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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 Del Mar Thoroughbred Club announced new and enhanced safety protocols for horses and jockeys Wednesday which will be in effect for the Del Mar race track's 80th racing season which begins July 17.The initiatives include a mandate for a five-person review panel to analyze each horse's racing, medical and training history to ensure each horse is safe to race and a ban on the use of nonsteroidal anti-inflammatory medication fewer than 48 hours before a race or a workout. Previously, NSAIDs were allowed up to 24 hours before a race or workout.The approximately 1,850 horses stabled at Del Mar will also be subject to increased random testing and analysis, veterinary observation and stable security measures to make sure horses are jockeys are following track rules.Riding crops will be prohibited during morning workouts and could be restricted further as the track continues consulting with the California Horse Racing Board and the Jockey's Guild.RELATED: What you need to know about Opening Day at the Del Mar RacetrackIn addition to its enhanced safety protocols, the DMTC announced the creation of an advisory committee of trainers, veterinarians, jockeys, racing surface maintenance experts and track management to continually discuss how to make Del Mar as safe as possible.``Del Mar continues to strive to provide the safest environment possible for our equine and human athletes for both racing and training,'' said DMTC CEO Joe Harper.``We have a responsibility to implement the best practices for safety and welfare and the further responsibility to educate the public about these practices and about the extraordinary levels of care provided to our equine athletes.''The club announced the increased safety measures at a time when horse racing is under unprecedented criticism from animal rights activists. Gov. Gavin Newsom signed a bill last week allowing the CHRB to suspend racing licenses and race days at Santa Anita Park in Arcadia without public notice due to an unprecedented wave of horse deaths and fatal injuries at the track.A total of 30 horses died during Santa Anita's racing season, which ran from Dec. 26-June 23. The deaths led to calls for increased safety measures and an indefinite closure of the track while state officials investigate the cause of the deaths.The DMTC dealt with a similarly deadly racing season in 2016, when 17 horses died during Del Mar's racing season. After remaking its dirt track with the help of race track consultant Dennis Moore and implementing additional safety measures like adding a radiology and ultrasound facility along the track's backstretch, only five horses died during Del Mar's 2017 season and six during its 2018 season.After instituting the changes, Del Mar has been rated one of the safest horse racing venues in the U.S., tallying only 0.79 horse deaths per 1,000 starts last year, according to the Jockey Club Equine Injury Database. According to the DMTC, the national average was 1.68 among tracks that reported their fatal injuries.``Significant thought, due diligence and stakeholder input went into the crafting of the reforms we are implementing this summer,'' said Tom Robbins, the DMTC's executive vice president of racing and industry relations.``All of us recognize our responsibility to ensure the safety and welfare of the horses that race and train here. We are very appreciative of the cooperation from industry stakeholders including our owners and trainers.''The Del Mar Thoroughbred Club is scheduled to begin its summer season July 17 and continue through Sept. 2. Races will be held Wednesday through Sunday each week with a sixth day of racing during the season's final week. 3708

SAN DIEGO (CNS) - The county's E. coli outbreak involving children who attended the San Diego County Fair and did not wash their hands after visiting the animal exhibits stands Friday at 11 confirmed or probable cases, one of which was fatal, health officials said.County health officials have tracked E. coli cases related to the fair since June 28, when the Health and Human Service Agency announced that it had received reports of four confirmed or probable cases of the bacteria.The fair shuttered its animal exhibits the same day, after 2-year-old Jedidiah Cabezuela's death was reported, and the fair closed for the year on July 4.RELATED: Health officials report 2 new probable E. coli cases possibly tied to San Diego County Fair animalsAs of Wednesday, the number had increased to 10 confirmed cases and one probable case, all of which involve children ranging in age from 2 to 13. The county did not disclose the age or gender of the four new cases confirmed this week, but said all of the patients visited the fair's animal exhibits and petting zoos.People can avoid contracting the bacteria by thoroughly washing their hands after making contact with animals at places like farms, petting zoos and fair exhibits. Young children, older adults and people with weak immune systems are at particular risk, according to health officials.The HHSA and the California Department of Food and Agriculture collected environmental samples at the fair after the first cases were reported to confirm the bacteria's origin. However, results of the collected samples were not available prior to the fair's closure and have yet to be disclosed.County health officials repeatedly cautioned that more confirmed cases were likely despite the fair's closing due to local doctors intentionally looking for symptoms of the bacteria and its multi-day incubation period. As such, the county has not indicated that the cases are part of a larger, countywide outbreak linked to common causes like contaminated produce.While most people who contract the E. coli bacteria do not develop severe complications, roughly 5 to 10% of those who do can develop a potentially life-threatening kidney infection. Symptoms do not appear for three to four days after contraction and can include severe abdominal cramps, watery or bloody diarrhea and vomiting.Residents should promptly contact their doctor if they believe they have contracted E. coli, according to the county. 2455

SAN DIEGO (CNS) - San Diego Humane Society officials reached out to the public Monday for help in finding whoever abandoned a gravely malnourished dog in Pacific Beach last week.The dog, a 3-year-old shepherd mix, was abandoned near Campland on the Bay, off Pacific Beach Drive, on or around last Monday, according to the San Diego County Humane Society. A good Samaritan found the "severely emaciated" dog Tuesday afternoon by the Kendall-Frost Mission Bay Marsh Reserve, near Pacific Beach Drive and Olney Street.The good Samaritan immediately sought veterinary care for the dog, but it was euthanized because of failing organs, according to the humane society. Veterinarians determined the dog was in such a deteriorated state that he could not have made it by himself to the location he was found -- meaning he was abandoned there."This is absolutely heartbreaking and completely unnecessary," said Humane Law Enforcement Chief Bill Ganley. "The necropsy revealed socks, a washcloth and a stuffed animal inside this dog's stomach. San Diego Humane Society is here to help, and to learn this poor dog was left to die in this state just a few miles from our doorstep is unfathomable."Anyone who needs help caring for their animal can contact the San Diego Humane Society. The nonprofit organization is an open-admission shelter, meaning it will never turn away an animal in need.Anyone who may have seen the person or persons who abandoned 3-year-old shepherd mix dog is urged to call Crime Stoppers at 888-580-8477 or the San Diego Humane Law Enforcement unit at 619-299-7012 (then press 1). Tipsters can remain anonymous and could be eligible for a reward up to ,000. 1681

SAN DIEGO (CNS) - San Diego State University reported 23 new student cases of COVID-19 Sunday, bringing the total number of cases to 621 since the fall semester began Aug. 24.University officials said they were aware of 617 confirmed cases among students and four probable cases.The university has not received any reports of faculty or staff who have tested positive since fall instruction began, SDSU health officials said.The majority of the 621 cases are students living off-campus in San Diego. About 75% of students testing positive live in off-campus housing not managed by the university, with 73% of the cases among the freshman and sophomore classes, officials said.The university said the information is based on cases reported to Student Health Services by an individual or by a public health official."As more private labs administering tests, a possibility exists that not all cases are being reported to Student Health Services," according to the SDSU COVID-19 website. "Anyone who receives a positive COVID-19 test should fill out the SDSU's online COVID-19 reporting form."For privacy reasons, SDSU does not report names, affiliations or health conditions of students, faculty or staff who test positive for COVID-19 unless a public health agency advises that there is a health and public safety benefit to reporting such details."The university will also not disclose the specific location of the individual who was infected for privacy reasons and also because avoiding the physical location does not inherently lower a person's risk of infection; maintaining healthy practices such as physical distancing, wearing a facial covering and washing your hands are the best methods to lower your risk," according to the website.The university extended its stay-at-home order for students, directing them to stay in their current residences, except for essential needs, through 9 a.m. Monday. Violations of the order may result in disciplinary action, the college said.Luke Wood, SDSU's vice president for student affairs and campus diversity, said the university was working with a security company to enforce public health code regulations. 2163