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SAN DIEGO (KGTV) — A pedestrian was struck and killed by a vehicle while on Interstate 5 late Sunday.The pedestrian was on southbound I-5, just north of Cesar E Chavez Parkway, just before 11 p.m. when a vehicle struck and killed the person, according to the California Highway Patrol.Several vehicles hit the person after the initial crash, CHP added.CHP said it's unclear why the person was on the freeway and whether drugs or alcohol were a factor in the collision.I-5 was closed between Cesar Chavez Parkway and Logan Avenue while CHP investigators responded. The collision was under investigation as of Monday. 623

SAN DIEGO (KGTV) — A man is searching for the good Samaritan who pulled him from a rip current in La Jolla this week.Patrick Fitzpatrick was swimming at Windansea Beach Tuesday."It took a snap second before I was in control to completely out of control," Fitzpatrick recalled, after becoming caught in a rip current. "There was no way on Earth that I was going to live from this. I was in a panic. I couldn't use my arms and legs now."Someone on shore, only known as "Dustin," noticed Fitzpatrick struggling and swam out to help him."He's a guardian angel. He owe him my life, he saved my life," Fitzpatrick says.Dustin swam out and kept Fitzpatrick calm before more help could arrive and get him to shore.Fitzpatrick is hoping to reunite with his mystery rescuer to say thank you."The humanity that comes from an act of kindness like this, from a perfect stranger," Fitzpatrick said. 892

SAN DIEGO (KGTV) — A pillar in San Diego's art community says it's being forced out of the neighborhood by high rent.La Bodega Gallery and Studios announced Tuesday it's closing its doors after six years following failed lease negotiations. The Logan Avenue gallery has leased the space at the historic Bank of Italy building since 2013 and is one of the founders of the Barrio Arts District.The gallery must now vacate the property by January 2020, gallery owners Chris Zertuche and Soni Lopez-Chavez say.RELATED:For rent: San Diego backyard shed listed for ,050 per monthCalls to change San Diego’s zoning regulationsZertuche and Lopez-Chavez say gentrification is to blame for the closing."It is unfortunate that a community art space that has created so much value for property owners in Barrio Logan can no longer afford to do business here," a release by the gallery said. "[Chris and Soni] have poured their lives into their business and the community they love and are saddened that the ugly face of gentrification pushed them out."The gallery has hosted more than 300 events in the community, the gallery says, and hosted several fundraisers for community organizations. The gallery has also won a variety of local accolades from San Diego magazines."[Chris and Soni] are not the first art space and small business to be gentrified out of Barrio Logan. They are just next," the release added. 1411

SAN DIEGO (KGTV) – A man was fatally shot by San Diego Police as officers responded to calls of vandalism in the Mountain View neighborhood early Monday morning.According to police, officers were called to the 300 block of South Pardee Street just before 4:30 a.m. after receiving reports of “a violent disturbance involving a weapon.”Residents at the home were woken up by a man they say ripped a metal curtain rod from the window and began breaking windows and other objects.“Fearing for their safety, they asked another resident to call 911. A neighbor also heard the commotion and called 911 reporting it sounded like someone was being tortured,” police said.When officers arrived, police say they gave the man directions in English and Spanish but received no response. According to police, that’s when the man crawled through a broken window before running towards officers with a metal pole.“Fearing for their safety, one officer fired a bean bag round, one officer fired a Taser, and one officer fired several rounds from his service pistol. The man was struck by at least one round and fell to the ground where he was taken into custody,” police said.Police rendered first aid to the suspect who was taken to the hospital where he later died.The suspect and officers involved haven’t been identified at this time.Anyone with information on the incident is asked to call the San Diego Police Department Homicide Unit at (619) 531-2293 or Crime Stoppers at (888) 580-8477. 1487

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

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