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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 hit-and-run crash which seriously injured a young boy.Constantino Banda Acosta was charged with the crash on Camino de la Plaza May 6, 2017.Investigators said Banda ran a stop sign at Dairy Mart Rd. 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.RELATED: Retrial begins for undocumented immigrant in crashDuring 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 17 times.Immigration and Customs Enforcement officials told 10News if Banda is not tried again (and effectively not convicted) he may or may not be deported.  ICE has requested that he be forwarded to the agency's custody upon any potential release. Banda's release will be subject to the Sheriff's Department under the California Sanctuary Law, ICE officials said. A judge will decide Friday whether a third trial will take place. 1938

SAN DIEGO (KGTV) - A man who was injured in a fire above a business near Belmont Park in Mission Beach has died.The San Diego County Medical Examiner's office announced the death of 36-year-old Aaron Porter, Wednesday evening.For the last 20 years, Richard Ghozul has worked at Kojack's Greek and American Food, and has lived in the upstairs apartment. Tuesday morning at around 6 AM, the 70-year-old was fast asleep until flames began crackling above his ceiling. “My apartment [is] gone, everything," Ghozul said. With the help of a lifeguard who ran into the apartments, Ghozul barely made it out alive. But Aaron Porter, the man who just moved in next door, did not. According to the County Medical Examiner, Aaron Porter died at UCSD Medical Center after suffering major thermal injuries.“He is always busy. He works on the fishing boat," Ghozul remembered of Porter. “I’m very sad for him.  Too much smoke happened to him.”Early mornings and late nights, Porter worked at Aztec Sportfishing. We spoke to the owner, Dacia Gawitt, who said Porter worked with them every tuna season for the last four years as a deckhand. Gawitt sent 10News this statement: 1187

SAN DIEGO (KGTV) -- A man attempting to kill weeds set his house on fire in San Diego Sunday, according to firefighters.The fire happened just before 11 a.m. on the 4500 block of Clairemont Avenue. The man was trying to use a hand-held propane torch to kill the weeds in a planter box in front of his property when the plants caught fire.Shortly after the plants caught fire, the flames spread to the rest of the house.Firefighters arrived quickly and were able to extinguish the flames in about five minutes.Authorities estimate there is about ,000 in damage to the house.No one was injured. 613

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 San Diego company created technology for NASA's 2020 Mars rover, launching in July.The Perseverance is set to launch July 20, at 9:15 a.m. EST.NASA's been working on this project for more than a decade, drawing from past missions with hopes of finding evidence of past life on the red planet."It's a really exciting mission!" Mike Carpenter, VP of Engineering at KULR Technology said."We don't know for sure what they're going to find, but if they find any hard evidence of life that would be wonderful." Carpenter is thrilled to be a part of this mission, bringing a piece of San Diego to Mars.Carpenter said the company is known for it's technology that keeps batteries from exploding.For the rover, they created heat sinks that control the temperature around sensitive instruments. Specifically the heat sinks on Perseverance protect SHERLOC, a detector on the arm of the rover that looks for signs of past life.KULR sent similar tech to Mercury, but this is their first trip to Mars."It is the largest most sophisticated rover NASA has sent there," Carpenter said.According to NASA, Perseverance will be landing in the Jezero Crater, the site of an ancient river delta.The mission has four Science Goals:1. Determine whether life ever arose on Mars.2. Characterize the climate on Mars. (Seeking to find if an ancient climate could have supported life.)3. Characterize the geology of Mars.4. Prepare for human exploration."This science goal relates to national space policy for sending humans to Mars in the 2030s." 1547