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SAN DIEGO (KGTV) -- The man accused of shooting two people outside a Metallica concert in the Gaslamp, including an off-duty sheriff’s deputy was back in court Tuesday.In July Ray Pitoau had his first trial. He was found guilty of three firearm charges, including felon in possession of a gun.The jury deadlocked when charging him with three counts of assault with a deadly weapon. The District Attorney’s Office refiled for a retrial.RELATED: Gaslamp deputy shooting suspect escapes Spring Valley SWAT standoffA few months later that retrial is in session and Pitoau now faces potential life in prison for allegedly shooting sheriff’s deputy Jason Philpot three times, aiming the gun at his brother, Joshua Philpot and shooting and hitting a third person walking by.During his testimony Tuesday, Pitoau tells the jury he didn’t intent on actually firing the gun. "When I see the gun it was like okay you know what I mean, just show it to these guys. It be like okay split parts, I run this way they run that way. It be cool," Pitoau said.Pitoau was asked by the defense attorney and prosecutor to recollect the night of August 7, 2017. The night he got into an altercation with the Philpot brothers and it ended in shots fired.RELATED: Suspect in Gaslamp shooting that injured off-duty deputy arrested in MexicoWhen Pitoau grabbed the gun from his friend that night he tells the jurors he didn’t think Jason Philpot in law enforcement and would know how to remove a gun from a shooter.“I had it in my right hand his left hand cam over my hand and his right hand came under my hand,” Pitoau continued. “So he grabbed the whole thing like he close don it so he started twisting my wrist." Pitoau went over the entire night and even included details of fleeing the country after he saw the shooting on the news the next morning. “I took off to Mexico, well I cut my hair, shaved my beard and then I walked to the trolley station and went to Mexico."After a month in Tijuana he was brought back to the United States and immediately handed over to U.S. Marshals. The retrial will continue Wednesday. 2143

SAN DIEGO (KGTV) - The boy who was critically injured in a crash in San Ysidro joined his parents Friday outside the courthouse where the alleged driver is on trial.Prosecutors said Constantino Banda Acosta, an undocumented immigrant, was drunk May 6 when he hit the Lake family on their way home from Disneyland.Lennox Lake was hospitalized for 18 days with multiple skull fractures. He is doing better physically but suffers memory loss from the crash, his mother Ingrid said.RELATED: Trial begins for Constantino?Banda Acosta“He can’t sleep through the night without needing one of us to go to his room, he has nightmares.”Ingrid lake also said her son is scared to go to the hospital and has anxiety attacks in the car.The jury was deadlocked in Banda’s first trial because jurors weren’t sure he was the driver.RELATED: Jury deadlocked in case against alleged driver in San Ysidro?crashAnother man, Jorge Adame, was in the truck with Banda at the time.Ingrid Lake said Banda is expected to testify in his retrial. 1026

SAN DIEGO (KGTV) — The Laurel Street Bridge at Balboa Park was closed late Friday after a fire started inside the bridge. At around 7:30 p.m., Park Rangers called the San Diego Fire Department after seeing smoke coming out of the side of the 105-year-old bridge. The closure caused great inconvenience for Old Globe Theater patrons trying to get to and out of Friday night's show. Season ticket holders Kenny Ard and Brian Moore barely made it to the theater, before the bridge was closed off by emergency responders. Witnesses saw firefighters carefully try to suppress the flames by opening the manholes on the road.“We kind of rushed when we saw the fire truck," Moore said. “I was like, I bet they’re going to close the bridge. So we hurried and made sure we got here.“San Diego Fire Fighters said the fire broke out inside of the hollow bridge. They have not announced the cause of the flames. However, this scene was all too familiar. Since its construction in 1914, the Laurel Street Bridge has caught fire several times. Many of the fires were started by transients who end up living inside the bridge. In 2017, several homeless people were rescued from inside a utility hole on the bridge.“There are access panels at the base and some on the sides, and so people get in there,” Moore said. While Are and Moore were able to avoid the jam getting to the show, they were not so lucky finding their way home.“My car is parked right on the other side of the bridge,” And said. “We’re going to have to take a Lyft because it’s a long way around.”The bridge had reopened by Saturday morning. 1601

SAN DIEGO (KGTV) - The coronavirus pandemic, combined with a recently enacted state law, has created a new problem along San Diego's streets and boardwalks.Business owners say they're being overrun by vendors who set up makeshift stores and crowd sidewalks and walkways, while also luring customers out of long-established businesses."It's pretty much a free-for-all," says David McDaniel, the owner of Paradise Cove near Crystal Pier. "Anybody can sell anything, anywhere."He's partially correct. A new state law, Senate Bill 946, went into effect in 2018. Passed by the legislature and signed by Gov. Jerry Brown, it decriminalizes street vending, telling cities that they can create their own guidelines and can only enforce them with tickets for vendors who violate the rules, instead of criminal charges.Several cities in San Diego County, including Carlsbad and Vista, were quick to establish their regulations. San Diego still hasn't.As more vendors set up shop, the Pacific Beach Town Council is asking city leaders to move the process along."We're calling on city leaders to end the swap meet on our boardwalks now," says Brian White, the President of the Pacific Beach Town Council. "We have lots of pedestrian traffic, bicycles, skateboards. There really is no room for this type of vending activity."Earlier this month, the Town Council sent a letter to Mayor Kevin Faulconer and the City Council asking for specific rules.The San Diego City Council started to establish new rules for vendors in 2019. Faulconer sent a draft ordinance to the Economic Development Committee.It would have prohibited vendors on the boardwalk and other high traffic areas. It also would require business permits, set hours for vending, establish distances from public facilities, require vendors to follow health and safety rules, and several other rules.That ordinance passed the committee unanimously on July 25, 2019.The city then held three public forums about it in October. But it never went to the full council for approval."It is an issue that's becoming a real problem. We definitely need to get some regulations going with this," says City Councilmember Jennifer Campbell, who represents Pacific Beach and Mission Beach."It's really up to the mayor's office to bring us these recommendations to City Council," says Campbell.ABC 10News reached out to Faulconer to see why there has been a delay in moving the draft ordinance forward. In a statement, Ashley Bailey, the mayor's Deputy Director of Communications, says, 2526

SAN DIEGO (KGTV) — The environmental community is concerned that individuals using masks are disposing of the face-covering properly.Dimitri Deheyn is a Scripps Institution of Oceanography research scientist and studies biodegradable objects, something disposable masks are not. He said around the world, researchers are seeing an increase in trashed masks on beaches, which will ultimately end up in the ocean and harm wildlife and our ecosystem.In addition, when the disposable masks are thrown away, the string can become a danger to animals if not cut, so he said if you have to use disposable masks, cut the string that goes around the ear.Deheyn has been working with a company based in Austria called Lenzing that typically makes eco-friendly comfortable clothing from fibers that can degrade, making them better for the environment. He said the company shifted to making biodegradable masks when the pandemic hit, and he’s helped test them.“Basically test them, we put them in the seawater and see if they degrade and yes they degrade,” he said.He said there are U.S. companies that make a similar product, and this is what people should be wearing instead of disposable masks. He said reusable masks are another solution to helping save the environment.“If you are acting as an individualistic human being, and you oppress nature, at the end this could be very bad for us as a human society,” he said, encouraging everyone to do their part. 1457