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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 San Diego judge has ruled that demolition of the historic California Theatre would violate environmental law.The theatre, which was built in 1926, was the largest vaudeville and movie palace in San Diego.City Council approved the demolition of the theatre in 2017. The proposed demolition, however, required an environmental impact report.RELATED: San Diego approves replacement for dilapidated California Theatre?The legal challenge to the approval, filed by the Save Our Heritage Organization, said the city failed to adequately address the ability to adapt and reuse the California Theatre.The court granted SOHO’s legal petition because the review failed to comply with the California Environmental Quality Act.The demolition approved by the city would have allowed a 40-story skyscraper to be built that would have included 282 residential units."The California Theatre is an outstanding historic building that has been standing for almost 100 years, it presents many opportunities for successful adaptive reuse to revitalize the C Street corridor. When the City's EIR failed to study alternatives to demolition, we put our faith in the Court to enforce CEQA. We are grateful for the Court's comprehensive enforcement of environmental law and look forward to review of an alternative in an EIR that will allow this historic building to survive as part of a successful new project. We know it can be done,” said SOHO’s Executive Director, Bruce Coons. 1485

SAN DIEGO (KGTV) - A once-in-a-century event called “Date Meets Zip” will happen in Clairemont Thursday.Clairemont’s zip code is 92117. Thursday’s date is 9-21-17.The U.S. Postal Service is inviting residents to bring postcards of letters to the William Taft Post Office and have them stamped with a commemorative postmark.If you can’t make it to the post office Thursday, the postmark will be available for 30 days. 424

SAN DIEGO (KGTV) -- A Montgomery High School student wearing a gorilla costume was hospitalized on Halloween after being hit by a golf cart in Otay Mesa West. According to San Diego Police, the student reportedly cracked an egg on the assistant principal's head before running across the street to a nearby park. Police say staff members at the school chased the student in a golf cart. During the chase, police say there was some sort of fight between the staff members and student before there was “some type of contact” between the student and golf cart. The student was taken to the hospital with unknown injuries. Police say they’re investigating the incident as a battery, but it’s unclear whether or not the student or any staff members will be charged.A spokesperson with the Sweetwater Union High School District responded with the following statement: 870

SAN DIEGO (KGTV) - A Mesa College professor has pulled thousands of World War II-era letters out of the archives at San Diego State University and written a new book highlighting the Aztecs' contributions to the war effort."No Forgotten Fronts" tells the story of Dr. Loren Post, a professor at SDSU during the war. He asked students to write him letters so he could keep in touch. He then took their letters and created "The Aztec News Letter" so students and families could keep in touch with each other during the war."The letters are very compelling," said Lisa Shapiro, who wrote the book. "They're inspirational and emotional."As a professor at Mesa College, Shapiro wanted a way to understand what some of her Veteran students had gone through. She heard about the letters and started reading them."Once I started, I couldn't stop," she said. "Little by little, what happens is you start to find the stories."Shapiro decided to turn those stories into a book, so more people could learn about the contributions SDSU students made during the war."That was the promise that Dr. Post made," she said. "No one would ever be forgotten."Shapiro said the newsletters that Dr. Post wrote became must-reads around campus. Over time they evolved from simple type-written pages to full-fledged publications."He didn't sugar-coat things," said Shapiro, noting that the newsletters had information about who had died, went missing or been injured. But they also had good news from campus to keep the soldiers connected to their home."By taking their words and sending them back out and showing them they weren't forgotten, this one professor made such an incredible difference in the lives of his students."Shapiro also noted that, through the letters, you get an excellent history of the entire war."You have eyewitness accounts of battles, this is what it feels like to jump out of an airplane. And you have these very touching, moving letters where people talk about grief."The book, "No Forgotten Fronts," is published by the Naval Institute Press and is available online and in stores around San Diego. You can find more information about it here. 2159