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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 Point Loma grandmother put up Christmas lights to spread cheer during California's stay-home order. It started when Johnene Smith saw Italians singing in solidarity amid a lock down due to the Coronavirus pandemic. She then heard about people putting up Christmas lights to brighten neighbors spirits and something clicked."I'm like I can do that! I don't have to leave my house and people can walk by and see the heart and [spread] just a little joy," Smith said.So she put up a glowing heart in her living room window. "I went and found a piece of cardboard, made a heart and poked little holes and put the lights in it, so they could see my heart is out there for everyone." Smith hoped it would bring some much needed joy during the stay-at-home order which is keeping her from her seven grandchildren. "The youngest is going to be a year old in two weeks and we're not going to be able to go to her birthday party," She said sadly.She took this time to focus instead on what she can control, which is her happiness. Particularly, that means reminiscing about Christmastime, "it was really the last time we had joy before everything started was at Christmastime so why not bring back a little joy in a time where we can't control it."Her display went up Friday sparking her neighbors to light up their own homes.Neighbor Jojo Peters was thrilled at the idea. "When Johnene says let's do lights, I said okay! And I went and dug them out as fast as I could and threw them up!"Both want to spread love and calm.'I just want them to see the hope that's there, and that we're all there for each other,' she said.Smith hopes more San Diegans join in spreading cheer in this time of uncertainty. 1721

SAN DIEGO (KGTV) -- A North Park house, empty for years, has nearby neighbors frustrated about the lack of action taken to clean up the property they say has become a magnet for crime. "We have people that are squatting here, we've had illicit drug use, we've had prostitutes, we've had an increase in break ins in the area, " said Alan Nelson, who lives across the street. Nelson says even though he and others call the police, unless it's an emergency they can't always come out. He has called and emailed Councilman Chis Ward's office repeatedly about the matter but isn't happy with the response he's received. Ward's office says the property is in foreclosure and the case is being handled by the city attorney's office. They issued the following statement to 10News:"My office has been working with the San Diego police department and city code enforcement to address the illegal activity occurring at this property. Public safety is and will always remain my most pressing priority." A code compliance hearing for the property is scheduled for late April. 1106
SAN DIEGO (KGTV) – A man suspected of causing serious injuries that left a man in a coma-like state for nearly four years before his eventual death was arrested earlier this month, San Diego police announced Tuesday.San Diego police said 42-year-old Manuel Lopez was identified by investigators as the suspect in the death of Allen Stokes and was taken into custody on Sept. 3, on suspicion of murder.On March 12, 2016, Stokes was found unresponsive in an apartment building in the 7100 block of El Cajon Boulevard. Stokes was taken to the hospital for treatment, but his condition never improved.According to police, Stokes “remained in a conscious, yet unresponsive state, until his death” on Nov. 8, 2019.The San Diego County Medical Examiner’s Office determined Stokes’ death “was the result of injuries received in March of 2016.”Stokes was 67 years old at the time he was injured. He was 72 years old when he died, police stated.After Stokes’ death was determined to be a homicide, investigators gathered evidence and spoke to those who knew the victim and eventually identified Lopez as a suspect in the case.Police said Lopez was booked into County Jail following his arrest.During Lopez's Tuesday afternoon arraignment, Deputy District Attorney Mary Naoom alleged a mallet was used in the killing.In entering his plea, Lopez told San Diego County Superior Court Judge Peter Deddeh, `"`I'm innocent."Lopez was ordered held on million bail and a bail review hearing was set next week in his case.Anyone with information on the case is urged to contact SDPD’s Homicide Unit at 619-531-2293 or Crime Stoppers at (888) 580-8477. 1643
SAN DIEGO (KGTV) - A mom shopping with her one-year-son leapt into action when she found a car burglar inside her SUV in University City.On Wednesday morning at the Vons on Governor Drive, Gloria spent about 15 minutes shopping inside. Her son was sitting in the cart. As soon as she pushed the loaded cart out of the store, her eyes zeroed in on her SUV, parked close to the store."I was kind of in disbelief. Someone was in the car and the passenger door was wide open," said Gloria.Gloria saw a man rummaging through her center console and started screaming. She pushed every button on her key fob."The panic alarm actually went off. Scared the living daylights out of him, and he took off running," said Gloria. Moments after, she found her phone in her purse and starting recording. Surveillance video shows her take off in his direction. Holding tightly to her son, she continued to scream. Still pushing the cart, she followed him. "Definitely adrenaline and pure anger," said Gloria.Gloria has been a victim of three car burglaries in the past five years."I'm going to get you this time. You're not going to do this to anybody else," Gloria kept thinking. Less than a minute later, she followed him across the parking lot to a U-Haul truck before he drove off. She got a photo of him and the license plate. Possibly realizing Gloria got video, the guy ditched the truck, which was recovered hours later. She says police told her it was loaded with stuff: some of her belongings and other items, likely stolen. Police say the license plate led them to a local address, but the man wasn't there. Gloria says a few miscellaneous items were returned to her. A child's wallet remains missing.Anyone with information on the case is asked to call San Diego Police at 619-531-2000. 1790
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