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SAN DIEGO (KGTV) - A judge declared a mistrial Monday in the retrial of an undocumented immigrant accused of being the driver in a San Ysidro, California hit-and-run crash which seriously injured a young boy.Constantino Banda Acosta was charged with the crash  on May 6, 2017.Investigators said Banda ran a stop sign and crashed his pickup truck into the Lake family’s Honda Accord.6-year-old Lennox Lake was in a child safety seat at the back of the car. He suffered serious head injuries.Banda left the scene but was arrested about two miles away after Border Patrol agents spotted his damaged truck parked on a street, police said.During Banda's first trial, his passenger, Jorge Adame Ariza, also an undocumented immigrant from Mexico, testified under a grant of immunity during the defendant's two-day preliminary hearing in June that he and Banda had a number of beers that night before the accident.Adame said Banda got into a fight with another man outside a Chula Vista restaurant. Adame told them he picked up Banda but later moved into the passenger seat with Banda behind the wheel during the crash.San Diego police Officer Michael Muniz testified in the first trial that Banda's blood-alcohol content measured .151 and .152 percent -- the legal limit is .08 -- during two breathalyzer tests.Federal immigration officials said Banda has been deported from the United States at least 15 times over the past 15 years, most recently on January 18.A judge will decide Friday whether a third trial will take place. 1544

SAN DIEGO (KGTV) - A powerful new public service campaign called "End Family Fire" launched Wednesday by the Brady Center for Gun Violence Prevention aims to promote awareness for gun safety in the home. The center says eight children are hurt or killed in a firearm accident every single day in the United States. Carol Landale with the Brady Center says the goal of the campaign is to show people that something can be done. According to the center, more than four and a half million children live in homes with loaded and unlocked guns, and three in four know where the guns in their home are stored.The term, “Family Fire” was developed specifically for this campaign and refers to a shooting involving an improperly stored or misused gun found in the home that results in death or injury.The Brady Center’s goal is to introduce “Family Fire” into the vocabulary of the American public, much like "Designate a Driver" and "Secondhand Smoke Kills" became powerful and effective slogans for their respective causes.  1071

SAN DIEGO (KGTV) – A new public service announcement produced by the California Highway Patrol focuses on the deaths of a Valley Center family in a 2017 DUI-related crash and its impact on an officer and his niece, the lone survivor of the tragedy.In November 2017, the Latulippe family were traveling in Austin, Texas, when a drunken driver crashed into their vehicle.Scott Latulippe, his wife Nancy, and their 14-year-old son Jackson died in the wreck. Ten-year-old Kiera Latulippe survived.The driver, Guy Brasted, was eventually convicted for the family members’ deaths and was sentenced to 18 years in prison.RELATED:-- Drunk driver sentenced for killing Valley Center family-- Funeral honors Valley Center family members killed in suspected DUI crash-- Valley Center remembers family killed in DUI crashCHP Officer Mark Latulippe, Scott’s cousin, became Kiera’s legal guardian."Someone's choice completely changed her life," said Officer Latulippe. "It’s an honor to take her in. I wish Scott, Nancy, and Jackson were still here. I’m filling in."The CHP’s documentary-style PSA, titled “Falling,” tells the story of the Latulippe family, but it also shows the dramatic effects DUI can have on people’s lives.Officer Latulippe said, “DUI is a constant issue that is not going away … DUI is a choice. DUI is completely preventable.”He tells ABC 10News that his goal is to make someone stop and think before drinking and driving."Have a plan," he said. "Good people make bad choices, make a good choice."Watch the CHP-produced “Falling” below: 1554

SAN DIEGO (KGTV) - A pair of recent restaurant closures are highlighting some of the struggles owners are facing as the industry grapples with major shifts in the way it does business.Last month, Brooklyn Girl in Mission Hills and Urban Solace in North Park both closed their doors. Facebook posts thanked long-time customers but gave few answers as to why.Industry experts think it's a sign of bigger problems in the hospitality sector, as rising costs and changes in people's behavior are combining in a "perfect storm" of problems.RELATED: El Pollo Grill to open new location in Chula Vista"These are seasoned operators, people who have been in business for a long time. And for one reason or another they're just stumped," says Stephen Zolezzi, the President and CEO of the Food and Beverage Association of San Diego.His association tracks the total number of licenses given out in San Diego to food and beverage vendors. Zolezzi says over the last three years, there's been an increase of 300 licenses. While that may make it seem like the industry is growing, Zolezzi sees it differently."Previous years, we've seen increases of 1,000 or 2,000 licenses," he says.RELATED: Restaurant closing in Coronado highlights uncertain future for Orange AvenueZolezzi says the cost to operate a restaurant is becoming too expensive to manage. The prices of rent, insurance, and goods have all gone up in the past year. There are also higher labor costs because of minimum wage hikes and low unemployment creating favorable hiring conditions for employees.But cost isn't the only factor."Customer loyalty, today, is really at a low," says Zolezzi. His members say diners now would rather go to multiple places once than become regular, dependable customers at a few spots."You could be doing everything right," he says. "Great food, great service, great value; but the customers just move on because there's something else."RELATED: New east Chula Vista shopping center quickly taking shapeAnother factor is the rise of delivery apps like GrubHub, DoorDash and Postmates. Zolezzi says these apps can charge restaurants as much as 30% of the total bill, plus delivery fees, to carry their food. That cuts into already razor-thin margins and in some cases cause restaurants to lose money on each delivery order."If you don't have that factored into your business plan, it could create a negative," he says.Zolezzi says it's now up to the industry to adapt, as restaurant owners need to constantly reinvent their location, menu, and marketing to bring in more customers. 2568

SAN DIEGO (KGTV) -- A man suffered serious injuries after a scooter crash on the Mission Beach boardwalk late Tuesday afternoon. According to police, the crash happened around 4:30 p.m. near Ocean Front Walk and San Luis Obispo Place. Authorities say a 55-year-old man on a bicycle and a 27-year-old man on a scooter collided on the boardwalk."His bike was upside and he was just laying there," said Nicole Ryujin, who saw the aftermath. "He wasn’t moving and at first I was like, 'is this guy okay?'" Police say the 55-year-old was taken to the hospital with serious injuries, but not life threatening. According to police, the 27-year-old didn't suffer any injuries. Investigators say the scooter rider was headed north on the boardwalk, and the biker was headed south, when they collided. At this time, it's unclear exactly what led to the crash. Traffic investigators questioned the scooter rider on scene. Investigators say there is no criminal investigation at this time. 987

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