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SAN DIEGO (KGTV) - An oft-deported immigrant who was charged in a DUI, hit-and-run crash that injured a young boy in the South Bay will not be tried for the third time.A judge ruled Friday to dismiss the case against 39-year-old Constantino Banda Acosta. Banda was charged with driving under the influence and fleeing the scene of a hit-and-run on Camino de la Plaza in San Ysidro on May 6, 2017.Investigators said Banda ran a stop sign and crashed his pickup truck into the Lake family’s Honda Accord, as they were heading home from Disneyland. Lennox Lake, 7, was injured in the back seat of the car, suffering serious head injuries.RELATED COVERAGE: 670

SAN DIEGO (KGTV) -- A woman says she tried to save the life of a man found dead under a bridge this morning. He was released from the hospital just hours before police found his body in Hillcrest. There was something about a man at the hospital that stood out to Megen Murray. "For whatever reason, I don't know why he caught my eye," said Murray. "I just watched the orderly wheel him outside."He was discharged from Scripps Mercy Hospital Wednesday night. He was still wearing a hospital gown when he was found."It was just unnatural to see a man in a hospital gown, in a wheelchair, sitting on the street."Murray says she tried to get the hospital to help, but she says they wouldn't listen. "Yep, he's homeless, he has nowhere to go, we dismissed him, if he wants he can come back in and be seen again but that was it," said Murray.She then took it upon herself to make him comfortable. "I said, 'I have these blankets for you,' and he looked at me and gave me the biggest smile. And then I said, 'I only have  cash on me, so here's .' I told him to put it in his pocket and said 'I'm sorry I cant do more."'The hospital told 10News the man was healthy enough to be released and aware of his surroundings. Seven hours later he was found dead after tumbling from the Washington Street bridge. And it's not the first time a patient was discharged in hospital clothes. A video from Baltimore went viral in January that showed a woman, wobbling and confused, still wearing a gown and surgical mask. Homeless patients are often discharged after being treated with nowhere to go. A new California Senate?bill is trying to change that.?The bill would require hospitals to coordinate with shelters to make sure the patient is cared for after they're released. RELATED: New bill to end homeless "patient dumping""We need to be more compassionate," said Murray. "We have to see these people as people. They're people. It just ripped me to the core. I'm going through my mind with, "what we can do?" I'm glad to know that that bill is out there because it needs to be addressed.A spokesman couldn't comment on specifics for privacy reasons. They did say it's the hospital's practice to offer shelter and transportation resources to patients before they're released.  2331

SAN DIEGO (KGTV) — A staff member at West Hills High School has tested positive for COVID-19, according to Grossmont Union High School District.The families of 23 students in classes affected by the positive test have been notified and will not participate in in-person classes for 14 days, according to GUHSD PIO Catherine Martin.Those students will continue their instruction virtually during that time, Martin added. All other West Hills students will continue their in-person or distance learning classes as scheduled.In a letter to parents, West Hills High principal Robin Ballarin said after reviewing the positive test with public health officials, there is no need to close the school for in-person learning."We have cleaned and disinfected, as appropriate, and our campus has been deemed safe for occupancy. We understand that this information is concerning. Staff members and students who may have come into close contact with the individual will be directly contacted by San Diego County Public Health with further instructions. We are working with public health to continue monitoring the situation, and we are strictly following all public health guidelines," Ballarin wrote.The identity of the staff member was not released due to privacy laws.According to the California Department of Public Health's guidelines for school reopenings, two-week closures will be put in place if at least 5% of the total number of teachers, students, or staff test positive in a classroom or school, or 25% of a district’s population tests positive.10News is monitoring this breaking news. 1593

SAN DIEGO (KGTV) - A teen in San Diego has written a children's book, which she hopes can help in the fight against cancer.Sophia Namazy, 14, wrote "Pigtails, Ponytails, and Fairytales" after seeing her little sister wake up every morning with messy hair. In the book, a pair of fairies come at night and play with it. Sophia says it's loosely based on her sister, Poppy."Her hair was really crazy and frizzy in the morning," says Sophia. "So every morning it would be like that, and I would sketch about it. And I thought I might as well make it into a book."Now that it's published, she's decided to donate all the money from sales to the Dana Farber Cancer Institute in Boston.Namazy picked that location because it's where her twin brother, Max, goes every year for treatment.Max has a rare blood disorder called Schwachman-Diamond syndrome. His body doesn't produce enough white blood cells."I want other kids to know they're not alone, and they're not going through this alone," Sophia says."I'm really proud of Sophia, writing a book," says Max. "It just makes me happy that she's writing a book for me, to me, and helping support the cancer institute."Their mother, Jennifer Namazy, says the book has helped the family support each other."It's very emotional, but it really helps us all think about how a medical disorder in a family can affect everybody," she says. "We're taking what could be negative and making it a positive and helping other kids. That is really the most important message."The book is available on Amazon. 1545

SAN DIEGO (KGTV) — An Escondido family credits their dog for saving their life while on a hike. So it only makes sense that after 12 years, they weren't ready to say goodbye after their dog died.So David and Alicia Tschirhart found another way to keep "Marley's" memory alive.Enter Viagen, a company that offers cloning services for pets. The technology is the same used to famously clone Dolly the sheep in 1997.RELATED: San Diego doctor boards flying eye hospital to help patients in needThe result for the Tschirharts is a Labrador named "Ziggy," with uncanny similarities to Marley, the family told 10News reporter Matt Boone."They have the same personality, they play the same, they favor the same toys," said Alicia Tschirhart.The cost for Viagen's services are listed online for dogs at ,000 and cats at ,000. A spokesperson says they currently have a one year waiting list.RELATED: San Diego's Evofem promising couples a game-changing birth controlA price worth every penny for the family who says Marley saved their lives."This was in 2014, Marley was 12 then, Alicia was about 4 months pregnant," David Tschirhart says. "I suddenly saw Marley dart out in front of me and clawing and digging the ground where Alicia's hand was reaching.""I just saw this really big stick and so I was focused on grabbing that, I didn't even see the snake until Marley started clawing," Alicia Tschirhart adds.RELATED: San Diego Biotech company working with drug makers on coronavirus vaccineNext to the stick she was reaching for was a coiled up rattlesnake. Marley chased the snake away before disaster could strike.Now, the growing family has Ziggy — and a piece of Marley — with them."I couldn't think of any better way … their years growing up … to have Ziggy around," David Tschirhart said. 1801