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SAN DIEGO (KGTV) -- The retrial began Thursday for Constantino Banda Acosta, the man prosecutors say was drunk and angry from a fight when he caused a hit-and-run crash that severely injured a 6-year-old returning from a family trip to Disneyland. The jury was deadlocked Thursday on whether or not Banda was even at the wheel. Throughout the trial, Banda sat quietly in the courtroom and could be seen smiling at the jury as attorneys laid out their case.The central question in the retrial is whether Banda or an employee of his construction company, Jorge Adame Ariza, was the one driving.RELATED: Verdict reached in trial for driver accused in hit-and-run crash that injured boyAriza was captured in security footage driving the truck from a restaurant where the two men were drinking.Ariza claims he turned the wheel over to Banda before the accident happened, which severely injured 6-year-old Lennox Lake of San Ysidro. Authorities say Banda had also been deported at least 17 times before the crash.Prosecution in the case say the two men were heatedly searching for a man who beat up Banda. Lake’s father says the young boy is expected to testify in the trial later Thursday.Lake is still receiving extensive treatments for his injuries.RELATED: Jury deadlocked in case against driver accused in San Ysidro hit-and-run?Banda was speeding west on Camino de La Plaza around 11:30 p.m. on May 6 when he reportedly ran a stop sign at Dairy Mart Road and crashed his pickup into a Honda Accord carrying the Lake family. In September of 2017, a jury found Banda guilty of misdemeanor charges of driving without a license, battery and vandalism. The jury was hung, however, on felony charges of hit and run causing death or permanent injury, DUI causing injury and driving with immeasurable blood alcohol causing injury.  1866

SAN DIEGO (KGTV) -- Three people were rescued from atop the border wall in San Diego Sunday evening, Border Patrol said Tuesday. According to a news release, agents spotted three people perched on top of the wall near Otay Mesa around midnight January 5. A man and two women reportedly tried to enter the U.S. illegally by climbing the wall amid dense fog. “The trio became stuck at the top of the wet, slippery wall after smugglers abandoned them,” the agency said. RELATED: Woman tries to smuggle meth with 7-year-old in car, Border Patrol saysSan Diego Fire-Rescue also responded and used a ladder truck to rescue the individuals. Border Patrol says all three people, a 36-year-old man, 20-year-old woman and 18-year-old woman, were Mexican Nationals. All three were taken to a Border Patrol station for processing. RELATED: Border Patrol rescues man abandoned by smugglers near US-Mexico border“These three were very fortunate to not have fallen from the top of the wall which could have resulted in serious injury or death,” said San Diego Sector’s Acting Chief Patrol Agent Aaron Heitke. “These dangers are not important considerations to smugglers, who place an emphasis on profits over safety.” 1210

SAN DIEGO (KGTV) - The San Diego County Fair is approaching the for families, that means tickets, parking, food, and more expenses.For a family of four, a day out anywhere could be costly and some of those costs creep up on families.But it's still possible for everyone to have a great day at the fair without breaking the bank, especially when you consider all the deals available to save money.REMEMBER: There are deals on admission, food, and rides for all agesIf you're about to pull out the calculator, allow us to help with what a basic day without taking advantage of any discounts will run a family of four:(Prices based on a family of four with two adults ages 13-61, and two children between the ages of 6-12.)TICKETS... 763

SAN DIEGO (KGTV) — Thursday, San Diego Mayor Kevin Faulconer called on Governor Gavin Newsom to issue guidance that would allow San Diego's hotel industry to resume hosting business meetings and conferences."It's incredibly important for the jobs that this industry represents and the bottom line of dollars to our city," Faulconer said.San Diego tourism officials tell ABC 10News that the industry has lost an estimated billion due to the pandemic thus far. About 22% of out-of-town visitors to San Diego typically come for business meetings or conferences. The loss of this business has led to the loss of more than 50,000 local hospitality jobs.Thursday, Faulconer visited the Manchester Grand Hyatt to review the safety protocols they would put into place for business travelers. That includes plexiglass dividers, hand sanitizing stations, outdoor meeting spaces, and socially distanced seating."Seeing is believing," Faulconer said. "When you can see firsthand the remarkable precautions that our hotel industry has taken, the remarkable job that they have done with leisure travel, we can host business travel safely.”Faulconer points out that California is the only state in the country that bans hotels from hosting businesses.ABC 10News reached out to the California Department of Public Health. A spokesperson sent the following statement: "California’s Blueprint for a Safer Economy is intentionally slow and stringent to help slow and stop the spread of COVID-19. Any setting where large scale, random mixing occurs presents a higher risk activity for the spread of COVID-19.The state's public health guidelines are driven by data and science. This will continue. As the data evolves and science evolves we will update the guidelines and Blueprint accordingly. When we have specific updates to hotel and lodging guidance, we will alert the public and the media." 1886

SAN DIEGO (KGTV) - The San Diego City Attorney's Office shut down an Airbnb vacation rental in Bankers Hill Friday, citing concerns over gatherings amid coronavirus-related restrictions and nearly two dozen other violations.“From packing a party house during a pandemic to illegally renovating an entire property, the conduct of the defendants in this case is egregious and unacceptable,” City Attorney Mara W. Elliott said in a news release sent to ABC 10News. “No neighborhood should have to put up with such dangerous behavior.”The home on 2970 2nd Ave. is listed on Airbnb’s website as "The Ashley - Your Private Oasis Next to Downtown." It rents for 0 per night.Airbnb sent the following statement to ABC 10News: 728