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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 missing 23-year-old woman who disappeared Saturday was found safe, police said Monday. Police say Christiane Demeco was last seen in the area of West Point Loma Blvd. on Saturday.The department said Monday that Demeco was found safe, though it's unclear where she was located. The circumstances surrounding her disappearance were also unclear. 373

SAN DIEGO (KGTV) - A man was arrested Monday morning on suspicion of breaking into a Pacific Beach home and sexually assaulting a sleeping woman earlier in the month, San Diego Police said.Jeffrey Hanze, also known as Jeffrey Hanre, was taken into custody in Los Angeles County by sheriff’s deputies at 3:45 a.m. No details about the arrest were released.Hanze entered a home in Pacific Beach through an open window about 2 a.m. the morning of October 1, San Diego Police said. RELATED: Police release photo of Pacific Beach sexual assault suspectInvestigators said Hanze sexually assaulted the woman who was sleeping, but left when she woke up.Hanze was considered armed and dangerous at the time of his arrest.10News checked Hanze's criminal background and found he has at least two felonies out of San Diego. He was also charged with several sex crimes in Arizona in 2011, including public sexual indecency, indecent exposure to a person 15 years old or more, and disorderly conduct. He is not listed as a sex offender.   1047

SAN DIEGO (KGTV) - A lawsuit has now been filed surrounding the platform collapse that injured 21 children and some adults last November at Vault PK parkour gym inside a Barrio Logan warehouse.Two mothers and six children are represented in the complaint, filed against Vault PK and San Diego's Metropolitan Transportation System (MTS), among other defendants.MTS owned the warehouse and subleased the space to a business that subleased again to Vault PK. A few days after the collapse, MTS was hit with a dozen building code violations.Some of the families are suing MTS and Vault PK for negligence, among other complaints.MTS told 10News it won't comment on pending litigation.  713

SAN DIEGO (KGTV) -- A man is being investigated on suspicion of DUI after driving into a house in San Diego’s Skyline neighborhood early Sunday morning.According to police, the man was driving his 2002 Mercedes Benz on the 6800 block of Madrone Avenue when he drifted off the road, went down an embankment and slammed into a house.The man received serious facial injuries and was taken to the hospital with non-life threatening injuries, police say.The house had only minor damage. It’s unclear if anyone inside the home was hurt in the crash. 556