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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) -- Three cars were totaled after a semi crashed into a hydrant in the Midway District, sending water spewing into the air. The crash happened on the 2300 block of Sports Arena Boulevard around 1:45 p.m.Water could be seen shooting into the air and flooding the nearby street. It wasn't immediately clear what led to the crash. According to authorities, the water gushing out of the hydrant also picked up rocks, sending them shooting through windshields of nearby cars and flooding them with water.  544

SAN DIEGO (KGTV) — The suspect of a Spring Valley murder nearly seven years has been arrested in New York.Waverly James, 49, was arrested in New York for the Dec. 6, 2012, murder of 52-year-old Stanford Roy Johnson, according to the San Diego Sheriff's Department.Deputies say they were called to a home in the 9000 block of Lemon St. on Dec. 6, 2012, for a welfare check. Deputies found the rear door open and discovered Johnson dead from multiple stab wounds.James was identified as a suspect and arrested on a warrant in New York. He will be extradited to San Diego and booked for murder. 599

SAN DIEGO (KGTV) — Thousands of children and their families enjoyed a Christmas miracle Saturday, as Toys for Joy delivered smiles across the county.About 8,000 - 9,000 people made their way through the lines outside four locations packed with toys as part of the event, at Lincoln High School, Cajon Valley Middle School, Castle Park High School, and Guajome Park Academy in Vista.At Lincoln High School, some families camped out for the event, waking up to toys and more generous donations. Every child under the age of 11 will walk away with a brand new toy. Families got their own holiday miracle, as other stations offer gently used clothing and also bring home groceries.Toys for Joy has been a free community event for 23 years and is hosted by The Rock Church. 776

SAN DIEGO (KGTV) -- Three people were rescued from atop the border wall in San Diego Sunday evening, Border Patrol said Tuesday. According to a news release, agents spotted three people perched on top of the wall near Otay Mesa around midnight January 5. A man and two women reportedly tried to enter the U.S. illegally by climbing the wall amid dense fog. “The trio became stuck at the top of the wet, slippery wall after smugglers abandoned them,” the agency said. RELATED: Woman tries to smuggle meth with 7-year-old in car, Border Patrol saysSan Diego Fire-Rescue also responded and used a ladder truck to rescue the individuals. Border Patrol says all three people, a 36-year-old man, 20-year-old woman and 18-year-old woman, were Mexican Nationals. All three were taken to a Border Patrol station for processing. RELATED: Border Patrol rescues man abandoned by smugglers near US-Mexico border“These three were very fortunate to not have fallen from the top of the wall which could have resulted in serious injury or death,” said San Diego Sector’s Acting Chief Patrol Agent Aaron Heitke. “These dangers are not important considerations to smugglers, who place an emphasis on profits over safety.” 1210