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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 non-profit and business owner came together to donate thousands of dollars to families in need during the pandemic Wednesday.Non-profit Black San Diego started up in September with the goal of bolstering Black-owned businesses and giving them tools to succeed.They have a Facebook page with 36,000 members.On December 19th, Porschia Wyatt posted asking for prayers for her family."Recently my husband was laid off from his job, he works for the Cheesecake Factory, so time’s been hard for me and my family," she said.She and her husband have a 15-year-old daughter, 7 and 8-year-old sons and a 20-month old daughter.Getting Christmas presents was going to be hard, and November 16th made it even more difficult."I had just ate pizza and next thing you know I started throwing up and I couldn’t breath or anything so I was rushed to the hospital," she said she had an abdominal blockage.She underwent three surgeries and came home on the 25th. Now she had huge medical bills to worry about, which was what pushed her to type a message to the BSD community.She got an overwhelming response, more than a hundred comments and a surprise at her doorstep Wednesday morning.Jaime Harris, owner of Big Block Realty, was holding a giant check for ,000."There are so many families that are affected you know? Of course, we want to help the Black-owned businesses, but we realize our community is definitely suffering because they’re shut down and without a job," CEO of BSD, Sheri Jones said.She hopes the donation will bridge the gap, make their Christmas a little more merry and spread kindness during a season of giving."I would just like to say thank you and I appreciate the help and I appreciate everyone who helped with my family and reaching out to me and I really appreciate it and god bless everyone," Wyatt said. 1844

SAN DIEGO (KGTV) — A pair of North San Diego County residences may become the latest local site to receive a national historic place designation.The Boathouses in Encinitas will be considered at an Aug. 1 meeting by the California State Historical Resources Commission to be placed on the National Register of Historic Places.On 3rd Street, the pair of boathouses, known as the S.S. Moonlight and the S.S. Encinitas, sit blocks from the water but remain very much connected to 1920s life on the water. RELATED: Shhh: Seven secret spots in San Diego to visit this summerThe homes were constructed by architect Mile Mino Kellogg using timber salvaged from a local bathhouse and a defunct hotel called the Moonlight Beach Dance Parlor. They were always intended to be homes and not actual vessels, but also meant to replicate the appearance and scale of boats at the time.Today, the homes represent what the California agency calls "an architecturally significant example of Fantasy-themed programmatic residential architecture." In short: Residential architecture meant to resemble something other than a traditional building.The boathouses were purchased by the Encinitas Preservation Association in 2008 and are currently rented out as private homes. Once the loan is paid off though, the plan is to convert the pair of quirky dwellings into a small museum.But explorers can visit the homes anytime on 3rd St. or do so with a helping of history from the Encinitas Historical Society during guided walking tours every third Saturday between Sept. and July. 1564

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 parole board Tuesday granted parole to an actor previously convicted of stabbing his ex-girlfriend nearly two dozen times.Shelley Malil, who had a supporting role in the movie “The 40-Year-Old Virgin,” was convicted seven years ago of repeatedly stabbing Kendra Beebe in San Marcos.Beebe spoke to 10News after Malil was granted Parole. “Why are we letting out this person who’s going to go back out and go back on the internet and date and possibly relapse and hurt somebody else.” RELATED: 40-Year-Old Virgin actor deemed suitable for parole, 10 years after brutally stabbing ex-girlfriendAs of this year, Malil had served 9 years of his 12-years-to-life sentence. In January, he was found suitable for parole.“10 years ago I missed my daughter’s first day of first grade because I was testifying about the malil attack, and today I missed my daughter’s first day of high school because I was here, trying to keep our family safe, and now I feel unsafe again.”"I have permanent injuries and the emotional pain is always going to be there,” Beebe said. District Attorney Summer Stephan released the following statement Tuesday:  1183

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