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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) – A year-long construction project to improve State Route 163 hit a milestone Tuesday morning with the completion of work on Friars and Frazee Roads.Crews arrived early in the morning, finishing up last minute preps before the big reveal. One noticeably new addition are signal lights put in place to help regulate the flow of traffic.The city also made improvements, like adding lanes on Friars Road. There are four lanes going east and four lanes going west. Changes to the on and off ramps from the 163 onto Friars Road may reduce the confusion and congestion caused by the old traffic pattern. Crews also added sidewalks and clearly-marked bike lanes. “We can separate and have a path for all modes of traffic including foot and bike traffic. So, it will be safer for everyone using Friars Road. It’s a safer facility now that we made these improvements," said a Caltrans spokesperson.The “Open for Business,” ceremony took place at 10 a.m. 969

SAN DIEGO (KGTV) -- After years of setbacks and construction, part of One Paseo is getting ready to open its doors in Carmel Valley. The company behind the project plans to open the multi-concept development in phases, with the retail space scheduled to open first in the beginning of March. The residential area is set to open in the summer of 2019 with offices on the property following in 2020. RELATED: Salt & Straw to open second San Diego shop at One PaseoThe property includes 96,000 square feet of shops and restaurants, 608 residential units and 286,000 square feet of real estate. The City Council approved the much larger original project in 2015, but it was overturned after opponents collected 60,000 signatures on a petition. Council members urged the project's developer, Kilroy Realty, and its opponents to reach a compromise.The downsized One Paseo project was approved by San Diego’s City Council 8-1 in mid 2016. RELATED: City Council approves slimmed down One Paseo"It's great to see the two sides coming together and working out an agreement, and coming to terms of a settlement that had been worked out earlier," Councilwoman Lorie Zapf told 10News in 2016. "When you see a lot of the former foes here now in support and praising the community outreach efforts, it's a huge difference from (prior) meetings that we had here."Check out the list below for shops and restaurants in the retail space so far: International SmokeThe ButcheryWays & MeansDrybarNathan WestCurbarColor CounterSusie CakesMizukiyama SushiSalt & StrawPigmentNorth ItaliaWhiskey + LeatherMarrow FineVan De VortJoe the JuiceParakeet CafeTender GreensUrban Beach HouseShop GoodSoulcycle 1692

SAN DIEGO (KGTV) - About two dozen businesses and houses of worship are taking advantage of a new rule that waives permit fees at San Diego County parks.According to the San Diego Parks and Rec Department, 14 fitness-related businesses and 12 houses of worship have been approved for permits to operate in county parks.RELATED: County Board Approves Plan to Allow Businesses to Operate at County ParksOn Aug. 5, San Diego County Supervisors approved a motion to waive permit fees and streamline the permit process so that businesses and houses of worship could hold events and classes in parks.Supervisor Dianne Jacob, who made the initial request, called it a "creative" way to provide flexibility and help those businesses survive the coronavirus pandemic."We're trying to make it as easy as possible for businesses to survive during this difficult time," Jacob told ABC 10News on the day the rule passed. "This is just another way to do it."Kaylee Kiff owns The Dance Spot in Chula Vista. She says she applied for the permit as soon as she heard about the program. She began holding classes at Otay Lakes Park just a few days later.Kiff says it saved her business."This was the first time I really felt supported as a business," Kiff says of the new rule. "I understand why we shut down, and I was happy to do it. But when it got to the point where I would lose my business, I'm just looking for any lifeline I could get. The county really was that lifeline."A county spokesperson didn't say how many more businesses or houses of worship have applied for the fee-free permits, but told ABC 10News other applications are in process for approval.Since the county changed its rules, several other cities have followed suit, including San Diego, El Cajon, Coronado, La Mesa, and Oceanside. Businesses looking to operate in a park are encouraged to check with local governments for specific rules. 1903

SAN DIEGO (KGTV) — An elderly Army veteran is warning others after he was brutally attacked while riding his mobility scooter in North Park.Around 3:30 p.m. Tuesday, 81-year-old Phil Severns was headed to a grocery store on the scooter when it happened."I just felt a sharp blow on the right side of my head. It almost knocked me out ... My glasses came off and were broken,  and my head hurt terribly," said Severns.Severns says he turned around and saw two concerned women who described his attacker. He looked and saw a man on the run a block away, described as a black man in his mid-20s with long hair, a lean build, and blue shirt and shorts.MAP: Track crime happening in your neighborhoodAt that moment, Severns says he kept thinking that he had to find out who did it. Severns decided to go after him, following him into a nearby CVS Pharmacy parking lot, where he found the man swinging a sock that appeared to be filled with rocks."Confronted him and asked him why he hit me," said Severns.The answer? A claim that Severns had hit him first, which Severns calls untrue. Before the man took off, there was more odd behavior.    "Just walking in circles and waving that sock," said Severns.It appears he wasn't done. Across the street at Walgreens, managers tell 10News they believe the same homeless man punched a clerk an hour later, the second such altercation with the man in the past year. It's a revelation that makes Severns more fearful."He's dangerous and acting crazy. I think he's having fun and needs to be caught," said Severns.Severns says the pain has faded and he didn't suffer any serious injuries.  If you have any information on the case, call Crime Stoppers at 888-580-8477. 1765