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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 new report shows how San Diego ranks among U.S. and California cities for seniors. According to caring.com, San Diego ranks 159th out of 302 cities nationally for best and worst cities for seniors. San Diego ranked high on the list when it comes to quality of life, ranking 94th out of the 302 cities. Some areas where San Diego ranked lower include healthcare,180th out of 302 and affordability, placing 194th out of 302. In California, San Diego ranked fairly low, coming in at 45th among 75 cities. The best cities in The Golden State for seniors are San Francisco, Woodland Hills, Santa Monica and Burlingame. Nationally, San Francisco also took the top spot, followed by Fredericksburg, Virginia, Washington D.C. and Boston Massachusetts. Caring.com rated the cities using data on healthcare, housing options, community engagement, transportation, quality of life and workforce development. According to the U.S. Census Bureau, seniors will outnumber kids by 2035. A separate study found that retirees in America's Finest City are downsizing to make it in San Diego. Meanwhile, other programs in San Diego, another program run by the Jewish Family Service is setting its sights on seniors struggling in San Diego. 1249

SAN DIEGO (KGTV) - A Marine was honored Monday at Camp Pendleton for his bravery mid-September when he saved a choking baby.Private First Class Jonathan Lewellen was on leave after graduating boot camp before starting combat training. He was upgrading his phone at the Liberty Station Verizon store when he heard a mother screaming her son's name."She wasn’t hysterical but she was panicked," Verizon Store Manager Cecil Silva said. "He [Lewellen] looked and his instincts just kicked in, like he literally jumped over a desk we had, jumped over the railing, ran through the bushes and just attended to the baby."Lewellen asked the mother if he could help, then performed CPR, and scooped mucus out of the baby's throat."The baby was pretty pale, started getting a little blue-ish," Silva said he called 9-1-1 and was asked to stay on the line, saying several others calling couldn't hold a connection due to bad cell service."Once the ambulance was here they were just like, you’re lucky this guy was here," Silva said both parents were shaken from what happened. He added he has nieces and nephews of the same age and admired how Lewellen had the training and response to provide aide."That just shows, you never you never just turn that part of you off. Good people are just good people," he said, calling him a hero."I did what I was trained to do I don't think I'm a hero more than anyone else would be," Lewellen said. He was thinking of his own two children while saving the baby. He has a 3-year old and a 3-week-old.After combat training, he will go on to work as an aviation mechanic. 1637

SAN DIEGO (KGTV) - A new technology platform launched this week is making it easier for restaurants, hotels, and caterers to donate food to those facing hunger in San Diego County.The new platform, MealConnect, was unveiled by Feeding San Diego. CEO Vince Hall says the free platform will help rescue the more than 14 million pounds of food going into San Diego landfills every year. "This is an issue that is compelling, it is serious, and it is urgent because hunger is debilitating," said Hall. Restaurants and food service providers use the MealConnect app to submit a food donation. It's then picked up by a volunteer and delivered to a nearby charity. Nancy Kane is one of the first San Diego volunteers to take part in the program. "It's flexible, it's not that hard to do, I can do it on my own time. I love it; it's one more thing I can do to make a difference," said Kane.Volunteers receive training and equipment to ensure food is delivered safely. They can choose their delivery hours and can accept or decline requests via text message. MealConnect enables food donors of all sizes, such as hotels, meeting and event planners, restaurants, farmers market vendors, and convenience stores to post surplus food to the system.Feeding San Diego received a ,500 grant from the Walmart Foundation to support the launch of MealConnect in San Diego County. In partnership with Feeding America, MealConnect is available in seven other markets across the United States. 1482

SAN DIEGO (KGTV) -- A new report shows how San Diego ranks among U.S. and California cities for seniors. According to caring.com, San Diego ranks 159th out of 302 cities nationally for best and worst cities for seniors. San Diego ranked high on the list when it comes to quality of life, ranking 94th out of the 302 cities. Some areas where San Diego ranked lower include healthcare,180th out of 302 and affordability, placing 194th out of 302. In California, San Diego ranked fairly low, coming in at 45th among 75 cities. The best cities in The Golden State for seniors are San Francisco, Woodland Hills, Santa Monica and Burlingame. Nationally, San Francisco also took the top spot, followed by Fredericksburg, Virginia, Washington D.C. and Boston Massachusetts. Caring.com rated the cities using data on healthcare, housing options, community engagement, transportation, quality of life and workforce development. According to the U.S. Census Bureau, seniors will outnumber kids by 2035. A separate study found that retirees in America's Finest City are downsizing to make it in San Diego. Meanwhile, other programs in San Diego, another program run by the Jewish Family Service is setting its sights on seniors struggling in San Diego. 1249

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