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SAN DIEGO (KGTV) - A man involved in a DUI hit-and-run crash that seriously injured a young boy in the South Bay started his sentencing hearing Wednesday for violating federal immigration laws.Constantino Banda Acosta, a Mexican national who had previously been deported from the U.S. at least 15 times in the past, has been in federal custody since March over federal criminal re-entry charges.He was transferred to federal custody after charges against him stemming from a 2017 crash were dismissed.Banda faced charges in the May 6, 2017, crash in San Ysidro that sent young Lennox Lake to the hospital with serious injuries, including head trauma.Banda was initially charged with drunk driving and hit-and-run after authorities said he ran a stop sign at Dairy Mart Road and slammed his pickup truck into the Lake family’s car as they were heading home from a Disneyland trip.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.San Diego police Officer Michael Muniz testified in the first trial that Banda's blood-alcohol content measured .151 and .152.Following a mistrial, a judge dismissed the case against Banda in March, saying there was no clear evidence that showed he was behind the wheel at the time of the crash.Banda’s lawyers had argued that another man in the truck, Jorge Adame Ariza, may have been driving the truck after a night of drinking with Banda.Adame said Banda got into a fight with another man outside a Chula Vista restaurant before the crash. During testimony in a preliminary hearing, Adame said he picked up Banda but later moved into the passenger seat with Banda behind the wheel during the crash.RELATED COVERAGE: 1759

SAN DIEGO (KGTV) — A new lot meant to give people living in their cars and RVs a safe place to sleep and avoid citation is going largely unused.During Tuesday morning's wee hours, the lot across from SDCCU Stadium looked completely empty. San Diego opened the lot in mid-June, as the third safe parking lot for those who live in their vehicles. The newest one came a month after the council enacted an emergency ordinance that banned people from living in cars and recreational vehicles on public streets from 9 p.m. to 6 a.m. The city enacted the restriction after being inundated with safety concerns from residents who said people were camping in their beach front neighborhoods, leaving human waste, and trash. At Mission Bay on Tuesday, many who do live in their vehicles said they would prefer to stay near the coast, despite the threat of citation. "They don't know about it, and maybe it's not that convenient either," said Gary Parsons, who lives inside his Dodge Ram. "Inside I put in some carpet, and some shelving, and I sleep on the floor."Chris Enders, who lives in an RV with his wife and son, said they spend their nights on unchecked private property, such as parking lots near the beach. He said the Mission Valley location is not feasible."When you're getting five miles a gallon in gas, that's .75 just to get there, and then to get back that's another .75 so you just cost me ... for one day," said Enders.The lot requires all vehicles to be out by 7 a.m. daily. Ashley Bailey, a spokeswoman for the mayor, said the city and Jewish Family Service are working to bring more people to the lot."In partnership with Jewish Family Service, teams are continuing to conduct outreach and seek feedback to ensure everyone who wants to use this lot has the opportunity to do so," she said in a statement. "San Diego’s ordinance restricting vehicle habitation is in full effect so we encourage individuals who are living in their RVs to take advantage of this lot to avoid possible citation.”Jewish Family Services also offers resources such as housing help and financial assistance to people using the lot. 2133

SAN DIEGO (KGTV) — A man was rescued from the top of a section of the border wall in Otay Mesa Tuesday.Cal Fire firefighters were called to a section of barrier in Otay Mesa just before 6 a.m. Crews arrived to find one person stuck on top of the border wall structure.Crews used a 35-foot ladder to reach the man and assist him down. No injuries were reported.Tuesday's rescue comes more than a month after San Diego Fire-Rescue firefighters and Border Patrol agents helped rescue three people stuck on top of a portion of the border wall in Otay Mesa. 560

SAN DIEGO (KGTV) -- A judge ruled Wednesday that a Navy commander will face a third trial on charges he tried to rape a junior officer in her home.John Michael Neuhart II asked the judge to dismiss all charges after a second jury was unable to reach a verdict.The judge dismissed charges of assault with intent to commit rape during burglary, burglary and resisting or delaying a peace officer.RELATED: Mistrial declared for former Navy commander accused of rapeThe judge added that prosecutors can proceed with a third trial in January on charges of attempted forcible rape and assault with intent to commit rape.Neuhart now faces six years behind bars and lifetime sex offender registration if found guilty. Neuhart had previously been facing life in prison.In the two trials combined, 21 out of 24 jurors voted to convict Neuhart. The alleged victim said Neuhart sexually assaulted her after they spent time drinking and hanging out with colleagues in 2016.RELATED: Mistrial declared in trial of former Navy commanderThe woman said Neuhart took off her pants and underwear and was physically violent with her. In cell phone video recorded by the woman, she can be heard telling Neuhart to stop as he tried to get the door open. 1238

SAN DIEGO (KGTV) - A pet parrot gave its owner quite the scare after flying up into a tall tree in La Jolla.The owner, Katie Anthony, said she camped under the tree all night worried about her African Grey parrot named "Sidekick." Anthony said the bird is domesticated and not used to being in the wild.Anthony called the San Diego Fire Department and crews came out to investigate. SDFD Capt. Margot Johnson - who was retiring Wednesday - climbed up to retrieve the bird, but it took a couple tries to get it down. At one point, another firefighter fought off a falcon in the process."We really appreciate it and very very thankful because we didn't think we were ever going to see him again," Anthony said.Sidekick is now safe and sound. Anthony said she had already planned to clip the parrot's wings Wednesday. 857

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