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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 San Diego family is hoping to make their way home from Mexico on Thursday after having to ride out Hurricane Delta at the hotel where they were staying. Victor Lopez is a local restaurant owner of El Pollo Grill. Lopez's family traveled to Playa Del Carmen, Mexico last week. As Hurricane Delta was approaching, they booked a flight to leave the region, but their flight was canceled as they were heading to the airport. As the hurricane was approaching, the family was moved to a hotel ballroom where they spent the night as the hurricane passed. Lopez says there were no windows in the ballroom so they could only hear the heavy rain and strong winds. Lopez admits that the ballroom was crowded and there was some concern of COVID-19, but he said the hotel staff was disinfecting constantly and everyone was wearing masks. The hurricane did little damage to the resort in Playa Del Carmen, but just 45 minutes away in Cancun's hotel zone, debris and palm fronds were scattered all over the streets. Lopez and his family are hoping to return to San Diego on Thursday afternoon. Hurricane Delta is expected to make landfall in Louisiana on Friday afternoon. 1188

SAN DIEGO (KGTV) -- A man was arrested Sunday morning after police say he crashed into a police car during a chase in La Mesa.The crash happened around 1 a.m. on Spring Street and University Avenue. Police say they were called to an area bar when a man involved in a fight got into his car and drove away.The chase was brief and ended when the suspect struck the police car. The driver was taken into custody for weapons charges and driving under the influence, police say.No one was injured in the crash. 513
SAN DIEGO (KGTV) -- A San Diego couple is challenging a luxury carmaker after their BMW SUV suddenly caught on fire. The Pearsons said they bought a BMWx5 in August 2018 because they thought it would be safe and reliable. In December, they replaced the battery at BMW of Escondido. The next month, Lisa Pearson was driving on Interstate 15 when she noticed a warning light showing an airbag and parking brake error. She pulled over and noticed smoke coming from the back of the car.“It happened so fast,” Lisa said. A fire had started from the rear of her vehicle. A passing tow truck driver stopped to help put out the smoke and flames. Firefighters told her it could have been a different story if her children were inside in their car seats. “It was really nerve wracking,” Lisa said. “I was really thankful since I saw that the fire was happening in the back of the car that the kids weren’t there.”They said their SUV was a total loss. It was after the fire that the Pearsons ran into even more problems. When BMW of North America inspected the vehicle, they blamed it on “an improperly secured connection of the battery cable." In the letter to the Pearsons dated February 29, 2019, Executive Customer Care Representative Michael Pigoncelli wrote, “BMW NA cannot accept responsibility for any damage, injury, or loss associated with the fire…” BMW of Escondido disagreed with corporate’s allegations, writing to the Pearsons that “the repair was done as per the BMW guidelines.” “It just seems that they’re pointing fingers at each other. Nobody cares about us or the consumer,” said Ryan Pearson. “It was still under factory warranty,” Lisa added, saying they hadn't even had it for five months. “What’s it going to take? Does someone need to die?” The Pearsons are not the only local couple to have their BMW catch fire. In October 2017, Laura Ohme said her parked BMW started a fire at the Torrey Hills homes where she lived with her family.She was in the shower when she heard a strange noise. “I just hear this really really weird popping kind of noises,ll ” Ohme said. With her two kids asleep in their rooms, she threw on a towel to find out what was going on. She went downstairs and saw smoke. “The door itself [was] literally black and glowing.”Ohme grabbed her two children and ran outside the house. “The fire, it was raging at that point,” she said.Fire investigators determined her recently purchased 2014 BMWx5 started the fire. It was a certified pre-owned vehicle she bought just a few months before. Ohme said the vehicle was sitting in the garage and turned off at the time of the fire. "I didn’t even put 5,000 miles on the car,” Ohme said. She said BMW has had a “non-response” to the situation. “BMW is not taking responsibility,” she added.While the Ohmes and Pearsons’ fires started under different circumstances, they shared things in common. Both BMWx5s were recently purchased just a few months before the fires. They both had warranties and neither vehicle was under a recall.ABC News started investigating mysterious BMW fires in 2017. Like the Ohmes, dozens involved vehicles that were parked and turned off. Since then, about 1.6 million BMWs have been recalled for fire risk. A BMW spokesperson told Team 10: "BMW notifies owners of vehicles affected by a recall via registered mail to advise them that their vehicle is part of an upcoming recall campaign and what the next steps are. BMW recently expanded its recall notification system for vehicles built after 3/2016 to allow owners to also be notified through the BMW Connected App on their smartphone. A vehicle recall may require that a part be replaced or software be updated." A spokesperson for BMW of North America told Team 10 they could not comment on the Ohme’s situation “due to litigation.” The Ohmes' attorney told me they are preparing a class-action lawsuit for the damages caused by the BMW fires.“I was able to get myself and my children out safely, but at some point someone is going to die,” she said.Regarding the Pearsons, BMW of North America wrote on March 22nd that they still believe the Pearsons’ vehicle caught fire because of “an improperly tightened battery terminal after a recent battery service.” The spokesperson added: “BMW is currently working with the dealer and the owner to resolve the matter.”In an email on March 22nd, a few days after Team 10 first contacted BMW of Escondido, the service manager wrote he “sent the Pearsons claim and contact info for [their] insurance company” and instructed their insurance to settle her claim as quickly as possible. They still disagree with BMW of North America’s findings. “We can’t let this go on and hurt other people,” said Ryan.“You are saying you are a very high quality company that sells very luxury cars, and yet your cars are catching fire. Those two do not go hand in hand,” Lisa said. If you want to check your vehicle for any open recalls, you can click on this link: https://www.nhtsa.gov/recalls 4989
SAN DIEGO (KGTV) -- A neighbor says San Diego Police were called to the home of Trevor Heitmann the morning of the deadly freeway crash.According to the CHP, the 18-year-old was in his McLaren sports car when he drove south in the northbound lanes of the 805 freeway near Sorrento Valley Thursday just before 5 p.m. He collided head on with an SUV. Both cars burst into flames.Aileen Pizarro and her 12-year-old daughter Aryana were killed instantly.Heitmann also died. A neighbor, who doesn't want to be identified, says she's known the family roughly 15 years, "he was a normal kid, we went to elementary school with him and everything was totally normal."RELATED: 'The Rock' sends message to grieving SD family"He went off to La Jolla Country Day from then on I mainly saw him playing basketball with a couple of guys in the street, " she said.She said once Heitmann, who was known on Twitter as "McSkillet," started getting into on line video games, he stopped playing basketball outside.The neighbor said she saw police at the family's Carmel Valley home Thursday morning just hours before the fatal crash."There were probably three police cars, I would guess five officers and they were talking to his mother out in the driveway," she said.RELATED: Statement from driver's family in fatal crashShe also noticed an SUV blocking the family's driveway. Heitmann's McLaren sportscar was in the garage and the door was open."Now it makes sense. It was actually blocking the McLaren that was sitting inside the garage," she said.Later that afternoon, she said her husband heard a crash."He saw the McLaren zoom away and then it was a little while later that we had the news on and saw that there was a horrific accident," she said. Shortly after, she said she saw a CHP officer talking to Heitmann's dad.She says that's when she learned from the boy's father that the family had been worried about the 18-year-old's behavior."He told me five days earlier, that Trevor had just snapped, that was the word he used. He started making threats, or started saying he was driving at high speed, down the wrong side of the street and through red lights and he said that's what prompted him to come to San Diego," said the neighbor, who added that the boy's parents were divorced and his dad lived in Colorado.RELATED: Mother and daughter remembered after I-805 crashShe said the teenager's dad also shared with her that his son hit the SUV that was blocking the driveway and nearly hit him."He said he almost hit me. This was him going back to the context of saying he had just snapped. And I said, 'you mean hit you as a person,' and he said, 'yeah I was standing out here because we were supposed to go to a psychiatrist,'" she said.San Diego Police have not confirmed to 10News that officers were called to the family's home that morning. The family's attorney did not return calls to 10News.RELATED: YouTuber identified in wrong-way I-805 crash that killed mother, daughterThe neighbor said she's coming forward because she wants people to know the family tried to get their son help."I can understand the police's point of view, that we have to have rights in case somebody is just saying something. My goal is that maybe, I don't know the level of information that police got, hopefully, we'll find that out. These people were obviously very concerned to the degree that they called the police, especially in the face, they are very private people," she said.Clinical Psychologist Michelle Marie Carcel said forcing a kid who is over 18 to get psychiatric help can be complicated. She said parents need to be clear when calling 911 that they think their child is a danger to themselves or others."The most important thing is to really stress that in the call. I am concerned that my child is going to hurt themselves or hurt someone else, that kind of urgency really triggers that response from the officers," said Carcel.We don't know the circumstances of the call that day or if officers had contact with the 18-year-old. 4059
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