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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) -- A shark advisory is being issued Tuesday after witnesses reported seeing a five-foot-long shark near Black's Beach. According to Mónica Mu?oz with San Diego Fire-Rescue, the advisory is in place from the Mushroom House north to Bathtub Rock, also known as Flat Rock. “Some witnesses reported seeing a shark of about five feet in length which does not reach the threshold of a significant threat. However, the number of witnesses and the feeding behavior observed influenced the lifeguards’ decision to issue the advisory,” Mu?oz said. Just after 12:30 p.m., a group of 25 surfers got out of the water at Black's Beach after reportedly seeing a shark eating a sea lion. Another group of people reported similar information to a lifeguard. In the same area, Mu?oz says lifeguards witnessed a large sea lion eating a fish. The department says there were either two separate sightings in the area, or witnesses all saw a sea lion feeding on a fish, but mistook it for a shark. “We are acting out of an abundance of caution,” Mu?oz added. Lifeguards are conducting active patrols in the area to let people know what witnesses saw. Mu?oz says lifeguards are advising against water activity; however, the water is not closed to people who choose to enter. Signs will also be posted in the area. 1316

SAN DIEGO (KGTV) — A sea lion pup in Encinitas was saved Tuesday from a diver's mask that was tightly wrapped around its neck.The year-old sea lion pup was found at Swami's Beach with a diver's mask wrapped around its neck. The sea lion, which only weighed about 32 pounds, appeared malnourished and dehydrated, according to SeaWorld rescue team members.The mask had been wrapped around the sea lion's neck for weeks, preventing the pup from foraging and eating.RELATED: Sea lion lies down in front of San Diego hotel's sign, refuses to budgeHad the mask remained on the pup, the animal would likely have eventually starved to death or been strangled by the mask, crews said.Rescue team members cut the mask off the sea lion, but found that a wound caused by the mask had become infected. Crews took the pup to SeaWorld’s Animal Health and Rescue Center, where officials treated the sea lion's wound.Officials say other than the wound and undernourishment, the sea lion was in good health. They hope to release the pup back into the wild in the next few months after rehabilitation. 1090

SAN DIEGO (KGTV) - Across the county, doorbell camera video has caught 'grinches' behaving badly."Upsetting and makes me feel violated," said Catherine Butler, who lives on Palm Avenue in La Mesa.When Butler woke up Wednesday morning, she came upon a mess outside her home. A wreath hanging on the side of her home was on the ground. A lighted garland was cut and left in her yard. She found a string of cut-up Christmas lights near the sidewalk.RELATED: How to stop porch pirates from stealing your packages around the holidays"It makes me mad. It's not right and it's very grinchy," said Butler.Surveillance video reveals the culprit: a man walking barefoot on her patio railing, yanking down her lights. "I put up things because it's fun to be in the season. To have something negative happen, it just feels really personal," said Butler. Butler is hardly the only one feeling that way. There have been a plethora of videos posted this week of package thieves throughout the county, likely targeting Christmas presents. In Chula Vista, a video posted on the Neighbors App by Ring shows a man wrangling a large holiday wreath off a front door. In the post, the homeowner says the wreath had been put up for the last 15 years.In another post from Spring Valley, a person seen walking away from a home and into a waiting car took a Mickey Mouse projector light. Sometimes, a grinch can be dangerous. RELATED: A porch pirate stole a package from a home, then threw shade with a snarky 'thank you' note In Escondido, the Pimentel family recently told 10news their six, holiday inflatables were the likely target for vandals on Saturday night, after they found BBs wedged in their home. Part of their living window was shattered, as their children were inside watching 'The Polar Express."Ring videos show several grinches in a neighborhood in Del Sur, but these thieves had a change of heart. Teens are seen nabbing a 0 projector light. The victim posted the video on social media Wednesday and hours later, a teen was recorded dropping it off on the front doorstep. 2075

SAN DIEGO (KGTV) - A San Diego Strike Team called to battle the Kincade Fire returned home Halloween night, and told 10News of the harrowing fight.The team was comprised of five engines and 21 firefighters from Imperial Beach, Coronado, San Diego, and Chula Vista, according to Battalion Chief Rob Hartman. The group spent four days on the front lines."The resources were very limited just because of everything going on in the state," Hartman said, adding there was no air support in the area where they were fighting the fire.Another challenge they faced was, "just finding a water source. Sometimes out in the country, it's not like there's a fire hydrant every 300 feet. We had to drive a ways to get water to fill up and get back into the fight again."Hartman said they got hardly any sleep and worked in constant dark smoke and strong winds."This is your area, you want to save everything but there are just times where it's just not going to happen."Hartman said it was a struggle to save some homes. One firefighter spotted a home down a narrow driveway that was starting to catch fire."It was just so dangerous, the road was so narrow, there was no place to turn around. The house was already, it was going to be over the amount of water we had and we had to just turn to the guy and say this is going to be a loser. We're not going to be able to do this safely," Hartman said.He described the struggle of losing any businesses or homes during the battle, "you try to put yourself in the position of the owner, so you want to safe the house, you want to save every house... Sometimes it's a little heart-wrenching."Ultimately the strike team stopped the fire line, protecting the City of Windsor.Hartman said they remain ready to deploy if needed. 1764