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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, California hit-and-run crash which seriously injured a young boy.Constantino Banda Acosta was charged with the crash  on May 6, 2017.Investigators said Banda ran a stop sign 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.During 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 at least 15 times over the past 15 years, most recently on January 18.A judge will decide Friday whether a third trial will take place. 1544

SAN DIEGO (KGTV) - A Lakeside mother made a life-changing sacrifice for a teenager she had never met.“I went into this not knowing if I would ever meet the family,” said Tiffany Jokerst of the surgery.Jokers, a math teacher, has spent her life giving to others. She was web surfing when she noticed a post that would push her to do even more.“I actually saw a story online about a little girl who needed a kidney,” said Jokerst.Without hesitation, Jokerst launched into the process, only to learn she was not a match to the girl. However, Jokerst was a match to 17-year-old Alejandro Hernandez.“Alejandro has been struggling with kidney disease all his life, finally his kidneys failed,” said Dr. Elizabeth Ingulli of Rady Children’s Hospital.The hospital currently has 29 patients on its transplant waiting list.Jokerst agreed to the surgery and Hernandez received the transplant he desperately needed.“I can play soccer, work out, hang out with my friends,” Hernandez said.Jokerst and Hernandez met for the first time Tuesday. Their biological bond is undeniable and they hope their new friendship lasts a lifetime.“I’m so happy,” Hernandez said. 1156

SAN DIEGO (KGTV) — A pillar in San Diego's art community says it's being forced out of the neighborhood by high rent.La Bodega Gallery and Studios announced Tuesday it's closing its doors after six years following failed lease negotiations. The Logan Avenue gallery has leased the space at the historic Bank of Italy building since 2013 and is one of the founders of the Barrio Arts District.The gallery must now vacate the property by January 2020, gallery owners Chris Zertuche and Soni Lopez-Chavez say.RELATED:For rent: San Diego backyard shed listed for ,050 per monthCalls to change San Diego’s zoning regulationsZertuche and Lopez-Chavez say gentrification is to blame for the closing."It is unfortunate that a community art space that has created so much value for property owners in Barrio Logan can no longer afford to do business here," a release by the gallery said. "[Chris and Soni] have poured their lives into their business and the community they love and are saddened that the ugly face of gentrification pushed them out."The gallery has hosted more than 300 events in the community, the gallery says, and hosted several fundraisers for community organizations. The gallery has also won a variety of local accolades from San Diego magazines."[Chris and Soni] are not the first art space and small business to be gentrified out of Barrio Logan. They are just next," the release added. 1411

SAN DIEGO (KGTV) – A man was hospitalized after being shot in San Diego’s Encanto neighborhood, police said Thursday.The shooting occurred at around 5:50 p.m. Wednesday on Imperial Avenue, according to San Diego police.Police said the gunfire detection system ShotSpotter reported shots fired in an area near the 6100 block of Imperial Avenue. A second ShotSpotter activation followed shortly after, this time coming from the 6300 block of Imperial Avenue.Responding officers arrived to find a man lying on the ground in a parking lot of a business. The victim had an apparent gunshot wound to his upper torso, police said.The 24-year-old victim was taken to the hospital and is in extreme critical condition, according to police.Police said, “At this time, there is very little known about the circumstances surrounding this incident.”Anyone with information regarding the shooting is asked to call SDPD’s Homicide Unit at 619-531-2293 or Crime Stoppers at 888-580-8477. 979

SAN DIEGO (KGTV) - A Portland nonprofit is spreading hope and strength where it's needed most, to children and teens battling cancer, living with special needs, or coping after trauma.The Capes and Crowns Foundation gives these warriors a chance to live out their superhero fantasy for a day, dressing them up in the hero, princess or athlete of their choice.With the help of imagination and Photoshop, the result is a captivating photo the family can cherish forever. “It reminds these kids they are the real superheroes," said Kylie Cole, Founder and President of the foundation.Because many of the children have a terminal illness, Cole says every photo shoot must be perfect.Her team goes the extra mile, not only with staged photo shoots but also photographing hospice sessions and memorial services.“It's very obvious, this is what my entire life was meant for," said Cole.Capes and Crowns is touring the country to reach as many kids as possible.For the Los Angeles/San Diego trip, costumes alone cost ,000.The team hopes people watching will be inspired by their mission and donate to help more kids live out their wildest imaginations.  1165