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SAN DIEGO (KGTV) – A man was shot and killed in the Midway District Sunday morning, leading to a standoff in North Park, and a suspect is still on the loose, according to police.San Diego Police responded after receiving reports of a shooting behind a 24 Hour Fitness near Kemper Street and Midway Drive around 11 a.m.After arriving, police found a 27-year-old white man dead at the scene. The shooting led to an hours-long standoff in North Park at the intersection of 30th Street and Upas Street.SWAT teams did not find the suspect once they entered the apartment in North Park.Police are looking for a 40-year-old Hispanic man who was recently acquainted with the victim.Anyone with information is asked to call the San Diego Police Homicide Unit at 619-531-2293 or Crime Stoppers at 888-580-8477.RELATED: Felony suspect drives onto trolley tracks during Mission Valley chaseAt this time, it’s unclear what led to the shooting.10News will continue to keep you updated as soon as we receive more information.  1034

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 La Jolla store in an upscale mall is facing scrutiny from customers who told Team 10 they were misled after buying hundreds—even thousands—of dollars worth of skin care products.Team 10 spoke to at least two customers who had similar complaints. When they tried to return unopened products, they said they were sold lies.Christianna Ortiz regrets walking into Gold Elements at the UTC mall on La Jolla Village Drive.“I’m honestly very embarrassed I fell for it,” Ortiz said.Last summer, she said Gold Elements employees encouraged her to purchase products, including a skin care regiment.“He wanted me to buy it for 0. I said yeah, that's not going to work. He said I'll tell you what, I'll throw in a facial and I was like, now that sounds interesting, but I don't want to come here alone. I'll throw in two facials,” Ortiz said the employee told her.When she went to her appointment, she said employees would not give her the facials she paid for.“I said, I want to return the stuff then and he said no return.I said I paid for something that was an outright lie,” Ortiz said.Ortiz said they never told her there was a no refund policy.She disputed the charge with her credit card and could not believe what happened next.“They sent me back the copy of my receipt along with another sheet of paper that listed the refund policy. I had never seen that sheet of paper, didn't exist!” Ortiz said.“You’re hustled,” said Sharon Garrow, another Gold Elements customer.Garrow spent nearly ,500 on products in September. She admits spending more than she should. When she tried to return the products the following morning—less than 24 hours later—she said she was not allowed to.She went to the store Saturday, where she said an employee told her there was nobody who could help her. She went again on Monday. “He [said] there’s no return on [these] products,” Garrow said.It was on her receipt, but like Ortiz, she signed on a computer and said the policy was not visible on the screen. She said nobody told her anything in person and there were no signs in the store that customers could see.A Team 10 investigative photojournalist also visited the store. He also did not see any return policies in the store.On the California Attorney General’s website, it says: “Stores that do not accept returns must clearly display their policy.”The California Civil code states that retail sellers shall display their policy “either on signs posted at each cash register and sales counter, at each public entrance, on tags attached to each item sold under that policy, or on the retail seller’s order form, if any.”Goods that cannot be resold due to “health considerations” are an exception. Both women said they never opened the Gold Elements boxes before trying to return the items.When Team 10 visited the store to get answers, there were no managers available to talk to us. An independent esthetician told Team 10 to contact a Gold Elements promoter. That person did not call back.Less than an hour later, a man who claimed he was the owner called Team 10 and said they always give the best help to customers and have not had problems with refunds. The man would not agree to an in-person interview, saying that he was not in town.He told Team 10 all future communication would be with his lawyer, but would not give his lawyer’s name.It was a different story on the Better Business Bureau website, where the store has an F rating. A 2017 class action lawsuit filed in Northern California against Gold Elements products and affiliated companies.Part of the complaint was that “complimentary facials” were not honored when customers tried to use them.““If I got taken, so many other people are probably getting taken. Somebody has to stop it,” Ortiz said.Team 10 discovered the La Jolla store could also be violating different state code.On Gold Elements’ wall is a price list for facials. The Board of Barbering and Cosmetology, under the California State Department of Consumer Affairs, said a business that charges for facials should have an establishment license.The store has no record of that license.The women have a warning for others.“It’s not like I’m a dummy,” Ortiz said. “Do what I usually do. Check reviews ahead of time.”The Attorney General’s office said if any customers have concerns about a return policy, or lack of one, you can file a complaint with their office. 4419

SAN DIEGO (KGTV) -- A North Park house, empty for years, has nearby neighbors frustrated about the lack of action taken to clean up the property they say has become a magnet for crime. "We have people that are squatting here, we've had illicit drug use, we've had prostitutes, we've had an increase in break ins in the area, " said Alan Nelson, who lives across the street. Nelson says even though he and others call the police, unless it's an emergency they can't always come out. He has called and emailed Councilman Chis Ward's office repeatedly about the matter but isn't happy with the response he's received. Ward's office says the property is in foreclosure and the case is being handled by the city attorney's office. They issued the following statement to 10News:"My office has been working with the San Diego police department and city code enforcement to address the illegal activity occurring at this property. Public safety is and will always remain my most pressing priority." A code compliance hearing for the property is scheduled for late April.  1106

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

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