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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 growing mountain of rideshare bikes at a San Diego metal recycling plant is raising eyebrows.Hundreds of Ofo bikes have been stacking up over the last few days at Ekco Metals in Logan Heights.Ofo says they are simply recycling their own bikes and bike parts that are beyond repair.The bikes were sold as scrap metal at each, according to staff.Ofo says this is a part of a bikes life cycle and they have been doing this in other markets. RELATED: San Diegans report cut brake cables on dockless bikesOfo appears to be winding down its operations in North America. The Chinese bike-sharing startup recently announced it’s shuttering operations in Dallas, Seattle and Washington, D.C.Ofo officials told 10News last month it is committed to staying in San Diego after it accidentally sent out an alert saying they were leaving town.San Diego police said they are not assisting in scrapping the bikes and they are working with rideshares to ensure safety.RELATED: Ofo joins San Diego's growing field of dockless bike options 1062

SAN DIEGO (KGTV) — A Rancho Penasquitos man says on Sunday morning he walked outside to discover someone had broken into most of the mailboxes on his street. He added that even mailboxes that had locks had been pried open and left empty.“I woke up this morning to pick up my newspaper and I noticed every mailbox up and down the street and adjacent streets I could see had been opened and all the mail had been removed,” he said. The neighbor asked ABC 10News not to be identified.He said he’s lived in the area for about 10 years and it’s generally quiet. They had one incident a few years ago where mail was stolen around tax return season. He’s concerned about this theft because of the looming November election.“I kinda felt it might’ve had something to do with stealing the ballots,” he said.He said both he and his next door neighbor had received their ballots in the days immediately before the theft. Other neighbors in the area also said they already got their ballots in the mail, but the incident is a reminder to be extra cautious with important voting documents moving through the postal system.“Personally, I’ve never been a victim of crime here, or do I know anybody that’s been a victim of crime here, so it’s something that’s concerning,” he said.The neighbor added that he did email the registrar’s office to let them know of the possibility of stolen ballots in his neighborhood. 1407

SAN DIEGO (KGTV) - A San Diego man is accused of having and distributing explicit images of minors.According to a federal complaint that was just unsealed authorities allege Gilad Daniel Reifler knowingly distributed visual depictions of a minor engaging in sexually explicit conduct and possessed images of minors engaged in sexually explicit conduct.The federal documents say agents used peer-to-peer file sharing software to connect to his computer in January 2017 and obtain more than four thousand images. Agents say they were able to connect to the computer on two other dates and obtain more sexually explicit files.According to the complaint in June of 2017 agents searched Reifler’s home where they claim he admitted to obtaining and distributing child pornography via the same P2P file-sharing program that they used to obtain the images from a device in his residence.Court documents say, “following the execution of the search warrant I reviewed media seized from Reifler’s residents. The results showed over 170,000 images and over 10,000 videos depicting minors engaging in sexually explicit conduct on media seized.”A man who identified himself has Gilad Reifler told Team 10 investigator Adam Racusin he had no comment about the allegations.10News tried to get a hold of Reifler’s attorney, but as of this writing have not heard back.The FBI tells Team 10 they can’t comment on anything outside of what’s already in the public documents. 1466

SAN DIEGO (KGTV) -- A man died Sunday morning after California Highway Patrol says his car flipped over before slamming into a tree in National City. According to CHP, the crash happened around 3 a.m. on I-805 south near Plaza Boulevard. Officers say the vehicle was speeding when the driver lost control and flipped several times before hitting the tree. RELATED: Driver traveling wrong way on I-805 collides with SUV in fiery wreckAt this time, it’s unclear if drugs or alcohol played a role in the crash. The crash was the second deadly collision on the 805 south in two days. Saturday morning, a wrong-way driver crashed into another vehicle on I-805 south near the I-8 connector. According to CHP, both drivers were taken to the hospital with life-threatening injuries. The wrong-way driver later died at the hospital. 832