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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) - The Rancho Bernardo area could be getting its first legal marijuana dispensary.Will Senn, the President and Founder of URBN Leaf, has plans to open a dispensary in a strip mall at 16375 Bernardo Center Drive, just east of the 15 Freeway.A Conditional Use Permit filed with the city says it will be a 6,647 square foot business, the first of its kind in City Council District 5."There's a big demand, for sure," says Senn. His company owns two other URBN Leaf stores in San Diego County. He says people from the Rancho Bernardo area drive to his other locations frequently. He also says they receive delivery requests to the neighborhood. "We're excited about the opportunity, we think the community does need it," says Senn.Community members disagree. They say it's the wrong place for a dispensary.City law allows just four dispensaries per City Council District. Right now there are none in District 5, which includes Rancho Bernardo, Scripps Ranch, Carmel Mountain, Rancho Penasquitos, Torrey Highlands and San Pasqual.There are already 23 other marijuana dispensaries operating throughout San Diego.Senn's permit application is the only one on file with the city for District 5.The city's rules governing the placement of dispensaries say they must be at least, "1,000 feet from resource and population-based city parks, churches, child care centers, playgrounds, libraries owned and operated by the City of San Diego, minor-oriented facilities, residential care facilities, and schools."Opponents say the new dispensary would be within 1,000 feet of the Hope United Lutheran Church on Bernardo Center Drive. They also say two other storefronts within the strip mall qualify as "minor-oriented facilities," the Kumon Math and Reading Center, and the Little Artists studio.Senn says that's not the case."We're 1,000 feet away from the church," he says. "And there is some language in other projects that have been approved by the planning commission that is consistent with our project."Opponents will have their chance to voice their concerns Tuesday night at the Rancho Bernardo Development Review Committee Meeting. It will be held at 6 pm at the Rancho Bernardo Library on 17110 Bernardo Center Drive.Senn says he plans to listen to all of the comments and take the community's concerns to heart. But, he adds that his company's track record of running other dispensaries makes them good partners who know how to operate legally."We like to tread lightly and be delicate when we enter a new market," says Senn. "But we do have experience. We've been doing this for a long time. And there's no better company prepared to enter a market like Rancho Bernardo than Urbn Leaf." 2706

SAN DIEGO (KGTV) -- The Star of India has returned to its home along San Diego’s Embarcadero after undergoing a days-long restoration. The ship made the journey Friday after being dry docked at BAE Systems for 10 days. Work on the vessel included hydro-blasting, anti-fouling and top side paint as well as an inspection of the ship’s hull integrity. RELATED: Star of India to be removed for once-in-a-decade restorationThe U.S. Coast Guard requires the ship to be hauled out for inspection and work every 10 years. The restoration was made possible due to a 0,000 grant from the National Park Service’s Museum Heritage Program. The Star of India was built in 1863 and has circumnavigated the globe 21 times, the San Diego Maritime Museum says. 755

SAN DIEGO (KGTV) - The San Diego Symphony Orchestra announced Thursday they are breaking ground in September for the Bayside Performance Park, a new permanent venue for the Orchestra at the Embarcadero Marina Park South.The Symphony Board of Directors voted unanimously Wednesday on the 9-month plan that will be complete in time for summer concerts in 2020.Symphony CEO Martha Gilmer said they are taking advantage of an underutilized part of the Embarcadero, "we've looked and there is no performance venue on the water like this, certainly not in the state of California, but probably the U.S."READ RELATED: San Diego Symphony's new bayside venue clears last hurdle before buildThe Symphony has been stalking the venue for years, "people had the idea to have a permanent venue out here for 17 years, but we have been hard at work for four," she said.The final project can seat up to 10,000, "feature a permanent, highly innovative, architecturally striking and acoustically superior outdoor stage that will allow the Symphony to present a wider variety of musical presentations and enrich the patron experience with improved sight-lines, expanded concession area and permanent bathrooms," the press release states."I understand that some people on Coronado are concerned about the potential for noise but it's good noise," neighbor Sam Ciccati said, excited about the new venue. The design shifted due to that concern, pointing the shell-shaped stage away from the island. The venue will host more than the symphony and there's the possibility Comic-Con could get involved."We would have concerts here of course, but it remains a park much of the year, and we'll be able to have yoga classes with a string quartet and we'll be able to have children activities, really activate this site an bring more people to the bay," Gilmer said, suggesting it could be an education destination teaching students about the port and being water-wise."The only thing that will limit us here is our own imaginations," she said.The project is projected to cost million, funded completely by private donations. Gilmer said they've raised half the amount and hope to see more generosity. 2183

SAN DIEGO (KGTV) — There are plenty of chances to soak in the summer sun or sounds around San Diego this weekend.Celebrate National Carousel Day in Balboa Park with free rides on the park's historic carousel, along with special activities around the ride for families throughout the day.Or, head over to Oceanside Pier to watch the world's best pro female surfers take to the waves during a three-day festival showcasing their talents, including live concerts, family activities, and more.MORE: Don't see anything you like? Check out our event calendar for even more local eventsSDCCU Stadium will host a two-day night market celebrating San Diego's diverse culture with a Asian-style market. Check out live music, cultural performances, dancing competitions, and street food and merchants.Plus, latin music takes hold at Chula Vista's Bayside Park during the South Bay Latin Music Festival.Here's a look at this weekend's events:THURSDAYNational Carousel DayWhere: Balboa Park Carousel; Cost: FreeCelebrate National Carousel Day in Balboa Park with free rides on the park's carousel. Visitors can also enjoy live music and entertainment, food vendors, and children’s activities during the celebration.Culture and CocktailsWhere: San Diego Museum of Art; Cost: - (presale, ticket prices increase at the door)Take in the San Diego Museum of Art's "Art and Empire: The Golden Age of Spain" exhibit with a custom brew from SouthNorte Beer Co., a specialty cocktail celebrating the art installation, food, and live music and dancing.FRIDAYPoint Loma Summer ConcertsWhere: Point Loma Community Park; Cost: FreeFull Strength Funk takes the stage this week for the Point Loma Summer Concert series. Families can head over to Point Loma Community Park to enjoy music and dancing to classic funk, bites from Sunnies Ocean Beach, and a raffle benefiting local schools and music-related nonprofits.Super Girl Surf ProWhere: Oceanside Pier; Cost: Free to spectate(Friday - Sunday) Check out the world's top professional female surfers hit the waves in Oceanside during the 12th annual Super Girl Surf Pro. Not only will the competition featuring women showing off their skills on boards, but also keyboards during a special Super Girl Gamer Pro festival. Plus, live concerts, family fun, and food throughout the festival's three days.SATURDAYJoggin' for FrogmenWhere: Liberty Station; Cost: Free to spectate, - to participateHelp raise funds for the Navy SEAL Foundation during Joggin' for Frogmen, a 5K run/walk in Liberty Station that's fun for all ages. Hang around after the 5K event for the "Tadpole Trot" and beer garden festivities for adults.South Bay Latin Music FestivalWhere: Bayside Park; Cost: - The sights and sounds of latin music will be on full display during the 4th annual South Bay Latin Music Festival, where you can enjoy Latin cuisines, cultural art activities, and plenty of music and dancing. San Diego Night MarketWhere: SDCCU Stadium; Cost: (Saturday - Sunday) Head over to SDCCU Stadium for a true night market experience with street foods and merchants, live cultural performances, dance competitions, art, games, and more celebrating San Diego's diversity.SIP of JulianWhere: Julian Town Hall; Cost: - Taste what Julian has to offer durnig a special showcase of local brews, including craft beer, wine, and hard ciders at SIP of Julian. Tickets get attendees samples paired with small bites at each participating venue as you enjoy the sights of Julian. The first 125 attendees to sign up will receive a commemorative glass.SUNDAYLive Well San Diego 5KWhere: Waterfront Park; Cost: - Runners and walkers will hit the streets along Waterfront Park in support of a Live Well San Diego and a healthy San Diego. Join 10News and Live Well as we celebrate a healthy, safe community and take part in a superhero-themed 5K walk or run.Junior Over-the-Line (OTL) TournamentWhere: Fiesta Island; Cost: Free to spectate, to enter gameBring out the family and youngsters to take up OTL at Fiesta Island during the Junior OTL Tournament. Participants get free hot dogs, chips, and a drink during this "peewee" division of a San Diego pastime.Symphonic Hip-Hop with Common and the San Diego SymphonyWhere: Embarcadero Marina Park South; Cost: - 8Academy Award and Grammy-winning hip-hop artist, actor, and activist Common performs with the San Diego Symphony, showcasing selections from his forthcoming album "Let Love Have the Last Word," and some of his classic hits. 4530