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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 sailboat caught fire Sunday around 2:45 p.m. at Shelter Cove Marina, witnesses say a lithium battery in the navigation panel started the blaze."Saw the smoke, thought it was a barbecue then the kids started screaming on the dock and saw the black smoke and knew it was time to react," Boater and Witness Charlie Colson said. He said he grabbed a hose and was helping the father who was on the boat when the fire started. Getting a boat fire put out quickly is crucial, Witness and Boater Murad Abel said. "There's a lot of electrical equipment, you have batteries, you have fuel, propane, it's all probably within 10 feet of each other," he said.Colson said they had it under control by the time firefighters made it to the scene. "The nine minutes probably seemed like 27 to me, because I was putting the fire out, and I wanted some help, I wanted a professional there," He said chuckling.He said the family had just moved onto the boat last week. Both confirmed the family has a special needs son, adored by the community. "You could literally come back 2 hours later and he's still fishing trying to get fish off the back of the boat, so he's very diligent in that," Abel said.They're hoping insurance covers the damage. Colson believes it's a total loss. 1287

SAN DIEGO (KGTV) - A San Carlos woman's trip to the San Carlos library turned into nightmare after she was bitten by a dog.A large bruise and two puncture marks remain stamped on Tricia Erler's left thigh."I was in total shock," said Erler.On Tuesday afternoon, she had just finished a mind-and-body class inside the library, grabbed some magazines, and was headed into a lounge area to read."I was behind this woman's chair, and she got up abruptly and swung around in one movement ... she sort of fell into me, and I fell into the books. I felt a stabbing pain in my leg. I thought something had stabbed me from her backpack," said Erler.RELATED: Service dog or pet? Hillcrest businesses take action against the fakes Erler limped to the front desk area and pulled up her pant leg. "You're in total disbelief. You're bleeding and there are teeth marks on your leg," said Erler.Nearby, she saw what bit her: a leashed white dog, possibly an Australian Shepard, with black markings on its head. Next to the dog was the woman who had bumped into her. She was in her 20s or 30s with a stocky build. RELATED: Fake service animals attacking peopleAccording to the librarian, the woman claimed she was going to go to her car to get the dog's information. The woman walked out and never came back."I was upset and shaking. You would think you'd be totally safe in a public library," said Erler.Erler just received her second of four shots for a rabies regimen. Back at the library, an animal policy is posted on the front door: only service animals allowed. RELATED: Dog attack traumatizes Normal Heights neighbors"This proves we need better regulations. Definitely feel dogs should be checked," said Erler.Under federal law, dog owners can be asked if the animal is a service dog, but can't be asked for documentation. A city spokesperson says their policy is to ask every animal that enters a library. In this case, officials say staff did ask and the woman confirmed it was a service animal.Anyone with information on the case is asked to call the San Diego Humane Society at 619-299-7012. 2097

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 man is being investigated on suspicion of DUI after driving into a house in San Diego’s Skyline neighborhood early Sunday morning.According to police, the man was driving his 2002 Mercedes Benz on the 6800 block of Madrone Avenue when he drifted off the road, went down an embankment and slammed into a house.The man received serious facial injuries and was taken to the hospital with non-life threatening injuries, police say.The house had only minor damage. It’s unclear if anyone inside the home was hurt in the crash. 556