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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 man fell and broke his jaw while riding an electric scooter on Harbor Drive Saturday night.The crash happened on the 800 block of Harbor Drive around 11:14 Saturday night.According to police, the 41-year-old man had been drinking when he got on a scooter, hit a curb and fell off the device.RELATED: CHP catches people riding electric scooters on freewayThe man was taken to the hospital with a broken jaw and non-life threatening injuries. 475

SAN DIEGO (KGTV) - A San Diego Immigration and Customs Enforcement Agent accused of pointing a gun at a man in East County was charged Tuesday.Investigators said Agent Ed Zuchelli waved the gun at a young man who was riding a dirt bike in Lake Murray on February 16.Zuchelli is also accused of driving drunk. San Diego Police confirm he was in a government-issued vehicle at the time of the arrest. He was booked and released.EXCLUSIVE: Man says ICE agent pointed gun at himZuchelli was arraigned Tuesday on three misdemeanor charges. He faces a maximum of a year and a half in jail if convicted.   616

SAN DIEGO (KGTV) — A man sentenced to life behind bars after being convicted of shooting his coworker in his face. Julio Narvaez pleaded guilty to opening fire at his Phamatech company in 2017. "The consequences are something he has to bare," said judge Laura Halgren at his sentencing on Friday. Narvaez pleaded not guilty to shooting his coworker in the face at their Carmel Mountain Ranch office. Police say they got into an argument when Narvaez pulled out a gun from his desk and opened fire. The victim, Michael Limbag, is also the cousin of Narvaez's wife. He's still recovering two years later. "He has hearing loss," said Halgren. "There’s a fragment bullet in his brain that could move at any time. He has headaches every day, nightmares."The defense brought in a neurologist to testify. He said Narvaez may have a connection to Alzheimer's, but could not make a definitive diagnosis. That move then backfired for the defense. "If this really did play a role in Mr. Narvaez’s behavior, then he poses a danger and will continue to pose greater danger," said Halgren. "Whatever degenerative process he has could be offered an explanation for some of the behavior but doesn’t excuse it."Police say Narvaez tried to shoot the victim at least twice, but the gun jammed. He pleaded guilty to attempted murder and use of a firearm with bodily injury. 1362

SAN DIEGO (KGTV) - A Mira Mesa mom she says her special needs son was bullied and robbed at his middle school during lunch.Diagnosed at birth with cerebral palsy, Justin Juanengo has surpassed many of the expected physical limitations, but remains unable to use his legs or his left arm. Michelle Juanengo and her husband adopted him at age 2."We've always been worried there would be other kids who would find him an easy target," she said.Last week her fears became a reality. At lunchtime on Wednesday at Wangenheim Middle School, she says a 7th grade classmate and several other students came up to Justin, 13, and started spinning his wheelchair and calling him names."He was nervous, scared. Didn't know where it was going to go from there. There are a lot of things that can go wrong if you're spinning a wheelchair. Were they going to roll him off somewhere?" said Michelle.Justin says it went on for minutes before his friend got the boys to stop. One of the boys then grabbed Justin's backpack and took off. According to his mother, Justin and a friend went to a classroom and found the ringleader, demanding and getting back the backpack. Inside, his wallet containing dollars was gone."Sad, feel terrible for Justin. I feel like he's had to tolerate enough with all his health limitations ... the ways he sees himself as different from other students. Why should he not have the right to go to school and feel safe?" said Michelle.Michelle says her son didn't have an aide with him, which is mandated by the state. She says she has recently learned the aide suffered a back injury last year and the substitute aide is sometimes not available."That's not good enough. He needs to have the aide. That could have prevented this," said Michelle.Another source of frustration? Justin says his bully is known for bullying and stealing from other kids, something Michelle believes should have been addressed earlier. Vice principal Miko Uhuru declined to talk about Justin's case citing privacy. He told 10News one of Justin's parents could sign a waiver, which Michelle says she didn't know about but now plans to sign."What I can says is we don't tolerate bullying. We investigate it and take is seriously," said Uhuru.Michelle says she was told the boy will be punished by the school, but wasn't given specifics. She says she and her husband are thinking about legal action against the school district to "make sure the same thing doesn't happen to other special needs students." 2499