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SAN DIEGO (KGTV) -- The retrial began Thursday for Constantino Banda Acosta, the man prosecutors say was drunk and angry from a fight when he caused a hit-and-run crash that severely injured a 6-year-old returning from a family trip to Disneyland. The jury was deadlocked Thursday on whether or not Banda was even at the wheel. Throughout the trial, Banda sat quietly in the courtroom and could be seen smiling at the jury as attorneys laid out their case.The central question in the retrial is whether Banda or an employee of his construction company, Jorge Adame Ariza, was the one driving.RELATED: Verdict reached in trial for driver accused in hit-and-run crash that injured boyAriza was captured in security footage driving the truck from a restaurant where the two men were drinking.Ariza claims he turned the wheel over to Banda before the accident happened, which severely injured 6-year-old Lennox Lake of San Ysidro. Authorities say Banda had also been deported at least 17 times before the crash.Prosecution in the case say the two men were heatedly searching for a man who beat up Banda. Lake’s father says the young boy is expected to testify in the trial later Thursday.Lake is still receiving extensive treatments for his injuries.RELATED: Jury deadlocked in case against driver accused in San Ysidro hit-and-run?Banda was speeding west on Camino de La Plaza around 11:30 p.m. on May 6 when he reportedly ran a stop sign at Dairy Mart Road and crashed his pickup into a Honda Accord carrying the Lake family. In September of 2017, a jury found Banda guilty of misdemeanor charges of driving without a license, battery and vandalism. The jury was hung, however, on felony charges of hit and run causing death or permanent injury, DUI causing injury and driving with immeasurable blood alcohol causing injury. 1866
SAN DIEGO (KGTV) -- There were about 20,600 students considered homeless in schools throughout San Diego in the 2017-18 school year, but the actual number is likely higher, according to the findings of a new state audit.The report by California State Auditor Elaine Howle concluded districts across the state are not doing enough to identify homeless students and connect them with the services they need for tutoring, transportation, and school supplies. The report also faulted the state Department of Education for "inadequate oversight."The audit was requested after Department of Education data showed more than 25 percent of California districts reported having no students experiencing homelessness despite the state’s ongoing homelessness crisis.RELATED: San Diego homeless count 2019: Data shows over 8,000 living on county streets or in shelters“We cannot serve them and work to improve their educational outcomes if we don’t know who they are,” said San Diego County Office of Education Homeless Coordinator Susie Terry.California uses a broad definition of homelessness under the McKinney-Veto Homeless Assistance Act. About 75 percent of students considered homeless are living in a household with two or more family units for economic reasons, a scenario known as “doubling up,” Terry said."Doubling up" is often a last ditch-effort to avoid life in a shelter or a vehicle, and a time when services are critically needed, she said.RELATED: San Diego County ranks fourth for number of homeless in the United StatesAuditors looked at the number of students receiving free and reduced-price lunches and compared that to research showing 5 to 10 percent of those students typically experience homelessness.Using that benchmark, the San Diego Unified School District scored well, with 8,129 homeless students and an identification rate of 11 percent.Districts with less than a 5 percent identification warrant further scrutiny and state oversight, the audit said. San Marcos Unified, Oceanside Unified, and Chula Vista Elementary District all had homelessness identification rates of 2 percent or less.RELATED: San Diego city council approves .9 billion homelessness planTerry said identifying homeless students can be a challenge because districts use different approaches, and families often don’t want to be identified. “There’s a lot of fear around what’s going to happen if the school knows we’re homeless,” she said. “There are fears around if child welfare will be called, if immigration will be called, if they’re going to be allowed to continue going to school.”Each school district is required to have a homeless coordinator, but the duties are often tacked on to another position, she said.“There isn’t always time and resources available for district liaisons to do the job they need to do around identification,” said Terry. 2856

SAN DIEGO (KGTV) — The San Diego Zoo Thursday called for action against recent moves aimed at weakening the Endangered Species Act.Monday, the Trump Administration moved to lessen protections established in the act. The moves effectively end blanket protections for animals newly classified as threatened and now allow economic cost to be taken into account when deciding whether a species must be protected."We are concerned that the changes to the Endangered Species Act will make it more difficult for us to protect species across the world for future generations," San Diego Zoo tweeted. "We have a rich diversity of unique species, many of whom find refuge in San Diego county. The proposed changes will reduce the protections that these species currently have, & limit the ability of wildlife officials to protect their homes & provide for long-term recovery."RELATED: Birth of rhino marks major milestone to save critically endangered speciesDuring a public comment period, the zoo submitted their support for the act to the government. The zoo pointed to its works increasing California condor, giant panda, and the Hawaiian Puaiohi populations.In the letter, the zoo objected to the deletion of the phrase "without reference to possible economic or other impacts of such determination" from the act and advocated that such determinations of a species must be made "solely on biological factors.""Presenting cost-benefit analyses would serve no purpose other than to undermine the statutory requirement for using best available science—which is precisely why Congress acted to explicitly prohibit economic considerations in this Section, while allowing such considerations when designating critical habitat," the zoo argued. 1749
SAN DIEGO (KGTV) -- The Valley Fire continued to burn overnight in East County as evacuations remain in place.So far, the blaze has scorched 17,345 acres and is 3% contained, as of 6:20 p.m. on Monday. Authorities with the Cleveland National Forest tweeted Monday that the fire had only grown by 408 acres overnight.Monday morning, Cal Fire said new evacuation orders were in place for the areas of Corral Canyon off-road area, Bobcat Meadows, and Los Pinos.Evacuation orders have also been issued for Barrett Lake Dam, while evacuation warnings have been issued for Lake Marina, Dulzura, Dog Patch, Potrero, Campo, Honey Springs, Barrett Junction, Dearhorn Valley, Corte Madera, Pine Valley, and the area from Lyons/Japatul Valley Rd. to the 8 Freeway.Evacuation centers have been set up at Steele Canyon High School at 2440 Campo Road and Joan MacQueen Middle School at 2001 Tavern Road.Cal Fire said Sunday night that 11 habitable structures and 25 outbuildings have so far been destroyed in the fire. Two people have so far been injured, the agency said.Cal Fire said Monday it will exercise an agreement it has with the Navy’s Third Fleet and the First Marine Expeditionary Force. Military aircraft will be used to help fight the Valley Fire.RELATED COVERAGEINTERACTIVE MAP: Valley Fire erupts in Japatul Valley areaPhotos: Valley Fire erupts in East CountySocial media reaction to Valley FireCheck today's weather forecast in your areaSan Diego County opens cool zones amid heat waveThe Jamul-Dulzura Union School District said it would cancel school Tuesday, September 8 due to the Valley Fire, evacuation orders, and power outages in East County. Mountain Empire Unified School District schools will shift to asynchronous classes on Sept. 8 due to power outages in parts of the community. Potrero Elementary will not have staff onsite due to extended power outages.Governor Gavin Newsom Sunday declared a state of emergency for San Diego County and other counties impacted by wildfires. The declaration paves the way for federal funds to be used in response to the fires.The blaze also knocked out power to thousands of people throughout North County, with San Diego Gas and Electric saying they will work with CalFire to bring power back to affected customers. Air quality throughout parts of San Diego County plummeted Sunday. The County Air Pollution Control District said air quality in areas affected by smoke may reach unhealthy levels, compelling the agency to issue a smoke advisory.The fire began Saturday near Sprint Trail and Japatul Road southeast of Alpine before 3 p.m. 2599
SAN DIEGO (KGTV) — This weekend will be a show for San Diego stargazers.The Perseid meteor shower is expected to bring 60-70 meteors careening across the night sky every hour between Aug. 11-13. But the best times to view the shower will be overnight Aug. 12.One of the only things standing in your way is light pollution. Wherever you head, you'll want to avoid too much light pollution or possibly have a telescope ready to go.MORE: How to watch the best celestial show of the year in San DiegoHere are some areas around San Diego County to check out the Perseid shower. Some spots are far removed from the city, like in Julian or Anza-Borrego, while others are closer:Jess Martin Park (Julian): Head up to Julian this weekend to catch the meteor shower and also Julian's Natural Wonderfest.Blair Valley Campground (Anza-Borrego): There's really no bad spot in Anza-Borrego for stargazing. Its distance from San Diego makes it prime for some great viewing.Palomar Observatory: Palomar Mountain is the site of an observatory, so there's no wonder why the area is great for catching the stars.Laguna Campground: Mount Laguna has long been an area for camping and an escape from the city for San Diegans. While the Mount Laguna Observatory has the power to look deep into the galaxy, you'll have to bring your own gear at the campground to view the dark skies.Torrey Pines State Reserve: Torrey Pines State Reserve can provide some surprising star gazing despite being as close to highways as it is. The glider port has been a spot for those who don't want to make the hours-long trek east.Blue Sky Ecological Reserve: Poway's Blue Sky park is a great spot close to the county and away from too many bright lights for star gazing.Fleet Science Center (Balboa Park): Yes, Balboa Park is close to the city lights, but with some telescopic power, you can still catch some great sights like planets and bright stars.Mt. Helix Park: Mount Helix is another good option for those not wanting to drive too far away.Otay Lakes County Park: Otay Lakes park is another close option where local star gazers have had success staring into the night sky.Soledad Mountain: Another option close to home. Set your gaze or telescope in the right direction and Soledad Mountain is a great spot to star gaze.San Elijo Park: Head up to North County and catch some star-gazing at San Elijo Park. Assuming the park lights are turned down, you'll be able to catch some of the celestial sights. 2490
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