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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 judge has ruled that the government can continue waiving environmental laws to proceed with construction of a U.S.-Mexico border wall.Judge Gonzalo Curiel issued the ruling Tuesday afternoon. The ruling allows 14 miles of border wall to be built southeast of San Diego.The ruling comes one day after the Washington Post reported that President Trump will visit border wall prototypes in mid-March. RELATED: President Trump to visit San Diego, inspect border wall prototypesIn early February, ABC News reported that the Center for Biological Diversity filed a lawsuit against the U.S. Department of Homeland Security to protect endangered butterflies. Environmentalists claim the Quino checkerspot butterfly and a number of other species could be in danger if construction of the border wall continues. “We intend to appeal this disappointing ruling, which would allow Trump to shrug off crucial environmental laws that protect people and wildlife,” said Brian Segee, a senior attorney at the Center for Biological Diversity.“The Trump administration has completely overreached its authority in its rush to build this destructive, senseless wall. They’re giving unprecedented, sweeping power to an unelected agency chief to ignore dozens of laws and crash through hundreds of miles of spectacular borderlands. This is unconstitutional and shouldn’t be allowed to stand.”RELATED: San Diego federal judge fails to make ruling over border wall lawsuitCalifornia Attorney General Xavier Becerra said in a statement Tuesday afternoon that "A medieval wall along the U.S.-Mexico border simply does not belong in the 21st century.”Read the full statement below:“We remain unwavering in our belief that the Trump Administration is ignoring laws it doesn’t like in order to resuscitate a campaign talking point of building a wall on our southern border. We will evaluate all of our options and are prepared to do what is necessary to protect our people, our values, and our economy from federal overreach. A medieval wall along the U.S.-Mexico border simply does not belong in the 21st century.” 2170

SAN DIEGO (KGTV) -- A San Diego high school math teacher has figured out that investing in a souped-up fire truck has endless returns in smiles.The engine rumbles and the siren sounds before a loudspeaker announces, "Happy Birthday to Pauley! We want to wish a Happy Birthday to Pauley!"She's a 1947 International made into a hot rod fire truck named Lil' Red. Tricked out like the toy models kids love, the big kid at the center of this story is Mira Mesa High School math teacher David Watson."And up popped this fire truck," said Watson. "It's just about the coolest thing I've ever seen. It's a hot rod fire truck and I thought, oh my gosh, I need to have this."Watson says he's long had a thing for classic cars and when he spotted Lil' Red for sale in an online post he plunked down a pretty "confidential" penny to make her his own. This from a man who gives lessons on the value of a buck."I also teach a class called financial math," said Watson. "I wrote curriculum for that. I changed the name to Math for Life because that makes more sense."Watson says it's things like how to open a checking account and maintain a budget. So, what did his students think of hot rod expense?"They thought I was crazy!" exclaimed David. "They thought I was stupid; don't spend your money on that. Why would you do that? At first, explained Watson for the pure joy of having a really awesome set of wheels, but then he got to know Lil' Red a little better."The siren works, it has multi sirens. It has a little warning horn, it has a big huge horn, big loud horn. I didn't even know it had it. I was like, I wish it had the loud horn but then I finally figured out, it's in the middle of the steering wheel."Then it hit him right in the middle of his heart, he had a celebration machine."Baby showers, engagements, birthdays, and half my birthdays are for people who are 60 and older," said Watson. "The oldest person I did a birthday for was a hundred."So far, he's added an unforgettable flair to more than 70 events — and he doesn't charge a dime."Some people will call me crazy," said Watson. "But it's a lot of fun. My brother usually goes with me and he brings his dog. and his dog is a wonderful, very friendly dog. And the kids love his dog."I say to him, "You must get a great kick out of this.""I never realized," Watson says. "I thought I would just love owning it. Every time I see it I say, wow, this is just so cool."The unforgettable memories for those he visits are pretty cool too.Watson says his presentations usually last 5 to 10 minutes and he's been keeping a safe distance with the pandemic. If you'd like him to stop by a special event for you, you can message him on his Facebook page. 2711

SAN DIEGO (KGTV) -- A man who pleaded guilty to selling counterfeit oxycodone pills that led to the overdose death of La Jolla resident was sentenced in court Wednesday. According to the U.S. Attorney’s office, Trevon Antone Lucas was sentenced to 15 years in prison for the death of the La Jolla resident in 2018. According to court documents, Lucas pleaded guilty in June to distribution of fentanyl resulting in death. In his plea, Lucas admitted that he posted online ads for the illegal sale of prescription pills investigators say were laced with fentanyl. An investigation found that Lucas was twice warned about the danger of the pills he was selling. “Trevon Lucas knew the pills he was selling were deadly, but he sold them anyway, showing a remarkable disregard for the safety and well-being of his fellow human beings,” said U.S. Attorney Robert Brewer. “His greed transcended his humanity, and for that he will serve a very long sentence.” In his plea agreement, Lucas said he met with the victim in June of 2019, selling him nine “blues,” a slang term for prescription oxycodone pills. The pills were counterfeit and laced with fentanyl, according to documents. The documents go on the say Lucas had previously been warned about the sale of the pills. The victim reportedly died after consuming the pills. Three other people, Cenclair Marie Fields, Kevin Vandale Chandler and Donovan Adontas Carter also pleaded guilty in the case. 1454

SAN DIEGO (KGTV) - A measure on the ballot aims to solve San Diego's homeless and housing crisis by raising property taxes and using the money to build more homes.Measure A would provide the City with 0 million "for the acquisition or improvement of real property" that would be specifically for "vulnerable populations."According to the Measure, that includes low-income families making less than 80% of the median income and the homeless or chronically homeless, seniors, veterans, people who are disabled, and young adults who are coming out of the foster system."It would build as many as 7,500 homes," says Stephen Russell, the President, and CEO of the San Diego Housing Federation. "The trauma of sleeping on the street is ongoing. We believe the first thing you need to do is give someone a safe, secure place to live."Russell says the City could leverage that 0 million to bring in an additional billion in state and federal matching funds.According to the text of Measure A, the money would be paid back over 40 years by gradually raising property taxes. In the first year, homeowners would be taxed an additional .14 per 0,000 of value on their home. With the average home value in San Diego at just above 0,000, that means homeowners would pay an extra in property taxes.But, by the seventh year of the bond, that tax goes up to .85 per 0,000 of assessed value or about 5 for the average home.Over 40 years that means an average homeowner in San Diego would pay an additional ,000 in property taxes."We believe that folks with their empathy, with their sympathy for folks on the streets, are prepared to make that small investment," says Russell.But opponents of the Measure say it's not the right time to raise taxes, and the money would not solve the issue."The people who put Measure A on the ballot are the same people who are responsible for the failed strategies that we've been pursuing for the past decade, that have resulted in a skyrocketing increase in the number of homeless people here in San Diego," says Carl DeMaio, the Chairman of Reform California."If we really want to deal with homelessness, we have to get to the root cause of homelessness, which is substance abuse and mental illness," he says.DeMaio also points out that the text of Measure A says it will cost the City .1 billion to pay back the bonds over 40 years.The Measure also establishes a Citizens Oversight Committee to make sure the money is only spent on affordable housing.Because it's a new tax, it requires a 2/3 vote to pass. 2568

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