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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 first of more than a dozen truckloads of sand for an international sand-sculpting competition started arriving at the Broadway Pier and Pavilion in downtown San Diego Monday morning.A total of 15 trucks hauled and dumped 300 tons of specialized sand on the pier for the seventh annual US Sand Sculpting Challenge.Event organizers said top competitors from countries around the world, including the US, Russia, Australia, Italy and others, will attend the event over the Labor Day weekend from Friday, Aug. 31, to Monday, Sept. 3.When completed, sand sculptures will stretch nearly 1000 feet over San Diego Bay, organizers said.The first four truckloads of sand arrived between 8:15 a.m. and 8:45 a.m. Monday, Aug. 27, and subsequent loads will arrive in waves throughout the day, according to event organizers. 845

SAN DIEGO (CNS) -- San Diego City Council President Georgette Gomez said Monday she will propose extending the city's COVID-19-related eviction moratorium through next March.Gomez will ask for council support at Tuesday's scheduled council meeting to extend the deadline until March 31, according to a statement from her office.The city's current moratorium, which prohibits landlords from evicting renters and small businesses that are unable to cover their rent or lease payments due to financial hardship brought about by the pandemic, is slated to expire Sept. 30.Gomez says the pandemic's impacts have not yet declined enough to warrant lifting the moratorium this fall, particularly with 0 weekly federal unemployment benefits set to expire at the end of the month."When we passed the eviction moratorium in March, I hoped that six months would be enough for renters and small businesses to recover from the economic effects of COVID-19, or that our federal government would provide sufficient relief," Gomez said. "Unfortunately, the pandemic is not subsiding, unemployment remains high, many businesses are still struggling, and the federal government's response has been woefully inadequate. It is absolutely critical that we give San Diegans more time."San Diego's eviction moratorium has been extended twice since the beginning of the pandemic. The latest extension was approved last month by a 5-4 council vote.The city council has also approved .1 million in relief for renters, as well as nearly million in relief for small businesses. 1567

SAN DIEGO (CNS) - San Diego County and the rest of Southern California will fall under sweeping new health restrictions Sunday evening due to the rapidly increasing number of hospitalizations from the coronavirus, state officials said.A state-mandated "regional stay-at-home" order goes into effect at 11:59 p.m. Sunday evening, triggered when intensive-care unit bed availability remained below 15% after Saturday's daily update, according to the California Department of Public Health.The 11-county Southern California region's available ICU capacity was 12.5% Saturday, a decrease from 13.1% the day before. The ICU capacity Sunday for the region was 10.3%. San Diego County had 19% of its ICU beds available as of Sunday.On Saturday, the county reported 30 new hospitalizations, bringing the total to 4,836. Four more patients were placed in intensive care, bringing the total to 1,065.The Southern California region consists of San Diego, Orange, Los Angeles, Riverside, Imperial, Inyo, Mono, San Bernardino, San Luis Obispo, Santa Barbara and Ventura counties.The stay-at-home order will be in place for three weeks and will bar gatherings of people from different households. Regions will be eligible to exit from the order on Dec. 28 if ICU capacity projections for the following month are above or equal to 15%.San Diego County reported 1,703 new cases of COVID-19 and seven additional deaths Sunday.That brings the total number of cases to 92,171 and 1,062 total deaths.County Supervisors Chairman Greg Cox said the three-week stay-at-home order was tough to take."There's no way around it," Cox said during a special Saturday briefing. "It stinks."But in recent weeks, the county has experienced a rise in the number of coronavirus cases, hospitalization rates and the use of ICU beds, Cox said."We know the timing could not be worse," because of the holidays, Cox said. "But we know better days are ahead," he added, referring to the arrival of vaccines.Supervisor Nathan Fletcher said county residents are facing a tough situation."But COVID-19 is a tough virus," Fletcher said. "This is the toughest fight we've had to face during the pandemic. But hope is on the horizon with a vaccination, but it's not here now."Fletcher said the county faced an unprecedented situation."We don't have a choice," Fletcher said. "It is a deadly pandemic that is ravaging our community."San Diego's outgoing Mayor Kevin Faulconer tweeted, "Our small businesses aren't being treated fairly. Restaurants made good faith efforts to comply with COVID rules. Now the rules are changing once again. If the Governor shuts restaurants down, it's only right the state compensates them for the costs incurred moving outdoors."Supervisor Jim Desmond attacked Newsom's approach."This 'regional' approach is absurd," Desmond said in a statement. "We are being lumped into the `Southern California' region with jurisdictions as far as San Luis Obispo and Mono County. And, San Diego County is at 23% capacity, well above the 15% requirement."If you count our available overflow ICU beds then we are at 36% capacity. I was hopeful when the governor announced he was focusing on ICU and hospital capacity, however, he's missed the mark, once again. The governor and state did not consult with San Diego County and unilaterally implemented a regional approach that unfairly puts people out of work. Again, San Diego did not have an opportunity to review and provide input and did not agree to this system."Under the order, the following businesses/recreational facilities will be forced to close:-- indoor and outdoor playgrounds;-- indoor recreational facilities;-- hair salons and barbershops;-- personal care services;-- museums, zoos, and aquariums;-- movie theaters;-- wineries;-- bars, breweries and distilleries;-- family entertainment centers;-- cardrooms and satellite wagering;-- limited services;-- live audience sports; and-- amusement parks.Schools with waivers will be allowed to remain open, along with "critical infrastructure" and retail stores, which will be limited to 20% of capacity. Restaurants will be restricted to takeout and delivery service only. Hotels would be allowed to open "for critical infrastructure support only," while churches would be restricted to outdoor only services. Entertainment production -- including professional sports -- would be allowed to continue without live audiences.Some of those restrictions are already in effect in select counties.California has grouped its counties into five regions: The Bay Area, the Greater Sacramento Region, Northern California, the San Joaquin Valley and Southern California.The state reported Sunday that the Bay Area's ICU capacity is at 24.1%, Greater Sacramento at 18.2% and Northern California at 26.5%.The San Joaquin Valley will join the Southern California region in the new shutdown protocol Sunday night, as its ICU capacity dropped to 6.6% on Sunday. It was at 8.6% on Saturday.The state's full stay-at-home order can be read online here. 5023

SAN DIEGO (CNS) - The aircraft carrier USS Theodore Roosevelt will change its home port from San Diego to Bremerton, Washington, ahead of scheduled maintenance slated for next summer, the Navy announced Wednesday.The ship, which is currently deployed in the Western Pacific, will enter Puget Sound Naval Shipyard for scheduled maintenance known as docking planned incremental availability, or DPIA.Lt. Travis Callaghan said the maintenance required to maintain the Nimitz-class carrier's service life is more involved than what can be done pier- side in San Diego. DPIA involves putting the ship in drydock and will require facilities, equipment and personnel available in Bremerton, Callaghan said.The carrier recently resumed its scheduled deployment in the Indo- Pacific after spending months docked in Guam due to the widespread COVID-19 outbreak aboard the ship.The ship originally departed San Diego on Jan. 17 for a deployment, but was diverted to Guam on March 27 when the outbreak took hold, ultimately infecting more than 1,100 sailors, and killing one, Chief Aviation Ordnanceman Charles Thacker, 41.Navy officials said the carrier now operates with a new COVID-19 standard operating procedure, which modifies how crew members move through the ship, expands meal hours and establishes new social distancing procedures. 1337

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