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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 City Council declined to report details of its closed-door discussion Tuesday on a draft appraisal of price and payment terms for the city's potential sale of the SDCCU Stadium site to San Diego State University.The council met in closed session to discuss the undisclosed terms of the appraisal with its negotiating team, composed of officials in various city departments and the city attorney's office. Both the city and SDSU have expressed an intent to exchange the property for "fair market value," but what that entails remains opaque.D.F. Davis Real Estate estimated the fair market value of the site sits at .2 million, according to documents.The city is currently in the process of selling a 132-acre parcel of land to SDSU as the university intends to redevelop the parcel, which includes SDCCU Stadium, into a 35,000-seat stadium to be primarily used by the university's football team, a satellite campus, a park along the San Diego River and commercial and residential space.After the closed session, City Councilwoman Barbara Bry called for the draft appraisal to be released to the public and for all future discussions of the sale to take place in an open session."It is now time for SDSU to make an offer which honors the terms of Measure G and the promises that were made during the campaign," Bry said in a statement. "This offer should include a commitment to building the river park and designing a transit-dependent development."City officials have also noted their concern over certain elements of the project's draft environmental impact report, such as the university's analysis of how the project will affect traffic patterns in Mission Valley. The council must approve a final version of the report prior to completing the sale.On Monday, the Friends of SDSU, a group of university alumni and community members, called on the city to accept the appraisal without changes, arguing that the project would be transformative for the city and SDSU will be a good steward in overseeing the land."Introduction of extraneous considerations that are inconsistent with the provisions of voter-approved Measure G or are outside the mutually agreed-to guidelines for the appraisal could substantially delay or threaten altogether the successful transfer of this property," Friends of SDSU wrote in a letter to Mayor Kevin Faulconer and the council.San Diego voters approved the plan, then known as SDSU West and now dubbed SDSU Mission Valley, last November. Since then, the university has selected two firms to oversee the planning and construction of the future stadium and campus while negotiating the sale with the city.On the project's current timeline, university officials expect the California State University Board of Trustees to consider approving a draft environmental impact report on the SDSU West plan early next year. The university expects to break ground on the project in early 2020 and complete the redevelopment in its entirety by the mid-2030s. 3022

SAN DIEGO (CNS) - San Diego County health officials have reported 2,416 new COVID-19 infections and 11 new deaths, marking 107,372 total cases and 1,162 deaths.Sunday marked the fifth consecutive day that more than 2,000 new cases were reported, with 2,490 cases reported Saturday, 2,867 cases -- a record - - reported Friday, 2,050 reported Thursday and 2,104 Wednesday. It is also the 13th day with more than 1,000 new cases. It is just the sixth time the daily cases have crossed 2,000 -- all of which have come in the past week.Of 25,274 tests reported Saturday, 10% returned positive.The number of hospitalizations also continued to rise, with 39 people hospitalized and 11 patients put in intensive care units.The county's hospitals have 16% of their ICU beds available, down from 21% Thursday. The state now estimates the ICU bed availability in the 11- county Southern California region at 4.2%, down from 7.7% on Thursday.In the San Joaquin Valley, only 1.5% of ICU beds are available. The Greater Sacramento region has 15.1% of ICU beds available and the Bay Area has 16.7%, with Northern California at 29.0%The county has seen a 199% increase in COVID-19 related hospitalizations in the past 30 days and a 148% increase in ICU patients in the same time frame. The previous peak in hospitalizations, in mid-July, topped out around 400 patients.Seven new community outbreaks were reported Saturday. A community setting outbreak is defined as three or more COVID-19 cases in a setting and in people of different households over the past 14 days.Meanwhile, doses of the Pfizer vaccine began shipping out from a Michigan facility Sunday bound for Southern California distribution centers and other locations in the United States.The Naval Medical Center in San Diego and the Naval Hospital in Camp Pendleton should receive doses of the first coronavirus vaccine this week, the U.S. Department of Defense said.San Diego military officials could not be reached for comment on the exact timing of the vaccine's arrival at the two naval hospitals.The head of the U.S. Centers for Disease Control signed off on the recommendation of an advisory committee Sunday, officially permitting the vaccine to be administered in the United States. It is said to be 95% effective in preventing the coronavirus.Army Gen. Gustave Perna of Operation Warp Speed told reporters Saturday that UPS and FedEx would be delivering the vaccine to nearly 150 distribution centers across the country. 2485
SAN DIEGO (CNS) - San Diego Mayor Kevin Faulconer announced Tuesday that gyms and places of worship would be able to use San Diego's parks to conduct operations outside beginning Monday morning.City Councilman Chris Cate proposed the idea in mid-July, and the San Diego County Board of Supervisors approved a similar ordinance for county parks on Aug. 5.Faulconer said lack of guidance from the state -- even as the city and county expects to learn more Tuesday about possibly being removed from a state watchlist monitoring counties with high prevalence of COVID-19 -- prompted the action."There is no direction currently from the state of California about what a county can and cannot do once it sheds the watchlist designation," he said. On Friday, myself and Supervisor [Greg] Cox sent a letter to the governor asking for direction.San Diego County was placed on that state watchlist by Gov. Gavin Newsom's office for testing higher than 100 positive COVID-19 cases per 100,000 people in the county. The county has been below that number for six days now and is expected to be removed from the list Tuesday. What that means is unclear.Per Faulconer's executive order, San Diego's more than 300 parks, 26 miles of shoreline and 57 recreation centers could be used for gyms, fitness classes and worship services starting Monday. Social distancing and face coverings are still encouraged, but Cate said this could help struggling businesses."Mayor Faulconer's executive order will allow gyms, such as Hardcore Fitness, to bring their physical fitness classes to our city's parks," said Cate, chair of the City Council's Economic Development and Intergovernmental Relations Committee. "Opportunities like this will allow our gyms and churches the ability to welcome back their customers and parishioners in a safe manner."The directive defers park permit fees for 60 days. Faulconer will bring an ordinance to the council once it is back in session in September that would make the waiving of fees permanent.Faulconer made the announcement at Mira Mesa Community Park. Joining him were Cate, the city Park and Recreation Department Director, the Mira Mesa Chamber of Commerce, and the owner of Hardcore Fitness on Miramar Road.It was Faulconer's third executive order allowing for some businesses to operate outside. Previously, he had allowed for some retail and restaurants, and subsequently for gyms, barbershops, hair salons and massage businesses to expand to sidewalks and private parking lots."As San Diego continues to navigate the ever-changing rules regarding doing business during this pandemic, we must become more creative at every turn," said Bari Vaz, president of the Mira Mesa Chamber of Commerce. "This executive order will allow residents to continue participating in fitness classes and sharing their faith, until such time as we may safely return to the indoor venues."Outdoor religious services and outdoor fitness classes and camps are all eligible under the executive order. Businesses must display their San Diego County safe reopening plan, hold insurance naming San Diego as an additional insured, and have a city business tax certificate prior to August 1, 2020. New permits will be available on a first-come, first-served basis for each park depending on the local demand and total space available. 3335
SAN DIEGO (CNS) - Scorching heat is expected everywhere except the coast in San Diego County Friday and a brutal stretch of temperatures is not expected to relent until the middle of next week, according to the National Weather Service.Building high pressure over the southwestern United States will usher in scorching temperatures for the next five to six days, with the peak of the heat expected Friday through Monday, forecasters said.The NWS issued an excessive heat warning that will be in effect from noon Friday to 9 p.m. Monday in the county valleys, mountains and deserts.LATEST 10NEWS WEATHER FORECASTThe NWS urged residents to drink plenty of fluids, stay out of the sun and check up on relatives and neighbors. Also, children and pets should be never be left unattended in a vehicle, with car interiors able to "reach lethal temperatures in a matter of minutes," according to the NWS.High temperatures Friday are forecast to reach 86 degrees near the coast, 96 inland, 100 in the western valleys, 106 near the foothills, 103 in the mountains and 120 in the deserts.Highs in the county deserts are expected to remain around 118 through Wednesday, according to the NWS. The mercury in the western valleys is forecast to top out in the low-to-mid 90s through Wednesday as well, while highs near the foothills will remain in the mid-to-high 90s through at least Thursday.Borrego Springs set a high temperature record on Thursday, according to the NWS. The city recorded a high of 117, eclipsing its previous mark for the date of 114 in 2012.San Diego County has nine cooling centers available countywide with mandatory mask wearing and social distancing protocols in place. Click here for more information on the county's Cool Zones 1748
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