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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) - San Diego Unified School District officials announced they were making preparations to get children back in schools, but were looking at a timeline of "months, not weeks," before that could become a reality.The district will adopt strict new standards to protect students, staff and the community from the spread of COVID-19 when schools convene in person again, District Superintendent Cindy Marten said during a news conference Monday. The measures are being adopted and developed in consultation with experts from UCSD.In the meantime, the district will begin classes remotely this month.Conditions for reopening local schools will be stricter than state standards, will proceed in phases and will require critical protective measures including mandatory masks, proper ventilation and strict social distancing, according to district leaders.State standards for reopening schools already require a seven-day testing positivity rate of less than 8% and other factors, but the panel convened by San Diego Unified called for adding contact tracing metrics and other factors included in the County of San Diego's designated health triggers."We consulted with the world's leading experts on all aspects of this pandemic because we wanted a comprehensive set of standards to create the safest possible environment for our students and staff," said Dr. Howard Taras, UCSD professor and consulting pediatrician for San Diego Unified. "The strength in these new standards comes precisely from this combination of factors. Taken together, they represent the strictest reasonable conditions for safety when operations eventually resume."According to Taras, San Diego Unified would not consider reopening campuses to in-person study until San Diego County reports fewer than seven community outbreaks of COVID-19 in the previous week and the illness showing up in rates fewer than 100 per 100,000 over the previous two weeks, among other metrics.Marten said the district has purchased more than million in personal protective equipment and has received some 200,000 masks in child and adult sizes from the state, along with 14,000 bottles of hand sanitizer. All schools, Marten said, will follow the strict standards for reopening advised by the UCSD experts. Masks will be required for all students and staff on San Diego Unified campuses."The COVID-19 crisis has radically changed every part of our lives, and schools are no different. We must adapt to this new reality because it may be with us for years to come. That is why we are taking every step necessary to reopen in the safest, most responsible way possible," Marten said. "The fact our country has just passed another grim milestone in the history of this disease -- more than five million confirmed cases, makes it clear this is not yet the right time to begin a phased reopening, but our schools will be readywhen that time comes."President of the San Diego Education Association Kisha Borden agreed with the decision to start the new school year online."We want to get back into our classrooms with our students and we need the support of the entire community to do the right thing by wearing masks, avoiding gatherings, and listening to the science," she said. "The scientific community has made it clear there are no shortcuts on the road to safely reopening schools. We have a long road ahead of us, but we're doing the right things to keep everyone safe."Taras noted that while these guidelines were made using the best information available at the time, they were designed to be flexible with ongoing science on the spread and prevention of the pandemic."Whatever our experts say, it may change in three weeks," he said. 3711

SAN DIEGO (CNS) - The CEO of a La Jolla-based financial services firm pleaded guilty Wednesday to defrauding shareholders, falsifying tax returns and operating an unlicensed money services business.David Nava, head of Surf Financial Group LLC, worked with others to convert publicly traded companies' debt into unrestricted stock under false pretenses, and then sold the stock, despite being banned since 1994 by federal securities regulators from taking part in the securities industry, according to federal prosecutors.Prosecutors say Nava, 62, directed others to write fraudulent attorney opinion letters that facilitated removing restrictions on stocks so they could be sold, in circumvention of the U.S. Securities and Exchange Commission's regulations on the offer and sale of securities.The Department of Justice said brokerage firms cleared the sale of shares of the restricted stocks on the basis of those letters, allowing Nava and others to sell millions of shares, then move the proceeds into bank accounts under his control.In addition to his plea to a federal count of conspiracy to commit securities fraud, Nava also pleaded guilty to operating an unlicensed money transmitting business, which he used to move millions of dollars in financial proceeds, and a tax fraud count for falsifying federal tax returns from 2014 to 2016, in which he underreported Surf Financial's profits in order to conceal his true income and tax liability, according to the Department of Justice.Sentencing is slated for Jan. 8 in San Diego federal court. 1556

SAN DIEGO (CNS) -- San Diego Gas & Electric residential customers will see their electricity bills reduced by .28 in both August and September thanks to a climate credit program.Designed to fight climate change, the California Climate Credit will come from a state program that requires power plants, natural gas providers and other large industries that emit greenhouse gases to buy carbon pollution permits. The credit on customers' bills is their share of the payments from the state's program."This bill credit provides some financial relief at a critical time when many people need it due to the COVID-19 economic crisis and summer weather driving up energy use," said Scott Crider, SDG&E's vice president of customer services.Originally, the credit was scheduled to appear on customer bills in April and October. To help reduce bill spikes in the summer, when energy usage typically goes up along with the temperature, SDG&E successfully petitioned the California Public Utilities Commission to change the timing of the credit to August and September -- the months when air conditioning use typically peaks.There is no action required to receive the credit. All residential customers, including community choice aggregation customers, will automatically receive this credit from SDG&E on their August and September billing cycles.Residential customers with natural gas service received the natural gas portion of the California Climate Credit -- .11 -- in April. In 2021, the electric and gas credit will follow the same schedule as this year. 1579

SAN DIEGO (CNS) - San Diego County public health officials confirmed 279 new COVID-19 cases and one additional death Sunday, increasing the region's totals to 46,610 cases and 776 fatalities.The one death was a woman in her late 70s who had an underlying medical condition.One new community outbreak in a business was confirmed as of Saturday. From Sept. 20 to Sept. 26, 18 community outbreaks were confirmed. The number of community outbreaks remains above the trigger of seven or more in seven days.The county reported 8,550 tests as of Saturday and the percentage of new laboratory-confirmed cases was 3%.The 14-day rolling average percentage of positive cases is 3.3%. The target is less than 8%. The seven-day daily average of tests was 8,483.San Diego State University reported 25 new cases of COVID-19 on Sunday, bringing the total number of cases to 1,072 since Aug. 24, the first day of instruction for the fall semester.The new totals reported by Student Health Services reflect numbers as of 6 p.m. Saturday.Of the students living on campus, 385 have tested positive and students living off campus totaled 666 positive cases, health services said. A total of eight faculty or staff members have tested positive and 13 "visitors," people who have had exposure with an SDSU-affiliated individual, have tested positive.The number of confirmed cases was 1,030, with 42 probable cases.The information is based on cases reported to Student Health Services by an individual or by a public health official. As more private labs are administering tests, there is a possibility that not all cases are being reported to Student Health Services.Of the total number of cases in the county, 3,497 -- or 7.5% -- have required hospitalization and 816 -- or 1.8% of all cases -- had to be admitted to an intensive care unit.Under state monitoring metrics, San Diego County is currently in the second tier, or the red tier. The county's state-calculated, adjusted case rate is 6.9 per 100,000 residents. The testing positivity percentage is 3.8%.The California Department of Public Health will assess counties' status with its next report scheduled for Tuesday. 2162