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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 Pacific Beach bartender was sucker-punched by a man he said refused to wear a face mask.Tony Aversa, bar lead at 710 Beach Club, said he was working on Saturday, Sept. 5, when he noticed a confrontation at the door around 7 p.m.He says he walked over to the three men and, "I just asked them to please put on a mask and I'll happily help you with whatever you need ... The guy just refused and continued to argue blatantly within inches of my face with no mask on."A female bartender walked over and Aversa said the man shoved her, so he put himself between the man and his coworker.That's when Aversa said another member of the combative group came running."He was walking away at the time and came running back down the sidewalk and blind-sided me with a punch ... Immediately, you could tell my nose was broken, I was gushing blood and I knew immediately what had happened, I kinda spun around and asked one of my employees to call the cops," Aversa said.He said an officer was there within a few minutes and walked with him, finding one of the men. Bystanders said the man who threw the punch got into a car and sped off.Police describe the man as Pacific Islander, 6'2", 260 lbs., with curly brown hair, and wearing a white t-shirt and dark basketball shorts.When we asked if Aversa had anything to say to the man, he said no. "I just want to see him put to justice at this point," says Aversa.Aversa will be seeing a surgeon later this week for his broken nose. "The right nostril is collapsed I can't breathe out of that and then the sinus cavity on my cheek got fractured so the inside of my mouth and teeth are bruised so I'm drinking smoothies for another week," he said.If you have any information on this crime, please call SDPD at 619-531-2000 or Crime Stoppers anonymously at 888-580-8477.Aversa hopes this doesn't happen to anyone else and that others can be kind during this difficult time."I didn't sign up for this job to be a mask babysitter ... That's not what any of us want to do but it is what we have to do to stay in business," says Aversa.Aversa isn't alone in attacks like this. Seven months into the pandemic, assaults on workers trying to enforce state guidelines have gone up. In August, Illinois Governor J.B. Pritzker passed a law making these assaults felonies to protect workers. 2342

SAN DIEGO (KGTV) -- A new WalletHub report shows where California ranks among best and worst states for teen drivers.According to the site, summer is the busiest time of year for teens obtaining their driver’s licenses.Overall, California took the 18th spot on the list right behind Kansas, however, California didn’t do quite as well in some other categories. California roads ranked on the list as the 48th worst in the nation while the state took the 36th spot for premium increases after adding a teen driver to a policy. RELATED: San Diego a top travel destination this July 4, AAA saysThe Golden State also ranks 47th when it comes to the average cost of car repairs. California placed first on the list when it comes to state regulations like the presence of occupant-protection laws and the presence of distracted driving laws. The state also took the 13th spot for teen driver fatalities per teen population. RELATED: Making It in San Diego: Financial preparations for your teen driverTo determine the safest and least safest places in the US for teenagers, WalletHub compared 50 states based on 23 metrics including the number of teen driver fatalities and average cost of repairs. If you're teaching your teen to drive, AAA has some tips on what to do. Practice driving with your teen in the neighborhood where their test will be and on the freeway Demonstrate good driving behavior Put away cell phones before driving The California DMV has a list of resources for preparing your teen to get a state driver's license. Click here for more information. 1572

SAN DIEGO (KGTV) — A measure that would increase property tax bills to pay for thousands of affordable housing units has moved closer to the November ballot.On Tuesday, the San Diego City Council voted 6-3 to support what's called a resolution of necessity about the measure. It directed city staff to prepare language for the council to approve for the November ballot.The San Diego Housing Federation, which brought the measure forward, says it would pave the way for an estimated 7,500 affordable housing units. Of those, 5,000 would be for the homeless and those at risk of becoming homeless, while another 2,500 would be for low-wage working families. RELATED: Father Joe's Villages breaks ground on affordable housing project in South Bay"This is a solution to homelessness on the scale of the problem that's in front of us," said Stephen Russell, who heads the federation. "Our hearts say we need to do this and frankly it is cheaper to put people in housing than it is to flood them with emergency services."The proposal would raise property taxes on average 19 cents per ,000 of assessed value, taking a gradual approach over about seven years. Once it is fully in place, an owner of a median priced home of 0,000 would pay an average of about 0 per year. The measure would require a two-thirds majority vote. RELATED: Renting is cheaper than buying a home, study showsThe council heard more than 90 minutes of supportive testimony, but outside the reception was more lukewarm. James Douglas, a downtown resident, said something needs to be done to help the homeless, but he lamented his own high rent. "I was paying 0 for a two-bedroom and living room, kitchen, front yard backyard out towards the San Bernardino area," He said. "Here I got a studio for ,000. It's not even worth it."The six Democrats on the council supported the measure. The two Republicans and independent voted no. 1917

SAN DIEGO (KGTV) — A man shot his wife and four sons at a Paradise Hills home Saturday, killing four, before taking his own life.Sunday morning, a GoFundMe set up by the victims' family identifies those killed as Sabrina, the mother, and her children, 3-year-old Enzi, 5-year-old Zuriel and 11-year-old Zeth. According to the page, 9-year-old Ezequiel is still in the hospital. The father was identified as Jose Valdivia, 31, according to City News Service. San Diego Police were called to the 2100 block of Flintridge Dr. just before 7 a.m. Police said the dispatcher could not communicate with the caller, but could hear an argument and someone being asked to leave in the background.Officers received another call en route to the home from a neighbor who said they heard arguing and what they believed to be a "nail gun firing." Police arrived and saw a young boy covered in blood inside the home. Three other boys, their mother, and their father were found inside with apparent gunshot wounds. A 3-year-old and the 29-year-old mother were pronounced dead at the scene, according to SDPD Lt. Matt Dobbs. The boys' 31-year-old father, believed to be the shooter, was also among the dead.A 5-year-old, 9-year-old, and 11-year-old were rushed to a nearby hospital. Two of those children have died and the other was taken into emergency surgery in critical condition, according to police.Officers had initially told media the 5-year-old and 9-year-old boys had died and the 11-year-old boy was in surgery, but said during Saturday's press conference they could not confirm which child was in critical condition.Police said the shooting was related to domestic violence and called it a "murder-suicide." A restraining order was filed Friday by the mother against the father, but isn't believe to have been served as of Saturday. Police said the father may have been aware of the order.Saturday morning, police said the father came to the residence and got into an argument with his wife, before using a handgun to shoot his family and then himself.The four boys and their mother lived on the property with several other relatives, police said. The father was not currently living at the property and the couple was going through some type of divorce process.Police confirmed officers were called to the property to break up an argument between the mother and father earlier this month, but no crime was committed."I just pray for that family," one neighbor said. "It's just a tragedy."San Diego Crisis Hotline: 888-724-7240RELATED:INTERACTIVE MAP: Track crime by locationViolent crime rises for fifth straight year in San Diego CountyLittle Italy bar's security guard gets jail time for shooting patron 2708

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