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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 San Diego County District Attorney announced Monday that criminal charges have been filed against a former San Diego Sheriff’s deputy accused of fatally shooting a detainee.Former deputy Aaron Russell, 23, is being charged with murder in the second degree after being accused of shooting and killing Nicholas Bils, 36, who escaped from a California State Park Officer’s car outside San Diego Central Jail on May 1. Bils was allegedly running away from officers unarmed when he was shot. He was initially arrested for reportedly threatening a ranger with a golf club at Old Town San Diego State Park.RELATED: San Diego County sheriff’s deputy who fatally shot escaped detainee resigns from department“We reached the decision to file criminal charges following a thorough review of all the objective facts and evidence in this case by specialized prosecutors and investigators in our Special Operations Division,” said San Diego County District Attorney Summer Stephan.“When a life is taken, we must make decisions based in facts and law, and not ones that are influenced by the status of the accused as a peace officer nor the status of the victim. These decisions must be made solely in the interest of justice and not based on favoritism nor public opinion. Every person must be accountable under the law,” she continued.Russell is scheduled to be arraigned Tuesday. 1399

SAN DIEGO (KGTV) -- Thousa---nds of businesses across California have permanently closed their doors due to the COVID-19 pandemic.According to Yelp's local economic report, restaurants and retail continue to struggle, and total closures nationwide have started to increase.The September report noted more than 19,000 businesses in California have permanently closed."The states with the most closures are home to the hardest-hit metros: Las Vegas in Nevada, Honolulu in Hawaii, and several of the largest California urban areas all are among the metro areas with the highest total closure and permanent closure rates (San Diego, San Francisco, San Jose, Los Angeles and others), with roughly 20 businesses per thousand temporarily or permanently closing their doors since March 1," the report stated.The report said professional services and solo proprietors generally have been able to weather the storm and maintain a relatively low fraction of closures since March 1."Small business, the one thing you know for sure is you're going to have to adapt and figure out real quick what you have to do no matter what comes your way," said AJ Williams, of Hammonds Gourmet Ice Cream.Williams said he remembers the exact moment he learned about the initial stay at home order."I saw the news flash come across and immediately told my entire staff, hey, in the middle of a shift, shut the doors and close things down," he said.Williams said he kept Hammonds Gourmet Ice Cream closed for the first few weeks of the stay at home order. As an essential business, he was able to slowly reopen with new restrictions and safety measures in place.Through a steady stream of customers and some cost-cutting measures, Williams has been able to keep the lights on."If you compare it to when COVID-19 started, we're doing great," he said. "If you compare it to where we were last year, not so great."Williams considers himself lucky. Not every business has survived."We've lost permanently now 13 percent of our businesses," said Jason Wells, executive director of the San Ysidro Chamber of Commerce. "That's about 97 businesses."Wells explained that COVID is having an impact on the border businesses, but in that region, it’s the border restrictions put in place because of COVID that's keeping tens of thousands of shoppers from doing business.In March, the United States restricted all non-essential travel across its borders. According to the Department of Homeland Security (DHS), "non-essential" travel includes travel that is considered tourism or recreational in nature.On Twitter, acting DHS Secretary Chad Wolf released a statement saying, "We continue to work with our Canadian and Mexican partners to slow the spread of COVID-19. Accordingly, we have agreed to extend the limitation of non-essential travel at our shared land ports of entry through October 21.”Wells said if the government extends the restrictions, it could have dire consequences."If those restrictions aren't lifted in October, more than half of our 786 businesses are at risk just because of the sheer dependence we have on the holiday season and the Mexican shopper," Wells said.Businesses OpeningWhile some businesses are struggling to not close, there are others in California opening for the first time."When this thing happened (Coronavirus), I decided it was time to go out on my own and go for it," said Colin Duncan, owner of Colin's Barber Shop. "Take all my savings and just see what happens."Duncan said he got the keys to what's now Colin's Barber Shop in San Luis Obispo at the end of March. He opened in June and hasn't looked back."It’s been a roller coaster that's for sure," Duncan said. "It's pretty scary, but we've managed to make it work".The city of San Luis Obispo said after reviewing the entire list of business licenses from March to the present, there have been 108 new businesses, 67 of those are commercial, and 41 operate from home. 3935

SAN DIEGO (KGTV) - The Sweetwater Union High School District announced their plans for the 2020-2021 school year Thursday night to the board and community.Due to a rise in coronavirus cases and state restrictions classes will be completely virtual from Aug. 3-Oct. 2.Students will have a block schedule, which means no change for many students. They will have three classes a day with 30-45 minutes of face time with their teacher and 45-60 minutes of class spent as independent study.The district said this provides flexibility to both teachers and students.The district said there will be graded assignments and tests, but teachers voiced their opinion saying it is hard to monitor whether students are cheating. The district set three checkpoints to determine if the district will remain virtual throughout the entire school year. Those dates are September 21, November 30 and March 1. These dates allow the district to plan for the future, coordinating buses and teacher's needs.Some parents aren't comfortable with the idea of going back to campus anytime soon."I'm feeling like they need to study it more," said Dr. Marie Zhivago said. Her incoming senior and freshman students have asthma, making them more vulnerable to COVID-19. "I don't want my kids to be guinea pigs. I don't want them to be the test," Zhivago said. She thinks if students go back to school too early there could be another wave of cases, adding, "I'm not ready to sacrifice one child for that, one death, no way."The district said when they're allowed to bring children back to campus there will be strict guidelines for social distancing, masks and sanitation.The district is offering a separate virtual learning opportunity for up to 360 families, called Launch Academy.The district said students are being connected with equipment to get them online and have resources available for students, teachers and counselors.Zhivago said these investments will pay dividends, telling ABC 10News, "I think they should put the funding into distance learning because this is definitely going to happen again."The board will vote Monday on the proposed plans. 2137

SAN DIEGO (KGTV) - The second night of the San Diego Film Festival brought in big stars, who talked productions, current culture and how much they love our city.On the red carpet, it was like a reunion, stars giving each other accolades and exchanging greetings.Alex Wolff grabbing a moment of Kathryn Hahn's time in front of our camera, "I just want to say how amazing you are in your new movie and you're amazing and I'm a big fan and I'll stop." Hahn responding humbly, telling him she's excited to see his work as well."I've gotten very lucky, these people are actually talented," Topher Grace said. Most people know him for his role as Eric Forman on That 70's Show.Hahn told us she spent the day at the zoo with her daughter, "I love it here!"John Cho telling us he's been here mostly for Comic Con. He noted the Trolley 'cuts through the fun' of the event, joking, "just a bunch of people with masks on with impaired vision crossing railroad tracks, not a big deal San Diego City Council, get it fixed."We asked Kenny Loggins about Top Gun 2, and if he'll write a song to rival "Danger Zone", "I'm not officially working on it, I'm working on it on my own end." He said when he's done, he'll put in a bid, "they're still thinking about it."The stars did get serious, talking on hot topics their productions handled. "I think you know with what's going on in our country and our political discourse, we have to stop speaking to each other as much through these devices and to speak with each other eyeball to eyeball and I think that's the way toward peace versus avariciousness," John Cho said, talking about "Searching".Christian Navarro said he's felt the impact of 13 Reasons Why. "I've traveled the world now for this show and I cannot tell you how many young people have come up to us and said because of your show people have treated me better, because of your show I am still here today."OCtober 10th- 14th is focused on film debuts, some already getting Oscar Buzz.CEO of the San Diego Film Foundation, Tonya Mantooth, gave us her predictions, "I mean I think Jake Gyllenhaal's performance in Wild Life will get him a nomination. I think Melissa McCarthy last night she will get a nomination"The festival runs through Sunday, you can check out the movies before they hit theaters by buying a pass?online. 2362