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SAN DIEGO (CNS) - The father of two children who died in a Rancho Bernardo condominium fire fell asleep while drunk with a lit cigarette in his hand and then abandoned his kids to try and save himself, a prosecutor said Tuesday, while a defense attorney told jurors that a defective cell phone was a far more likely ignition source. Jurors heard final summations, then began deliberating the charges against Henry Lopez, 39, who is charged in the Oct. 28, 2017, deaths of his 7- year-old daughter Isabella and 10-year-old son Cristos. He faces up to 14 years in prison if convicted of involuntary manslaughter, child endangerment and reckless fire starting. Deputy District Attorney Kyle Sutterley alleges that Lopez got drunk following an argument with his girlfriend, fell asleep and ignited a blaze in his bed. The prosecutor alleges that Lopez, upon waking to find the condo ablaze around 3:15 a.m., went past the children's bedrooms on his way down the stairs and punched out a first-floor window to try and escape the flames. He then went back upstairs and started pounding on the walls, then passed out from the smoke at the top of the stairs, where firefighters later found him, Sutterley said. According to the prosecutor, Cristos walked into his father's burning bedroom, laid down on the floor and died of burns to more than 80 percent of his body. Isabella went into her brother's room, laid down on the bottom bunk bed and ``fortunately never woke up'' after passing out due to smoke inhalation, Sutterley said. ``A parent has a responsibility to care for their children, a responsibility to protect their children, and if need be, to sacrifice themselves for their children. And Henry Lopez, on Oct. 28, 2017, he failed his children, and as a result, one of them burned to death, and one of them went to sleep and never woke up,'' Sutterley said in his closing argument. Defense attorney Paul Neuharth Jr. alleges it was more likely that his client's iPhone 6 caused the blaze while it was charging beneath Lopez's pillow. Neither cigarette butts, nor the phone, were found in the remnants of the blaze. Sutterley said investigators located a drinking glass within the area where the fire started, which may have been used as a makeshift ashtray. Prosecutors say a similar glass full of around 75 discarded cigarette butts was located in a trash can in the home's garage. However, no cigarette butts were found inside the glass in the bedroom. Neuharth told jurors there was no proof that a lit cigarette started the fire, with the only evidence of smoking inside the home coming from the defendant's ex-wife, Nikia, who said she once witnessed him smoking marijuana in his bed. Lopez told investigators he only smoked on his outside patio and never inside the house, particularly due to his son's asthma. Wayne Whitney, an investigator with the San Diego Fire Rescue Metro Arson Strike Team, testified last week that despite the lack of cigarette butts in the burned bedroom, he was able to make a ``reasonable inference'' that cigarettes sparked the fire, by way of Lopez's alleged smoking habits. Whitney conceded that the cell phone was a possible cause of the fire, but said he didn't believe it would have ignited the condo fire if it were under Lopez's pillow, as a lack of oxygen would have smothered the blaze and kept it from spreading. Sutterley said the burns Lopez sustained on his back, arms and particularly his hand were more consistent with holding a lit cigarette, rather than a cell phone igniting beneath his pillow, which Sutterley argued should have caused burns to Lopez's head. Neuharth emphasized that Whitney came to his conclusion despite no evidence that Lopez smoked in the home that day, while on the other hand, cell phone records proved the phone was in the condo, though it's unknown whether it was in Lopez's bedroom. Wall outlets and candles in Lopez's bedroom were ruled out as potential causes of the blaze, as they were outside the area where investigators believe the fire began. Smoke detectors in Lopez's bedroom and one of the children's rooms were unplugged or removed, according to Sutterley, who said Lopez had a 0.229 blood-alcohol content when blood was drawn at a hospital less than two hours after the fire. Neuharth contested the idea that Lopez did not do whatever he could to try and save his children, telling the jury that the defendant went back upstairs and beat a hole in the wall in attempt to get to the youngsters' rooms amid thick smoke filling the condo. The attorney argued that had it not been for the timely arrival of firefighters, Lopez, too, would have died from smoke inhalation. ``What more can you ask of a parent than to give their life and if not for whatever matter of seconds it would have been or a minute before he was brought out and resuscitated, he would have been dead along with the children,'' Neuharth said. Sutterley argued Lopez's first instinct was selfishness and self- preservation, as ``he was so deep into a bottle of whiskey and a cigarette that he forgot (the children) were there or abandoned them on purpose. But either way, as a parent, your first thought is to save your children. Your first thought is to your kids. It's not to yourself. It's not to the front door. It's to save your children.'' 5315
SAN DIEGO (CNS) - San Diego County Credit Union announced Thursday it will join with partners to collect school supplies for students experiencing homelessness.Teaming up with the San Diego County Office of Education and iHeartMedia radio stations, the annual "Stuff the Bus" school supplies campaign supports Live Well San Diego. The San Diego County Board of Supervisors launched the program in 2010 with the goal of "achieving healthy, safe and thriving communities across the region by partnering with community and city leaders, schools, businesses, nonprofit organizations and residents.""Families and youth experiencing homelessness need resources and assistance more than ever during this uncertain time," said Susie Terry, a coordinator of youth homeless services at the office of education. "This drive will allow us to lighten the load for these families in one small way. Over the past few years, we have heard from our local schools how much it means to the families to receive these supplies."Homelessness for school-age children can mean living in a shelter, sharing a residence with multiple families, living in a car or trailer in San Diego County or sharing a room in an apartment with relatives. Homelessness is not limited to urban, downtown San Diego, it also affects suburban school districts all over the county."We encourage the entire San Diego community to support this effort and donate to help set these children up for success in the new school year. We are proud to once again partner with the San Diego County Office of Education and iHeartMedia to help make a big difference in the lives of homeless students throughout the county," said Teresa Campbell, SDCCU president and CEO.Monetary donations will be accepted online through July 31. Donations are also accepted online at iHeartMedia San Diego radio stations Star 94.1, Channel 93.3, JAM'N 95.7 and KOGO AM 600 through August 1. For more information or to donate online, go to sdccu.com/donate. 1989

SAN DIEGO (CNS) - San Diego State's scheduled football game Friday at Fresno State was canceled Sunday due to COVID-19 contact tracing within the Bulldogs' program.The Mountain West Conference is declaring the game a no contest, and has no plans to reschedule it, conference officials said Sunday.The Aztecs (3-2), who were coming off a 26-21 loss at undefeated Nevada on Saturday, will now hold onto the Old Oil Can trophy for another year after beating Fresno State, 17-7, last season in San Diego.The Bulldogs (3-1) had their planned game Saturday against San Jose State canceled on Friday, also due to COVID-19 contact tracing within the Bulldogs program."We are disappointed about the game on Friday being canceled due to COVID issues but the health and safety of our student-athletes is most important," SDSU athletic director John David Wicker said. "We will actively search for a game this weekend because our coaches, student-athletes and staff want to play."We have reached out to the conference office and the Pac-12 that we are actively looking for a game. We will have to see how testing goes this week for all of the schools in our conference and the Pac-12."Fresno State athletic director Terry Tumey said "in partnership with Mountain West Conference leadership and the leadership at San Diego State, we explored every alternative solution we could identify in order to play the game on its scheduled weekend. Unfortunately, there was not a path forward to do so within our defined framework."San Diego State's next scheduled opponent is Colorado State on Dec. 5 at Dignity Health Sports Park in Carson. 1627
SAN DIEGO (CNS) - The San Diego City Council on Monday will honor area residents who assisted victims in the Las Vegas mass shooting that left 58 concert-goers dead and hundreds of others wounded.Councilwoman Lorie Zapf plans to introduce a proclamation declaring "Las Vegas Unsung Heroes Recognition Day" in San Diego.In it, she calls the Oct. 1 shooting at a country music festival "one of the most horrific events in American history" and lauds Taylor Winston, Jenn Lewis, Officer Max Verduzco, Officer Tom McGrath and his wife, Tiffany.RELATED: Brother of Las Vegas shooting victim Jennifer Irvine urges educator-only pension to divest in gunsShe said Winston -- an ex-Marine living in Ocean Beach -- and Lewis, his girlfriend, found a truck with its keys in the ignition and used it to rush about two dozen shooting victims to a hospital.Verduzco knocked over a fence, allowing the crowd to escape the scene, according to Zapf. Tom McGrath treated numerous gunshot victims on the concert grounds.The two cops were among more than a dozen SDPD officers at the festival, along with seven San Diego firefighters.RELATED: San Diego attorney among victims of Las Vegas concert shooting"Many national news outlets and social media outlets have shared these local citizens' stories and hail them as heroes," Zapf says in her proposed proclamation. "They humbly accept this praise, but they are quick to recognize the many unsung heroes who also stepped up to the plate to help their fellow concert-goers to safety."A spokeswoman for Zapf said the five named in the proclamation all plan to attend the event at a City Council meeting.The gunman, 64-year-old Stephen Paddock, opened fire from the 32nd floor of the Mandalay Bay Resort and Casino into the crowd at the Route 91 Harvest Country Music Festival during a performance by Jason Aldean. Paddock shot himself as SWAT officers prepared to breach his room.RELATED: Names of everyone killed in Las Vegas mass shootingThe dead included a 42-year-old San Diego attorney, Jennifer Irvine. Several San Diego County residents are recovering from serious wounds.Winston told CNN he instructed nearby audience members to keep their heads down and get out of the area. He and Lewis helped numerous people climb over a fence, he said.He said he spotted a lot filled with work trucks and found one with a key.RELATED: White crosses honor shooting victims at Las Vegas' iconic entry sign"Once we were in it, we decided to go help get everyone out of there," Winston said. They drove back to the venue, where some friends were setting up a "makeshift hospital" away from the continuing gunfire.They drove as many people as they could at a hospital, where staff helped unload the patients, he said."Once we were clear, we just said let's go back for more," Winston said. "We went back for a second trip and filled (the truck) to the brim."RELATED: San Diegans honor Las Vegas shooting victims with human peace signAt a news conference, Tom McGrath said he and his wife were approached by a young woman soon after the shooting started."She'd taken a round to the chest. She was holding her chest, and I could see a large amount of blood come out," he said.McGrath responded by tearing off his shirt and pressed it onto her wound.RELATED: Renewed interest in life-saving class following Las Vegas shooting"And I felt more hands go on top of mine ... from everywhere, trying to help me put pressure on this wound," he said. "And we were trying to lay her down. ... And while we were tying to get (security personnel's) attention and tending to her, the second round of (gunfire) came on, and I remember I just grabbed my wife ... and I just pulled her close to me, and I laid on top of her, and I tried putting her on top of the (wounded) girl, and still everybody had their hands on top of mine."He said he helped Tiffany and others scale a fence, climbed over himself and realized he'd become separated from his wife. As he searched for her, he helped a man with a neck wound and applied a tourniquet to a woman's injured leg.Verduzco said he applied a tourniquet for a wounded man and helped a woman who had been shot in a leg.RELATED: Las Vegas hospital waiving medical costs for mass shooting victims 4268
SAN DIEGO (CNS) -- San Diego County's recommended .4 billion budget for fiscal year 2020-21, which was released Monday, includes 0 million dedicated to testing, medical supplies, food distribution and other needs related to the COVID-19 public health crisis.Calling COVID-19 "the county's top budgetary priority," county leaders released a statement announcing the Health and Human Services Agency will see an increase of 0 million to support the county's Testing, Tracing and Treatment Strategy, personal protective equipment, and other resources and efforts in its pandemic response.Another million is earmarked for technological resources related to behavioral health services, including telehealth, electronic health record upgrades, outreach and engagement, workforce recruitment and retention.The COVID-19-related economic downturn also affected other sectors of the budget, with county officials expected to dip into reserves and slow or stop "non-essential services and projects" in order to address revenue shortfalls.The proposed spending plan is 9 million -- or 2.5% -- larger than the last fiscal year's budget.Budget increases include an additional .7 million to address homelessness in unincorporated county areas and 0,000 to develop a Flexible Housing Subsidy Pool to help homeless individuals move into permanent housing. Other budgetary increases related to homelessness include million to address homelessness among people ages 24 or younger, and .6 million to the Sheriff's Homeless Assistance Resource Team, which partners sheriff's deputies with local service agencies to help connect homeless individuals with much-needed services.The budget includes a .5 million increase for Child Welfare Services and a .2 million increase for the C3 for Veterans program, which helps local veterans with housing assistance, care coordination and vocational opportunities.The budget also calls for a .7 million net decrease in the Capital Program, but does include 5.9 million toward a number of projects, including .3 million to enhance and renovate the Rock Mountain Detention Facility, million for design and construction of the Innovative Residential Rehabilitation Program, .3 million for expansion and improvements at various county parks, and .2 million to construct the Mt. Laguna and Palomar Mountain fire stations, as well as planning for the East Otay Mesa Fire Station.Other county priorities outlined in the budget include .1 million to implement the Community Air Protection Program to improve air quality, the expansion of Crisis Stabilization Units and commencement of non-law enforcement Mobile Crisis Response Teams, and the design and implementation of an earthquake early warning system pilot program.Virtual budget hearings will begin Aug. 10. The San Diego County Board of Supervisors is scheduled to deliberate and adopt the budget at an Aug. 25 virtual public hearing.More information on the budget is available at https://www.sandiegocounty.gov/openbudget. 3048
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