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SAN DIEGO (KGTV) -- The retrial began Thursday for Constantino Banda Acosta, the man prosecutors say was drunk and angry from a fight when he caused a hit-and-run crash that severely injured a 6-year-old returning from a family trip to Disneyland. The jury was deadlocked Thursday on whether or not Banda was even at the wheel. Throughout the trial, Banda sat quietly in the courtroom and could be seen smiling at the jury as attorneys laid out their case.The central question in the retrial is whether Banda or an employee of his construction company, Jorge Adame Ariza, was the one driving.RELATED: Verdict reached in trial for driver accused in hit-and-run crash that injured boyAriza was captured in security footage driving the truck from a restaurant where the two men were drinking.Ariza claims he turned the wheel over to Banda before the accident happened, which severely injured 6-year-old Lennox Lake of San Ysidro. Authorities say Banda had also been deported at least 17 times before the crash.Prosecution in the case say the two men were heatedly searching for a man who beat up Banda. Lake’s father says the young boy is expected to testify in the trial later Thursday.Lake is still receiving extensive treatments for his injuries.RELATED: Jury deadlocked in case against driver accused in San Ysidro hit-and-run?Banda was speeding west on Camino de La Plaza around 11:30 p.m. on May 6 when he reportedly ran a stop sign at Dairy Mart Road and crashed his pickup into a Honda Accord carrying the Lake family. In September of 2017, a jury found Banda guilty of misdemeanor charges of driving without a license, battery and vandalism. The jury was hung, however, on felony charges of hit and run causing death or permanent injury, DUI causing injury and driving with immeasurable blood alcohol causing injury.  1866

SAN DIEGO (KGTV) -- Three people were rescued from atop the border wall in San Diego Sunday evening, Border Patrol said Tuesday. According to a news release, agents spotted three people perched on top of the wall near Otay Mesa around midnight January 5. A man and two women reportedly tried to enter the U.S. illegally by climbing the wall amid dense fog. “The trio became stuck at the top of the wet, slippery wall after smugglers abandoned them,” the agency said. RELATED: Woman tries to smuggle meth with 7-year-old in car, Border Patrol saysSan Diego Fire-Rescue also responded and used a ladder truck to rescue the individuals. Border Patrol says all three people, a 36-year-old man, 20-year-old woman and 18-year-old woman, were Mexican Nationals. All three were taken to a Border Patrol station for processing. RELATED: Border Patrol rescues man abandoned by smugglers near US-Mexico border“These three were very fortunate to not have fallen from the top of the wall which could have resulted in serious injury or death,” said San Diego Sector’s Acting Chief Patrol Agent Aaron Heitke. “These dangers are not important considerations to smugglers, who place an emphasis on profits over safety.” 1210

SAN DIEGO (KGTV) – The San Diego Unified School District on Thursday released new information on the next phases of its plan to reopen schools for in-person learning.The first phase of the district’s plan, which began Oct. 13, included appointment-based, in-person instruction for elementary school students identified as having “the greatest needs.”The district is looking to expand Phase 1 to include grade 6-12 students and children in infant/toddler and early-learning programs.In a news release issued Thursday morning, the district outlined details on Phases 2-4. Officials noted that the timing of the phases will depend on the state's data/tier assignment update on Tuesday, Oct. 27.Expansion of Phase 1Expansion of Phase 1 appointment-based program for secondary students grades 6-12 and educators.Expansion of Phase 1 appointment-based program for infant/toddler and early-learning programs and educators.Phase 2Elementary (PreK to 5th grade) students would return to campus four days a week. Students would be split into two cohorts for either an a.m. session or p.m. session in order to safely rotate students into classrooms. Elementary students would receive in-person instruction Monday through Thursday. Fridays would be set aside for “live” online check-ins and independent asynchronous learning.Secondary (6th to 12th grade) students would return to campus two days a week. Students would be split into two cohorts, with Cohort 1 attending on Mondays and Tuesdays and Cohort 2 attending on Wednesdays and Thursdays. Fridays would be dedicated to on-line learning for all students. Secondary students would follow a similar bell schedule with morning minutes dedicated to class period instruction and afternoon minutes would be dedicated to flex time for asynchronous learning or appointment-based services.Phase 3Elementary (Prek to 5th grade) students would attend classes on site four days a week Monday through Thursday. Fridays would be set aside for “live” online check-ins and independent asynchronous learning.Secondary (6th-12th grade) students would attend classes on site four days a week, Monday through Thursday. Fridays would be set aside for online learning. Morning minutes would continue to be dedicated to class-period instruction and afternoon minutes would be dedicated to flex time.Phase 4Elementary (PreK to 5th grade) students would attend five days a week with one modified day.Secondary (6th to 12th grade) students would attend five days a week. Morning minutes would continue to be dedicated to class-period instruction and afternoon minutes would be dedicated to flex time.The district has identified health and sanitation procedures for Phases 2-4 for students, employees and families that are based on guidelines from the state, county, and UCSD. 2801

SAN DIEGO (KGTV) - The U.S. Coast Guard and Royal Canadian Navy offloaded 5,100 pounds of seized cocaine Friday, worth an estimated wholesale value of million.The drugs were brought off Her Majesty’s Canadian Ship (HMCS) Edmonton at Naval Base San Diego.The crews aboard the HMCS Edmonton were able to capture vessels smuggling the drugs in the Eastern Pacific in 49 days, detaining eight suspected smugglers.“Criminals don’t recognize international borders,” said Vice Adm. Linda Fagan, USCG Pacific area Commander. “I am particularly just excited to see this level of effort. It is a really hard mission to execute.”A U.S. Coast Guard law enforcement attachment was on board the Edmonton and the crews worked hand in hand as one team to make the drug busts.Once the drugs are offloaded, they will be turned over to the DEA. 837

SAN DIEGO (KGTV) -- The San Diego Fire-Rescue Department gave 10News a behind the scenes look at the specially-trained team that solves arson cases. Inside Station One is the elite and highly specialized Metro Arson Strike Team, or MAST, made up of fire investigators, police detectives, ATF, FBI and a bomb squad. The team is dedicated solely to investigate arson. To be on the specialized team, MAST training goes beyond the fire academy. “You are wearing the hat of an electrical engineer, a scientist, a fire fighter, a report writer. We wear a lot of different hats and we have to be good at it,” said Captain James Shadoan. MAST spent the day with 10News demonstrating how they perform the task of solving an arson. Watch the video in the player above for more. 776

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