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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 man was hospitalized after being hit by a car near Liberty Station Tuesday night. According to San Diego Police, the crash happened near Rosecrans Street and Laning Road around 5:17 p.m. Police say the victim, only described as a man in his 60s, was crossing the street in a designated crosswalk when the driver of a car turned left and hit the man. The victim was taken to the hospital with life-threatening injuries. According to police, the driver stayed on scene and is cooperating. 517

SAN DIEGO (KGTV) -- A man was killed after crashing into a parked truck on Interstate 5 in East Village near Petco Park Monday afternoon. The crash happened shortly after 1 p.m. on southbound Interstate 5 at Imperial Avenue, according to California Highway Patrol. CHP says the 21-year-old victim from Calexico was reportedly traveling at a high rate of speed when he crashed his 2015 Nissan sedan into a parked cargo truck. CHP says the victim, who hasn't yet been identified, died at the scene. RELATED: Man dies on Lincoln Park sidewalk, police saySouthbound lanes on the interstate were briefly blocked, backing up traffic for miles into the late afternoon. Watch video from scene in the player below: 714

SAN DIEGO (KGTV) - A new study looks at the number of drunk driving arrests in cities since ridesharing apps were created.San Diego was included in Moll Law Group study, which found DUI arrests fell 32 percent since Uber launched in June 2012. Lyft launched in San Diego the following year.  In an email to 10News last summer, SDPD Officer Mark McCullough credited the decrease in DUI arrests to the department's education and enforcement, as well as alternative transportation options. 509

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