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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) - The San Diego County Board of Supervisors Wednesday gave final approval to a measure to reduce light pollution in two rural communities.The amendment to the county's Light Pollution Chapter ordinance covers the Julian and Borrego Springs Community Planning Areas. Both will now be considered "Zone C" to receive a Dark Sky Community designation, which limits the total amount of light per acre and has more restrictive standards for signage or nighttime sports.During their regular meeting on Oct. 28, supervisors approved the ordinance amendment on first reading, and also found it to be exempt from the state's Environmental Quality Act, as it does not affect land use or density.Taking effect in January, the ordinance will support Julian in becoming an International Dark Sky Community and update Borrego Springs' light pollution standards.According to the county, changes willinclude new lighting standards (for color type, levels and shielding) and sign illumination. The county will give existing developments 10-year grace period to come into compliance.Dark skies are important to astronomers for better viewing in rural communities, along with businesses that benefit from related tourism. San Diego County adopted a light pollution policy in 1985.Public outreach sessions found that residents in Borrego Springs and Julian were supportive of new regulations, according to the presentation to the board.Ordinance enforcement will cost an estimated ,000 in fiscal year 2021-22.The cost for residential property owners to upgrade their lighting ranges between and 0, while a retail store owner might pay between 0 and ,600, according to the county. 1697

SAN DIEGO (CNS) - Police Tuesday were searching for two men who carjacked a man at gunpoint in the parking lot of the Mission Valley mall.It happened around 7:35 p.m. Monday in the parking lot of the Nordstrom Rack at 1640 Camino Del Rio North, San Diego police Officer John Buttle said.A man, whose age was not immediately available, was sitting in his blue 2007 Hyundai Sonata -- with California license plate 5XXK569 -- when two men approached the driver's side of his car, Buttle said.One of the men pulled out a black semi-automatic handgun and pointed it at the victim, demanding he give up his car, the officer said.The victim got out of the car and both men got in, then one of the men noticed the man's cell phone in the vehicle and demanded the passcode before the pair fled eastbound on Camino De La Reina in the Hyundai, Buttle said. 853

SAN DIEGO (CNS) - Sales of previously owned single-family homes and attached properties like condominiums and townhomes both fell more than 15 percent from October to November, according to data released Friday by the Greater San Diego Association of Realtors. Single-family home sales fell from 1,719 in October to 1,452 in November, a 15.5 percent drop. Attached property sales suffered an even steeper drop, falling 22.8 percent from 942 in October to 727 in November. Home sales have trended down in the second half of the year since the high water mark of more than 2,200 single-family homes and nearly 1,200 attached properties sold in June.Month-over-month home prices also fell from October to November, albeit not as drastically. Single-family home prices dropped 1.4 percent from 3,700 to 5,000, while attached property prices fell 5 percent -- from 8,000 to 7,000. Prices of single-family and attached properties have remained steady for most of the year, according to the GSDAR.``The end of the year and the holiday season are usually a sluggish time for home sale activity,'' said SDAR President Steve Fraioli. ``But it does appear that the pace of home price growth has slowed. Buyers should keep watch for price reductions on homes they want for Christmas.'' Year-over-year single-family home sales fell 19.4 percent, from 1,802 in November 2017 to 1,452 last month. Attached property sales likewise fell 20.3 percent, from 912 to 727.Median prices for single-family homes ticked up slightly, increasing 1.6 percent from 5,000 in November 2017 to 5,000 last month. Year-over-year attached property prices dipped by 2 percent, however, from 5,000 in November 2017 to 7,000 this year.According to the GSDAR, Realtors sold 39 single-family homes in Encanto last month, the most of any zip code in San Diego County. 1858

SAN DIEGO (CNS) - Target Corp. has agreed to pay .4 million to resolve allegations that it violated terms of a 2011 judgment regarding the company's handling and disposal of retail hazardous waste, San Diego County District Attorney Summer Stephan announced Wednesday.``This settlement holds Target accountable for this second violation of environmental laws that involve the improper disposal of a long list of hazardous materials,'' Stephan said. ``This case serves as a reminder to corporations of the importance of environmental protection laws that safeguard the public's health and that violators will be held accountable.''The current settlement -- announced by Stephan, 21 other California district attorneys, the California Attorney General's Office and the city attorneys of San Diego and Los Angeles -- comes as a result of investigations that concluded the company committed violations by improperly disposing hazardous waste into landfills across California between 2012 and 2016. The waste included such items as electronics, batteries, aerosol cans, compact fluorescent light bulbs and medical waste, including syringes, over-the-counter and prescribed pharmaceuticals, as well as confidential medical information from its customers.``We are confident that with these strong injunctive terms and penalties, Target will implement meaningful changes to prevent this from ever happening again,'' said California Attorney General Xavier Becerra. ``However, the wise move for all companies is to abide by the law and employ proactive training and processes to help ensure that hazardous waste violations are avoided in the first place.''It's the second settlement resolving allegations of hazardous waste compliance violations by Target. In March 2009, the California Department of Justice and several local prosecutors filed a complaint against Target, alleging that it violated state statutes and regulations governing the handling and disposal of hazardous waste.As part of the final settlement in 2011, Target agreed to pay .5 million to cover penalties, attorney's fees and funding for supplemental environmental projects. 2150