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SAN DIEGO (KGTV) - The father accused of causing a condo fire in Rancho Bernardo that killed his two children appeared in court Tuesday afternoon for a preliminary hearing.Henry Lopez is accused of passing out drunk with a lit cigarette, setting his condo on fire last October.His children, 10-year-old Cristos and 7-year-old Isabella, were in the home at the time and suffered smoke inhalation. Both children died as a result of their injuries.Lopez was also burned in the fire and hospitalized for some time.One witness told the court Tuesday he heard a female screaming at the scene, but the screaming stopped.RELATED: Father charged after children killed in fireHenry Lopez' ex-wife Nikia Lopez testified the two were in the midst of a divorce. They shared joint custody of their children.  Lopez told the judge her former husband was an abusive alcoholic.She claims she had warned him previously not to smoke in the house around the children."He drank a lot. My goal was to keep it from the kids.  I would wake up in the middle of the night and throw away the bottles in the trash. I would pull him upstairs before the kids woke in the morning... sometimes I would have to clean up his throw up."  He’s not in custody because his defense attorney says he needs to be out to receive medical treatment for the burns he sustained during the fire.Prosecutors believe the fire started in his bed and ultimately spread to the rest of the home.  Investigators found discarded smoking materials and alcohol near the start of the fire.If there’s enough evidence against Lopez and the case goes to trial, he faces up to 14 years in prison for several felony counts including involuntary manslaughter and child endangerment.Lopez is not charged with intentionally starting the fire. 1809

SAN DIEGO (KGTV) - The autopsy of the driver who drove up an off-ramp the wrong way onto the 805 and slammed into an SUV holding a mother and her 12-year-old daughter was released Friday.READ RELATED:?Autopsy details mental state of McSkillet before deadly crash on Interstate 805 in San DiegoThe report states the death of Trevor Heitmann, 18, also known on YouTube as McSkillet, was accidental and he had no drugs or alcohol in his system during the time of the crash."I'm not doing good and bad is an understatement," Dominic Pizarro, 22, says the past two months has been a challenge each day.He lost his mother, Aileen Pizarro, 43, and sister, Aryana."It's interesting the fact he had nothing in his system, and I think it's much sadder in that aspect," Pizarro said at first read, the report angered him. Then, as he understood the context, his frustration disintegrated, concerned more with the fact Heitmann never got help. "I feel for the family in that case. He, you know, nobody should have to go through that."That, referring to the loss of someone integrated into the fabric of your daily life, "I would always try to go and make a phone call to mom about how my day went, which is what I would do when I was away at training for the Air Force. I would call my family and let them know how my day is going, and that took a while to learn I can't do that anymore," he said. Throughout the interview, he was strong and stable, never shying away from a question or getting emotional.He said each day he fights a battle, whether it's just getting up in the morning, or something reminding him in the middle of his day that they're never coming back.He is back at school, studying for his Master's Degree, and taking what happened to him as a way to give back, "we're trying to do a scholarship in my sister's honor for musicians."The Aryana Pizarro Music Scholarship will help talented kids, like his sister, get the funding they need to perfect their art.Dominic said because of his deep faith, friends, and family, he's been able to push forward. He hopes others can find peace in the faith he's grown."I think people easily either choose like you said to do something selfish or to give up and I don't want people to give up, I, I, giving up is too easy... [surviving] is worth it." 2352

SAN DIEGO (KGTV) - The City of San Diego is one step closer to approving the 6.5M purchase of two hotels to permanently house homeless people living in the convention center.When the pandemic hit in March, the Bridge Shelters and Golden Hall were cleared out and about a thousand people were brought into the convention center, according to the mayor's office.The emergency setup allowed for proper social distancing, and resources to request PPE and other supplies.The convention center will be emptied in December to prepare to open for events when it is safe.Since the pandemic, downtown has looked different according to Marshall Anderson, Vice President of Government Affairs with the Downtown San Diego Partnership."I would encourage all of you to walk around downtown so you can see just about how safe and livable it is at the moment ... For too long has downtown acted as the region's homeless shelter. It's nice to see another neighborhood bearing some of the responsibility for sheltering some of our most vulnerable," he said.The city plans to buy two Residence Inn hotels, one in Kearney Mesa, the other in Mission Valley. Together the hotels could house about 400 people and support tenants who are accessing services for mental health and substance abuse issues.During the city's Public Safety and Livable Communities Committee Meeting Wednesday, Mission Valley neighbors voiced their complaints."It's a bad idea, I am absolutely opposed to this project," a man who has lived in Mission Valley for 30 years said."My real concern is obviously the safety of my community but also the safety of the potential residents ... I am just opposed to this idea because it doesn't seem practical for the city and I feel like it opens the city up to a lot of liability in terms of motorist versus pedestrian accidents," a woman living in the same neighborhood added. She is concerned there is not enough transit or pedestrian infrastructure in the area.The people who would move into the hotels, according to the mayor's office, are stable and already accessing services for mental health and substance abuse. The office added there are already similar units in the area.The committee passed the plan to purchase the hotels and the item will go before the full city council on Oct. 13. 2299

SAN DIEGO (KGTV) - The aunt of a Marine who was rescued after an amphibious assault vehicle accident Thursday off the coast of San Clemente Island says he is recovering well.Catrina Tomamichel said her nephew Dallas, 22, drowned before his brothers in arms rescued him."They pulled him out of the water, my understanding is there is someone, I don't know their name but I want to say thank you, they gave him CPR," says Tomamichel.She said he was airlifted to the hospital and he's now recovering at Balboa Naval Medical Center. She said he is able to walk and already asking to go back to work. RELATED: Service members in deadly Southern California amphibious assault vehicle accident identified"God has just been amazing, it is nothing less than a miracle that he'd doing as well as he is," Tomamichel said, though she's concerned about the blood they found in his ears.He found out over the weekend nine of his comrades in the AAV did not make it out alive. "We don't know how he's doing since he learned that news, we are really concerned for him... It's pretty difficult to lose your family and they are family," says Tomamichel.Thursday night, five Marines were rescued after the training accident and are back on their assigned ship. Dallas and another Marine went to the hospital, a Marine was found dead and seven Marines and one sailor remained missing.RELATED: Safety examined after deadly Southern California amphibious assault vehicle accidentMarines, with help from the Navy and Coast Guard, searched more than 1,000 nautical miles. The Navy is using their Remote Operated Vehicle to continue the search for the AAV and the victims. The AAV is assumed to be about 1,500 meters offshore and 200 yards underwater.Officials announced early Sunday morning they are moving from rescue to recovery efforts for those missing. In a tweet, the First Marine Expeditionary Force said they, "mourn the loss of the 7 Marines and a sailor of the 15th MEU. To not have all the answers right now is heartbreaking." "We are devastated for them and we are praying for them," Tomamichel said. "We never thought that this would happen, but you know what? He told us months ago that if anything like this were to happen it was what he signed up for."RELATED: Camp Pendleton Marine dies, 8 missing in training accident off San Clemente IslandTomamichel said she is so thankful to San Diegans for their support during this incredibly difficult time. "People have brought meals, they've called, they've texted, they literally sat with them [Dallas's parents] and held their hand while they cried," she added.She said her sister, Christina, was flown out from Indiana to San Diego by the Marine Corps so she could be with Dallas during his recovery.RELATED: Missing Marines, sailor in Southern California training accident presumed deadThe family started a Gofundme for expenses to support her sister while she helps Dallas recover and said they wanted to shut it down after their goal was met. She said people kept reaching out asking her to let them "shower them with love and support."Tomamichel hopes this tragedy does not happen to anyone else.She said Dallas always wanted to go into the military and wanted to work for the Department of Defense his entire life. 3267

SAN DIEGO (KGTV) - The California Department of Alcohol Beverage Control (ABC) made changes making it easier for businesses to sell alcohol.This week, the agency made major changes allowing restaurants to sell beer, wine and pre-mixed drinks or cocktails for pick-up or delivery as long as it is sold with food and has a secured top.While the changes will help many business owners, some San Diego bar owners say the ABC needs to take a look at other parts of the law as well."I know my seven employees are hurting, and I am too," said Tony Raso of Bar Sin Nombre.Raso said when the statewide order came down to close, he did. He has bar food he can sell, but where his problem comes in is with the beer that's already on tap."My struggle has been with all of the draft beer," he said. "We're primarily a draft house, and most of my money is in draft inventory."According to the ABC's website, restaurants "selling beer, wine, and pre-mixed drinks or cocktails for consumption off the licensed premises may do so when sold in conjunction with meals prepared for pick-up or delivery. Any such alcoholic beverages must be packaged in a container with a secure lid or cap and in a manner designed to prevent consumption without removal of the lid or cap."Raso said while he appreciates the relaxed restrictions, he's still sitting on at least ,000 in kegs he can't sell."Allow us to repackage the beer from the taps," Raso said. "Allow us to drain the inventory that we already have tapped that's going to spoil and allow us to create some sort of revenue."In a statement to 10News, a spokesperson for the ABC wrote 1623