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SAN DIEGO (KGTV) — A judge has issued a temporary restraining order against the City of San Diego, barring them from removing pepper trees in Kensington.The trees are more than 100 years old, planted when the neighborhood was first marketed as a housing development in the early 1910s. While the neighborhood was once filled with them, resident Maggie McCann estimates there are only about 33 left.“I think they are pretty looking,” said McCann. “They’re part of the fabric of the neighborhood.”McCann was one of the residents who filed the TRO against the city. She said she has been working for more than a year to designate the remaining pepper trees as “Heritage Trees” and “Parkway Resource Trees” under the City’s Conserve-a-Tree program.When she heard a pepper tree on the 4500 block of Edgeware Road had been cut down on Monday, she rushed to process the TRO.“We don’t know why these trees are being cut down,” said McCann.McCann suggested it may be related to a plan to bury SDGE utility lines in the neighborhood, but the City of San Diego denies that claim.In a statement to 10News, a city spokesperson said the tree that was cut down Monday had been “evaluated more than a year ago as part of a project to repair a damaged and uneven sidewalk caused by the tree’s growth. Noticeable decay and deteriorating tree structure were also observed during the evaluation and the adjacent property owner was notified at that time.”On Tuesday, the remnants of the trunk remained on Edgeware Rd. Decay could be seen in the interior part of the tree, though much of the large trunk appeared to be healthy.“The tree really didn’t need to be removed,” argued McCann.But the city said their decision was more about damage to the sidewalk than whether the tree could have survived a few more decades.“In this instance, the imperative to make the sidewalk safer for residents was weighed against the city’s desire to preserve neighborhood trees and continue to grow our urban canopy. Due to the tree’s damaging impact to the adjacent sidewalk and its decaying state, the decision was made to remove it in order to preserve public safety,” wrote the city spokesperson.A resident on the block said the sidewalk had been recently replaced. The new pavement had been cut around the tree and was undamaged.Several other pepper trees in Kensington have been marked for removal. On Tuesday, McCann walked the streets, posting copies of the TRO on the trees.The fate of those trees remains unknown. A city spokesperson said, “the city looks forward to working with the community and Council office on this matter.” A court hearing on the TRO is scheduled for Feb. 7. 2661

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 Marine died Saturday night after being hit by a car in the Midway district. San Diego Police say the crash happened around 7 p.m. on the 2700 block of Midway Drive. According to police, the man in his early 20s left a bar in the area when he walked or fell onto Midway Drive before being struck by a car. Police are checking surveillance cameras in the area to identify the driver, who left after the crash. A woman who lives in the area says cars often speed on the road and that there are few places to cross the street.“Like almost a half a mile down, and so if you're gonna cross, you can either walk extra far or you can jaywalk'; a lot of people you do you see jaywalking,” Quinn Dekker told 10News. 736

SAN DIEGO (KGTV) - A Palomar College student told deputies he wanted to cause a mass casualty shooting at the school and carry it out in April to commemorate the Columbine High School shooting.Team 10 has learned the student is the same person who made threats involving the San Diego County Administration Center last week.10News is not naming the student because no records are showing he’s been charged with a crime at this time.According to court documents obtained by 10News, the student stated to San Diego County Sheriff’s deputies he intended on “targeting the egress walkways by using an elevated point and shooting a firearm upon bystanders.”The court filing, a petition for workplace violence restraining orders, included a Palomar College Incident Reporting Form that stated, “he intended on targeting the egress walkways by using an elevated point and shooting a firearm upon bystanders.” It also noted he “began planning this assault in January 2018 and wanted to carry it out on Friday, April 20, 2018, to commemorate the Columbine High School shooting.”The student didn't have a specific staff member or student targeted but was looking at any bystanders that would be in the area.A spokesperson for Palomar College tells 10News,  1269

SAN DIEGO (KGTV) - A San Diego insurance agent who cheated 15 victims out of nearly .5 million was sentenced Wednesday to nine years in prison.Shawn Heffernan, 43, pleaded guilty in February to 29 felony counts of fraud and other charges, according to the San Diego County District Attorney’s Office.Heffernan would often convince clients to surrender existing life insurance policies and purchase new ones. The practice, known as “churning” or “twisting”, led to hefty commissions for Heffernan and steep penalties for clients, prosecutors said. Heffernan also collected investment funds and spent them on personal items including a Maserati, jewelry, and a lavish wedding, according to the District Attorney. Eight of Heffernan’s victims were senior citizens.“Stealing money from investors, and defrauding them out of their hard-earned savings, especially when some of the victims are senior citizens, is disgraceful and will not be tolerated,” District Attorney Summer Stephan said.  1011