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SAN DIEGO (KGTV) - An oft-deported immigrant who was charged in a DUI, hit-and-run crash that injured a young boy in the South Bay will not be tried for the third time.A judge ruled Friday to dismiss the case against 39-year-old Constantino Banda Acosta. Banda was charged with driving under the influence and fleeing the scene of a hit-and-run on Camino de la Plaza in San Ysidro on May 6, 2017.Investigators said Banda ran a stop sign and crashed his pickup truck into the Lake family’s Honda Accord, as they were heading home from Disneyland. Lennox Lake, 7, was injured in the back seat of the car, suffering serious head injuries.RELATED COVERAGE: 670

SAN DIEGO (KGTV) — An Ocean Beach man was injured after two men stormed his home, beat him, and robbed him.Police say the 34-year-old victim was at his home on Cape May Ave. with a woman, possibly an ex-girlfriend, when there was a knock at the door at about 10 p.m.The woman answered the door and two men forced their way inside, one wielding an expandable baton and the other with a knife, police said.A struggle began between the victim and two suspects and the two men beat the victim several times, before ordering him to open a safe.After the suspect was unable to open the safe, the suspects rummaged through the home and stole several items, including credit cards. The two men then fled.The woman fled shortly after as well.The victim was treated at a nearby hospital for non-life threatening injuries.Police described the suspect with a baton as a 20- to 25-year-old white male, 5-foot 10-inches, with thin build. He was wearing dark clothing and may have had his face painted black, police added. The man with the knife was described as a 25- to 30-year-old Hispanic man, 6-feet tall, weighing about 220 pounds, and wearing a black sweatshirt and jeans. The woman was fled was described as a 20- to 21-year-old black female, 5-foot 5-inches, and with thin build.Anyone with information is asked to call San Diego Police at 619-531-2000 or Crime Stoppers at 888-580-8477. 1389

SAN DIEGO (KGTV) -- About two dozen protesters rallied against 5G technology at Waterfront Park Wednesday. The group says increased radiation is extremely harmful and can lead to seizures and heart failure.The city of San Diego accounted their 5G partnership with Verizon in April. The deal adds 0 million of infrastructure including new equipment cells on city-owned light poles. Police say the increased smart technology can help increase safety. Protesters today disagree."There’s no safety testing for this plan at all," said Susan Brinchman with the Center for Electrosmog Prevention. "I know why they didn’t do the testing, because there’s no way to safely implement this. Scientists are beginning to associate it with the development of cancer."A New York Times article released this week says 5G is actually safe. The article cites a Temple University researcher who says," 5G emissions, if anything, should be safer than previous generations,”.Mayor Kevin Faulconer says the agreement with Verizon will not only enhance cell service but also keep communities safer and cut costs for taxpayers. The city is set to roll out the 5G network later this year. 1173

SAN DIEGO (KGTV) -- A successful regular season could mean some end-of-the-year award hardware for members of the San Diego Padres.On Monday, the Baseball Writers’ Association of America (BBWAA) revealed the finalists for National League Most Valuable Player, Rookie of the Year, and Manager of the Year.Manny Machado is among the finalists for National League MVP. The Padres’ star third baseman, Dodgers outfielder Mookie Betts, and Braves first baseman Freddie Freeman are all in the running for the award.Noticeably absent from the finalists list is Padres shortstop Fernando Tatis Jr., who was considered among the favorites for the MVP award throughout the season.The last Padres player to be named NL MVP was Ken Caminiti in 1996.The NL Rookie of the Year finalists include Padres second baseman Jake Cronenworth, Alec Bohm of the Phillies, and Devin Williams of the Brewers.If Cronenworth wins the award, he would be the first Padres ROY winner since catcher Benito Santiago in 1987.The Padres’ first-year manager, Jayce Tingler, was named a finalist for the NL’s Manager of the Year award. Tingler is joined by Marlins manager Don Mattingly and Cubs skipper David Ross as finalists.Tingler could become the first Padres manager to win the award since Bud Black took home the prize in 2010.The NL Rookie of the Year and Manager of the Year will be announced on Nov. 9; the NL Most Valuable Player is set to be revealed on Nov. 12. 1446

SAN DIEGO (KGTV) -- An investigation is underway to find the driver in a hit-and-run crash that injured two passengers in City Heights.Police say the female driver crashed into multiple parked cars on Fairmount Avenue just after midnight on Wednesday.Witnesses told police they heard the crash, and then saw the driver jump out of the car and run, leaving the two female passengers behind.Both women managed to crawl out of the mangled car with the help of nearby neighbors. One of the passengers was seriously injured, but neighbors say they kept her calm and stable until paramedics arrived.Police are investigating what led up to the crash.This is a developing story stay with ABC 10news for updates. 711