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SAN DIEGO (KGTV) - An oft-deported immigrant who was charged in a DUI, hit-and-run crash that injured a young boy in the South Bay will not be tried for the third time.A judge ruled Friday to dismiss the case against 39-year-old Constantino Banda Acosta. Banda was charged with driving under the influence and fleeing the scene of a hit-and-run on Camino de la Plaza in San Ysidro on May 6, 2017.Investigators said Banda ran a stop sign and crashed his pickup truck into the Lake family’s Honda Accord, as they were heading home from Disneyland. Lennox Lake, 7, was injured in the back seat of the car, suffering serious head injuries.RELATED COVERAGE: 670

SAN DIEGO (KGTV) - Almost a dozen gyms retained a lawyer, preparing for a fight to stay open against San Diego County's health orders.Monday Governor Gavin Newsom announced a long list of businesses needed to close down again, due to a spike in coronavirus cases.That list includes:places of worship restaurants wineries movie theatersfamily entertainment centerszoos museums cardroomsfitness centerssalonsmalls.Metroflex Gym in Oceanside has been open since May despite the health orders. Owner Lou Uridel said this renewed push to close puts them in a corner and if they close, they won't reopen."We have only one plan, that's to stay open, we don't have the option to keep closing opening, closing opening." Uridel said they've been denied a dozen times for loans."I feel like it would be a betrayal of my faith and a betrayal of my dreams to give up on that and just close down," he said.Uridel said they're a place many find comfort, "we're continuing to get a lot of new gym members, we have stopped signing up people as of today." Uridel said they had to stop to ensure their members have access to the gym with the limited capacity imposed by the county's health orders.San Diego County announced this week they were putting together strike teams to ensure businesses in the list above shut down."It definitely doesn't scare us," he said.He said the laywer they hired found a loophole where the state health order was filed by the health department, and if they are not violating any health regulations they cannot be closed down.San Diego County Public Health Officer Wilma Wooten said they were just following the state's recommendations and those businesses need to shut down to protect the community and bring down coronavirus case numbers.Uridel said they are doing everything possible to create a healthy gym environment.He said they brought in a biologist to measure their air flow with their bay doors open and about a half dozen industrial fans in place.Uridel said their air flow rated 9.1/10.He said every gym member washes their hands on the way in and out, and wipe down their equipment. He said social distancing is in place and there is more cleaning each hour.He said if the county comes after them, "all we can really do is take it in the chin, whatever they're going to throw at us. If they're going to fine us, we'll fight it in court."When asked if he was worried about his staff or members getting sick, he said "it's always a concern, but it's a concern at any business, even the ones that remain open. If you check around, a lot of cases have come out of Home Depot, and grocery stores and there hasn't been one blink to close any of those down."He says his gym is a place of healing, helping military members fight PTSD and others work through the trauma of the coronavirus.Uridel said one man who lost his wife to suicide and faced other challenges is a regular at his gym. "When he told me this is what saved his life again," Uridel said emotionally, "it just made me realize that's exactly what we have to do."He wants to keep the doors open to provide that haven during this hard time. 3129

SAN DIEGO (KGTV) - An abandoned building on the edge of Hillcrest could become a game changer when it comes to mental health services.The County Board of Supervisors voted unanimously Wednesday to explore turning the 7-acre site into a behavioral health services center. The facility would be in an area where many of the most vulnerable have no other place to go. The county had initially shopped the site for redevelopment into high-end housing, but County Supervisor Nathan Fletcher pushed his colleagues to make the change. "The old and lingering problem in many ways requires us to think differently," Fletcher said. Fletcher said he recently saw a man walking in the area in a hospital gown with his emergency room bracelet still on, carrying a clear plastic bag. RELATED: San Diego city, county working together in new program to battle homelessness in HillcrestFletcher said it's a common situation."(The man) had been experiencing homelessness, got the highest level most expensive care, nowhere for him to go, he's back on the streets," Fletcher said. Patty Maysent, CEO of UC San Diego Health, says there's a cycle when it comes to mental health needs. "We're placing them," she said. "It's really difficult, there's not enough places to place them, and they churn out pretty quickly, and can end up back in our emergency room."Maysent said homeless people with mental health issues enter the emergency room multiple times a night. UCSD Medical Center, however, has only 18 beds in its closed inpatient unit. RELATED: Residents worried about homeless people starting fires in Hillcrest"That's where the system gets backlogged," Maysent said. "If we can move those patients that are in the inpatient unit into other settings, then we can create capacity for the patients coming into the emergency room."Maysent said it's an issue that's become more widespread over the past few years as cost-of-living increased and hospital facilities aged. The proposed site is within a mile of both UC San Diego Medical Center and Scripps Mercy Hospital. In a statement, Scripps Health said it supports to bring this much-needed care to patients. 2151

SAN DIEGO (KGTV) -- A woman was shot multiple times during a dispute over a transaction in the Encanto area, San Diego police said Monday morning.Police said the incident occurred just after 5:30 a.m. in the 6100 Imperial Avenue.According to police, a woman in her 30s suffered several gunshot wounds to her arm and one to her stomach. Her injuries are not considered life threatening, police said.Police said the woman was shot by a man during what was described as a dispute over a transaction. The man was described as a Black man in his 30s, 6 feet 4 inches tall, and weighing 210 pounds.He was last seen wearing a red hoodie and blue jeans.No other details were released. 684

SAN DIEGO (KGTV) - A woman is dead after a shooting in the Skyline area, Saturday afternoon. San Diego Police detectives said around 5:30 pm, two cars were traveling northbound on Meadowbrook Drive. Both drivers stopped at the red light at Skyline Drive. Then, the passengers got into an argument. "Our victim got out of the second vehicle and approached the front vehicle on the passenger side," Homicide Lt. Matt Dobbs said. "Witnesses heard a gunshot and saw the female stumble away."</p>VIDEO REPORT: Man pleads not guilty in Skyline road-rage slaying of young momResponding officers found the 27-year-old woman, later identified as Sylvanita Widman, suffering from a gunshot wound. The shooter drove off. “She was transported by paramedics to a local hospital," Lt. Dobbs said. "Unfortunately, she died at around 6:28 this evening.”Investigators said Widman's driver was cooperative. Meanwhile, the motive of the shooting remains unknown. Police describe the shooter as a Black man in his 20's, driving a black Mercedes Benz. He is considered armed and dangerous.Friends of Widman told 10News, she was a talented singer and dancer, and a loving mother of two young children.  1239