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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 suspected of trying to burn down an Albertson's sign in El Cajon pleaded not guilty in Superior Court Friday.Joshua Edgell Wright was arrested Wednesday after he allegedly set fire to the sign at the grocery store off Broadway. A local business owner followed him to a Smart and Final in Lakeside, where he was apprehended. Wright appeared in court via video conference and said nothing. Records show he's been charged with 16 crimes in the last three years, including for petty theft, shoplifting, and resisting arrest.Deputy District Attorney Brandon Owens declined to discuss Wright's criminal history. Judge Daniel Lamborn set bail at ,000. Wright is next due in court Nov. 21. 742

SAN DIEGO (KGTV) - A Point Loma grandmother put up Christmas lights to spread cheer during California's stay-home order. It started when Johnene Smith saw Italians singing in solidarity amid a lock down due to the Coronavirus pandemic. She then heard about people putting up Christmas lights to brighten neighbors spirits and something clicked."I'm like I can do that! I don't have to leave my house and people can walk by and see the heart and [spread] just a little joy," Smith said.So she put up a glowing heart in her living room window. "I went and found a piece of cardboard, made a heart and poked little holes and put the lights in it, so they could see my heart is out there for everyone." Smith hoped it would bring some much needed joy during the stay-at-home order which is keeping her from her seven grandchildren. "The youngest is going to be a year old in two weeks and we're not going to be able to go to her birthday party," She said sadly.She took this time to focus instead on what she can control, which is her happiness. Particularly, that means reminiscing about Christmastime, "it was really the last time we had joy before everything started was at Christmastime so why not bring back a little joy in a time where we can't control it."Her display went up Friday sparking her neighbors to light up their own homes.Neighbor Jojo Peters was thrilled at the idea. "When Johnene says let's do lights, I said okay! And I went and dug them out as fast as I could and threw them up!"Both want to spread love and calm.'I just want them to see the hope that's there, and that we're all there for each other,' she said.Smith hopes more San Diegans join in spreading cheer in this time of uncertainty. 1721

SAN DIEGO (KGTV) – A man involved in a reported domestic violence incident in City Heights early Wednesday morning made his way onto the roof of a building and refused to come down, prompting a standoff with San Diego police.According to SDPD officials, officers responded to a domestic violence-related call at around 2:30 a.m. at a home in the 4100 block of Wilson Avenue. Police say the incident involved a man and his girlfriend, and the man allegedly destroyed a phone line or cell phone.When officers arrived, they spotted the man in the incident and tried to get him to surrender, but he ran away.With police in pursuit, the man climbed onto the roof of a home on 35th Street. Officers surrounded the home, but when police placed a ladder for the man to come down, he grabbed the ladder and pulled it onto the roof with him.The man used the ladder to help him cross onto the roof of a two-story apartment building in the 4000 block of 35th Street.As police negotiators tried to get the man to come down, he reportedly threatened officers with makeshift weapons and threw objects at emergency responders.After nearly 19 hours, the man was taken into custody just before 9:30 p.m. Wednesday night. 1211

SAN DIEGO (KGTV) - A new report paints a grim picture of the housing supply in San Diego.According to numbers just released by the Southern California Real Estate Research Council, housing permits in San Diego County dropped by 43% through the first six months of 2019, compared to the same period in 2018.So far this year, there have been 2,037 units of housing permitted in San Diego."We are in deep trouble in housing production," says Borre Winckel, the President of the Building Industry Association of San Diego County. "We can't build the housing for the people that need it most."Winckel says decades of increased costs from state and local fees, regulations, labor costs and more have led to this point. He says it's too expensive for developers to build anything that the average San Diegan can afford. He says that's pushing the "workforce" population of teachers, first responders and military out of the market."There will be homelessness, and there will be more workforce displacement to Temecula and points beyond," says Winckel. "That's all because we have screwed up the regulatory environment that exists to build houses for the people that need them."The numbers show a steady decline in housing construction in San Diego.2015: 6,403 permits2016: 6,0362017: 5,2302018: 4,2862019: 2.037 (so far)Winckel says the only solution is to ease regulations and make it easier for companies to build.According to the report, Santa Barbara had a 40% decline, while Los Angeles and San Bernardino had declines in permits around 20%. 1547