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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 local business owner is warning others about a phony debt restructuring company that he said cost him thousands of dollars.Hugh Herrera owns Pacific Beach Vinyl."What we're selling is music, which is one of the uplifting things of life," Herrera said.A couple years ago, Herrera needed help managing his debt with the business. After a situation with a lender, he eventually turned to what he thought was a legitimate debt restructuring company. He received a solicitation in the mail and gave the company a call."It sounded like something viable to me," Herrera said.He started working with Corporate Restructure, Inc. He said he paid about 0 a week."In the end, the net result, we'd pay about half of whatever we owed through making weekly payments to this firm," Herrera said. Instead, Herrera said Corporate Restructure took about ,000 and ran."They just disappeared. Couldn't get a hold of them," Herrera said.According to news releases from the Department of Justice in New York, the men behind Corporate restructure faced dozens of charges related to bank and mail fraud. The news release dated late last year said there were approximately 200 victims that lost a total of .2 million."Somebody should really look out for predatory-type people, obviously, because that's what happened to us," Herrera said.He is now working to pay off his existing debt after he learned an expensive lesson."Things are looking better. Light at the end of the tunnel," Herrera said.Herrera started a GoFundMe campaign, which has helped keep the business afloat. He has hopes of getting some of his money back after the criminal proceedings in his case are finished.The Federal Trade Commission recommends people to contact creditors directly for assistance with debt. It also recommends seeing a local credit union or college for more resources. Consumers can also check out a business through the Attorney General's website. 1956
SAN DIEGO (KGTV) -- A new report found that San Diego is one of the worst cities to buy a home, but a nearby city may give San Diegans hope. The report by GOBankRates lists San Diego as one of the 15 worst placed to buy a home in the country. The site says home prices in San Diego have increased by 1.8 percent over the last year. In the last five years, home values have grown by a little more than 33 percent. “The populous city of San Diego may be home to over 1.3 million people, but home values grow slower than some of the smaller, neighboring cities. San Diego only saw home values increase at a rate of 1.8% over the past year,” the site says. A better option, the website says, is National City, where home values have increased over the last five years by more than 49 percent. “National City offers a smaller footprint for a better value. The median home value is an impressive 5,500, which is almost 0,000 cheaper than San Diego.”If you are considering buying in San Diego, there are options. A new housing development is going up in Otay Mesa geared toward first-time buyers. There's also hope for teachers. School districts around San Diego could begin building affordable housing for employees and teachers struggling to make ends meet. 1267
SAN DIEGO (KGTV) – A new public service announcement produced by the California Highway Patrol focuses on the deaths of a Valley Center family in a 2017 DUI-related crash and its impact on an officer and his niece, the lone survivor of the tragedy.In November 2017, the Latulippe family were traveling in Austin, Texas, when a drunken driver crashed into their vehicle.Scott Latulippe, his wife Nancy, and their 14-year-old son Jackson died in the wreck. Ten-year-old Kiera Latulippe survived.The driver, Guy Brasted, was eventually convicted for the family members’ deaths and was sentenced to 18 years in prison.RELATED:-- Drunk driver sentenced for killing Valley Center family-- Funeral honors Valley Center family members killed in suspected DUI crash-- Valley Center remembers family killed in DUI crashCHP Officer Mark Latulippe, Scott’s cousin, became Kiera’s legal guardian."Someone's choice completely changed her life," said Officer Latulippe. "It’s an honor to take her in. I wish Scott, Nancy, and Jackson were still here. I’m filling in."The CHP’s documentary-style PSA, titled “Falling,” tells the story of the Latulippe family, but it also shows the dramatic effects DUI can have on people’s lives.Officer Latulippe said, “DUI is a constant issue that is not going away … DUI is a choice. DUI is completely preventable.”He tells ABC 10News that his goal is to make someone stop and think before drinking and driving."Have a plan," he said. "Good people make bad choices, make a good choice."Watch the CHP-produced “Falling” below: 1554
SAN DIEGO (KGTV) - A North County school district is fighting off potential threats with cutting-edge technology.On Thursday the school board approved plans to install an electronic access control system on its campus by the 2019-2020 school year. Funding for the 4,000 project will come out of the district's capital facilities fund. The system will provide global lockdown capability through panic buttons, card readers, computer, or mobile device.LED lights will notify teachers if their classroom door is locked, they can also lock them manually or with a key card. Teachers can also unlock the doors from the inside if they need to let a student in.Jeff Kaye, President and CEO of School Safety Operations, assesses how secure schools are and offers recommendations.He commended Rancho Santa Fe for a high baseline for emergency preparedness, but says it can always be improved. “What we see with locks at all schools is the inability to lock a door from inside of classroom without the use of keys. It makes sense because most of these schools were designed before we had this type of threat. Locks were meant to secure the school after school, not to keep something bad out during school," said Kaye.Kaye says during the Parkland, Florida shooting someone was killed opening the door to try and secure the classroom. He recommends all schools invest in electronic locks in some capacity.“Money is a tough commodity in education safety, especially in California. So when we have someone trying to sell Kevlar doors or Kevlar safe rooms or Kevlar backpacks and the school doesn't have doors that can lock, we say it's like building your swimming pool before building your house," said Kaye. He says there are more affordable options for larger school districts. “That’s where we need to go in education safety, proactive rather than reactive," Kaye.The International School Safety Institute Conference will be held in San Diego at the end of September. 1969