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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 new report shows how San Diego ranks among U.S. and California cities for seniors. According to caring.com, San Diego ranks 159th out of 302 cities nationally for best and worst cities for seniors. San Diego ranked high on the list when it comes to quality of life, ranking 94th out of the 302 cities. Some areas where San Diego ranked lower include healthcare,180th out of 302 and affordability, placing 194th out of 302. In California, San Diego ranked fairly low, coming in at 45th among 75 cities. The best cities in The Golden State for seniors are San Francisco, Woodland Hills, Santa Monica and Burlingame. Nationally, San Francisco also took the top spot, followed by Fredericksburg, Virginia, Washington D.C. and Boston Massachusetts. Caring.com rated the cities using data on healthcare, housing options, community engagement, transportation, quality of life and workforce development. According to the U.S. Census Bureau, seniors will outnumber kids by 2035. A separate study found that retirees in America's Finest City are downsizing to make it in San Diego. Meanwhile, other programs in San Diego, another program run by the Jewish Family Service is setting its sights on seniors struggling in San Diego. 1249

SAN DIEGO (KGTV) -- A Navy sailor is under investigation in connection with the fire that caused extensive damage to the USS Bonhomme Richard at Naval Base San Diego, sources told ABC 10News.Multiple sources with close ties to Naval Criminal Investigative Service (NCIS) told ABC 10News that investigators determined the July 12 fire may have been set intentionally. Investigators identified a sailor as an arson suspect in their probe, sources said.The sources added multiple search warrants were executed at the sailor’s home and property. The sailor’s name and rank were not disclosed.On Tuesday, a Navy spokesperson told ABC 10News that NCIS requested help from the National Response Team for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) because the agency provides resources and expertise on complex, large-scale incidents like the massive ship fire.A Navy spokesperson on Wednesday declined to confirm what sources told ABC 10News regarding the suspect and now-arson investigation.However, the spokesperson said, “The investigations are ongoing and there is nothing new to announce on their current status or findings.”The fire erupted on the morning of July 12 in a storage area aboard the vessel, sending thick smoke over the San Diego Bay that was visible for miles.Over the course of four days, thousands of helicopter water drops were conducted to aid firefighters on the ground.Dozens of sailors and firefighters sustained minor injuries during the firefighting effort.By the fourth day of the battle, crews were able to knock down all known fires aboard the ship.It remains unclear if the damage caused by the fire will prevent the USS Bonhomme Richard from sailing again.RELATED COVERAGE:Regulators say smoke from ship fire not a health riskNavy Admiral meets, thanks sailors who put out ship fireNavy ship fire causing air quality problems in San DiegoTwo sailors who battled ship fire test positive for coronavirusNavy officials say all known fires aboard USS Bonhomme Richard are out 2025

SAN DIEGO (KGTV) -- A man died after an SUV veered off a freeway in the National City area and crash landed in the Sweetwater River Friday morning.The California Highway Patrol said the incident involving a Lexus SUV was reported just before 5:40 a.m. on the westbound side of state Route 54, near the transition to Interstate 5.ABC 10News learned a woman was walking on a bike path along the Sweetwater River when she saw a vehicle come off the freeway and down an embankment.The woman told authorities that the SUV almost hit her and then crashed in the water.Authorities at the scene confirmed that a man believed to be the driver was pulled from the water but died despite life-saving measures at the scene. The CHP identified the man as a 69-year-old Chula Vista resident.A team of divers was sent into the water to determine if more people were in the SUV, but no other victims were located. The CHP later confirmed the deceased male was the SUV's lone occupant.A tow truck helped pull the vehicle from the water.The cause of the crash is under investigation and anyone who may have witnessed the incident is urged to contact local authorities. 1158

SAN DIEGO (KGTV) -- A new poll shows that a majority of San Diegans support stricter gun laws in the U.S.A Survey USA poll released Sunday morning shows that 71 percent of those asked in San Diego support stricter gun laws while 18 percent say they oppose tighter gun restrictions.Meanwhile, 32 percent of those asked say even private gun ownership makes the country less safe while 29 percent says it makes no difference.Of those asked about safety, 76 percent of San Diegans say they worry their child could be a victim of a school shooting.RELATED: San Diegans rally for gun control in March for Our Lives eventsWhile 73 percent of people polled say they don’t know anyone who’s ever been a victim of gun violence, 27 percent of those polled say they worry a great deal about being a victim of a shooting.As far as a possible solution, 77 percent of people polled say Congress needs to do more to address gun violence. Meanwhile, 71 percent of San Diegans say President Trump needs to do more. 1019

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