then the Aug. 6, 2020 hearing happened.
Like police, the petition alleges Ford kidnapped and killed Melissa.
“Richard Ford, Jr. wrestled Melissa Banda into the back of a white SUV,” the petition stated. “Hearing her screams, Melissa Banda’s nanny and neighbors immediately called the authorities and explained that Richard Ford, Jr. had kidnapped Melissa Banda.”
The next day, she was reported as a missing person and Ford, who was later found on South Padre Island and arrested, was reported as a suspect.
“After the modification hearing, the kidnapping, and after Richard Ford, Jr. had been arrested on August 7, 2020, in the wee hours of August 8, 2020, Melissa Banda’s body was found in the bushes off of the side of a rural road in Donna, Texas,” the petition stated. “Banda’s throat had been slit and the cause of Banda’s death was determined to be from a ‘incised wound to the neck.’”
And police believe Ford planned the whole murderous plot to kill his ex-wife.
Following his arrest, McAllen Police Chief Victor Rodriguez said detectives believe the investigation and prosecution of Ford will show that he planned the crime, including driving to South Padre Island after killing and dumping Melissa’s body in rural Donna in an effort to misdirect authorities.
He has since been indicted on charges of capital murder, assaulting a family member, violating a protective order and stalking.
Ford is scheduled for jury selection on Jan. 26. He has pleaded not guilty.
He remains held in the Hidalgo County Adult Detention Center on a little more than $3.7 million in bonds.
