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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 pillar to the community and a San Diego civic icon Reverend George Walker Smith has died at 91. For six decades, Rev. Smith was a trailblazing leader in the African American community. Smith also led Christ United Presbyterian Church of San Diego for decades. Those who were lucky enough to cross paths with him say he was kind to all. "We kind of thought of Rev. Smith as the black godfather of San Diego, and of this church, because he helped so many people," said Delores McNeely, a church member of 30 years. He was the first African American to be elected in the city when he won the race for the San Diego Board of Education in 1963. Rev. Smith started the Catfish Club, whose weekly lunches were a gathering spot for those interested in civic or political issues. "All the political leaders in the community came, and we had this huge forum, and they listened to him. And if something were going on in the community, the first person that they would call was Rev. Smith," said McNeely.McNeely says the forums started at the church but then moved to Channel 10 when attendance got too large. "His legacy is going to help the community to grow, everything he did, and wanted to do," said McNeely.Members of the congregation spoke to 10News Sunday. "He was a person who would never say no to anyone if you asked him to do. If he couldn't do it, he found someone who could," Jewel Kelley, a member of the church said. Rev. Smith passed away at a local hospital Saturday. 1504

SAN DIEGO (KGTV) -- A group of activists are upset after the San Diego Police Department rescheduled a Black History Month celebration for the department's current and former black police officers.The department's celebration was scheduled to take place Saturday, February 24th, but was canceled just days before. The group says a committee of officers was appointed to plan the event in January. They think the cancellation was politically motivated. Monica Montgomery spoke during a brief press conference on Monday at the Civic Center Plaza. She thinks the decision to reschedule the event was made after the keynote speaker was announced. The speaker was supposed to be Geneviéve Jones-Wright, the candidate for San Diego district attorney. She's running against interim D.A., Summer Stephan. The police department told 10News the event was rescheduled due to planning conflicts. Lt. Scott Wahl said they plan on notifying officers when a new date is set. The D.A. sent 10News the following statement: "District Attorney Summer was not involved in the planning or the rescheduling of this event." 1143

SAN DIEGO (KGTV) - A missing former Navy SEAL reported missing earlier this month has been found, according to police.San Diego Police said Johnathan Steven Surmont, 45, was located in Los Angeles during the time he was reported missing.RELATED: San Diego Police searching for missing Navy SEAL veteran"A citizen" called SDPD to tell them Surmont was in Los Angeles, at which point the department's Missing Persons Unit confirmed the information."Although Surmont’s current whereabouts are not known to SDPD, he is no longer considered at-risk or a missing person," the department said in a release.Surmont was reported missing after he was last seen in August, telling his wife he was in a "rough place" in Los Angeles, according to a missing person bulletin from the SDPD. His vehicle was found four days later, on Sept. 3, in La Jolla. 866

SAN DIEGO (KGTV) -- A member of the Phoenix Rising has been suspended for six games after reportedly using a homophobic slur against San Diego Loyal SC player Collin Martin.According to the USL Championship, Junior Flemmings was suspended for six games and has received an undisclosed fine in the incident.San Diego Loyal players walked off the field in protest after the slur was used during the September game.RELATED: San Diego Loyal SC walks off field over alleged homophobic slur"Listen, when we're all on our death bed, nobody's going to remember if we beat Phoenix 3-1 at home ... no one's going to remember that. They will remember that they stood up for something that they believed in and they supported their teammate and they supported what's right in the world. And that to me is what matters more than anything," Loyal coach Landon Donovan said. "I love soccer, I love this game, it's meant so much to me. I love competing ... but, you can't claim that you have these values if you don't act when it really matters.”Martin came out as gay in 2018 while with the Minnesota United.RELATED: San Diego Loyal SC forfeits point due to racial slurThe slur was used just one week after San Diego Loyal said it would forfeit the point it received because of a racial slur used in its game against LA Galaxy II, after the club says midfielder Elijah Martin was the victim of a racial slur by an opposing player. 1423

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