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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 local police expert thinks the recent surge in gun violence in southeastern San Diego is the work of gangs. Kevin LaChapelle is a former El Cajon police officer who investigated gang crimes, now working as an expert in gang intervention. LaChapelle thinks San Diego police will solve these crimes rather quickly.ORIGINAL STORY: Downtown San Diego: 5 people shot in shootings near Petco Park"As they gather evidence, they're going to start debriefing with each other and talking about similarities, things that the witnesses said, and really getting information that is similar to one another," said LaChapelle. He says it's too hard to pinpoint a reason for these shootings but says the suspects targeting people at random leads him to believe it's gang-related. "This leads me to believe that there's something going on within the gang itself, whether it's initiation or it could also just be the gangs flexing their muscle," said LaChapelle.RELATED: 1011

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 man who reportedly threatened to “kill all the gays and children” at the San Diego Pride parade was charged with three bank robberies after authorities linked him to both the threats and the robberies. According to authorities, Andre Lafayette Holmes was linked to three bank robberies in San Diego County spanning from 2016 to 2019 after reportedly making the threats against Pride. FBI agents identified Holmes following threats he made to Pride organizers on July 10, 2019, according to a news release from the U.S. Attorney’s office. In the first of two late-morning calls to organizers of the parade, the caller said: : “I think I’m going to have to kill all the gays and the children.” He then repeated, “I’m going to have to kill the f------ and children.” The employee asked, “Sir, what’s your name?” The caller replied: “I don’t like them” and “I hate the f------," the U.S. Attorney's office says. Authorities say he then hung up the phone before calling again about four minutes later, stating: “F--- Donald Trump. I hate Hillary. I hate f---. I’m going to shoot up the Pride event.” San Diego Police were able to track Holmes down near Miramar College using his cellphone. After searching his vehicle and home, investigators found evidence linking him to the bank robberies, including a semi-automatic pistol, a rubber “old man” mask, a large bag of cash and clothes believed to have been worn by the bank robber. Holmes is accused of robbing a US Bank on Campo Road in Spring Valley on November 4, 2016; Mission Federal Credit Union in San Diego on June 14, 2018, and California Bank and Trust on Fifth Avenue, also in San Diego, on June 28, 2019. According to the U.S. Attorney, authorities are evaluating further charges for Holmes’ threats to the San Diego Pride Parade. 1817

SAN DIEGO (KGTV) — A Rolando resident is taking Halloween decor to new heights this month, with a NASA-themed display outside his home.Greg Jones is known in the neighborhood for his elaborate Halloween displays. Every year, locals expect an out-of-this-world display. This year, he took that reputation literally.Saturday night, dozens of neighbors and volunteers witnessed the inaugural rocket launch outside the home at 4648 Rolando Blvd., which took months to complete.The celebratory launch came complete with Jones in costume as an astronaut, a moon rover, space capsules, and a 30-foot rocket.The massive space display will be up through Halloween, with a "rocket launch" visible each night.In years past, Jones has delivered a heaping dose of Halloween to his street, bringing mammoth displays including a giant Octopus and King Kong to life over his home. 872

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