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SAN DIEGO (CNS) - San Diego Police Chief David Nisleit Tuesday promised a thorough investigation into allegations that one of his officers uploaded a social media post mocking a roadside memorial for a robbery suspect fatally shot three months ago by that lawman and a patrol partner.SDPD Officer Jonathon Lucas was immediately suspended without pay after the online image seemingly belittling the death of 25-year-old Leonardo Hurtado Ibarra appeared on Instagram last week, Nisleit told reporters during a mid-afternoon briefing at downtown police headquarters."I am shocked and disturbed by the reports of this officer's conduct," the chief said about the post, in which emojis of laughing and tearfully wailing faces were superimposed over a photo of the makeshift tribute to Ibarra at the site where he was shot."The officer's alleged actions fall short of the high standards I and our community have for the San Diego Police Department," Nisleit said.Late on the afternoon of June 27, Lucas and Officer Tevar Zaki opened fire on Ibarra, a suspect in a recent robbery, when he allegedly pulled a revolver from his waistband and pointed it at them as they approached him in the 1200 block of Sixth Avenue in the Core-Columbia district.Ibarra succumbed to his gunshot wounds in a hospital two days later.The shooting prompted demonstrations by protesters alleging a culture of excessive use of force and racial bias on the part of the San Diego Police Department.While condemning the antagonistic online posting Tuesday afternoon, the police chief offered a message to Ibarra's survivors."I want to apologize to the Ibarra family," Nisleit said. "This unnecessary act only reopens wounds during an already painful time."In addition to placing Lucas, a four-year member of the SDPD, on unpaid leave, Nisleit revoked his police powers pending completion of the in- house probe into the matter."I want to assure our community that I do not take these allegations lightly," the chief said. "Officers take an oath to protect and value all life. And ... I clearly understand this is a critical time in relationships between law enforcement and the communities that we serve. I want to send a clear message that this behavior is not acceptable in the San Diego Police Department and does not reflect the values of the men and women of this department."Nisleit also pledged to be "transparent with our findings" that result from the internal investigation, though he acknowledged that state law protecting the privacy of police personnel might prevent a full disclosure of any punitive actions -- including, potentially, job termination -- ultimately taken against the accused officer. 2689
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 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) - The San Diego Metropolitan Transit System and North County Transit District will host the region's third "Free Ride Day" Tuesday, making all fixed-route bus and rail services free for everyone to use throughout San Diego County, ensuring residents are able to reach their polling place and exercise their right to vote."Free Ride Day this year has a different purpose than in past years," said Nathan Fletcher, MTS Board Chair and San Diego County Supervisor. "We are holding it on one of the most important days for our country -- Election Day. We want San Diego residents to have every opportunity to participate in our democracy. Free transit rides all day long will help do just that."Free rides will be honored on all MTS and NCTD fixed-routes services including buses, the trolley, Sprinter and Coaster. MTS and NCTD services will operate on a normal weekday schedule.Passengers will not need a Compass Card or valid fare for either system, but face coverings will continue to be required on board all MTS and NCTD vehicles and at transit facilities. Services not included during the Free Ride Day promotion are Amtrak Rail 2 Rail, MTS Access and NCTD LIFT paratransit."North County Transit District is a proud supporter of Free Ride Day because it's critical to our agency's effort to promote transit ridership and improve air quality," said Tony Kranz, NCTD Board Chair and Encinitas Councilman. "However, NCTD is honored this year to provide transportation at no cost to our residents on Election Day. These rides will help bridge the gap between where people live and where they can cast their vote on November 3."According to the transit agencies, one reason for hosting Free Ride Day on Election Day is that transit can help bridge the gap between where a voter lives and where they need to vote.The San Diego County Registrar of Voters will have fewer polling places than in prior elections, so many voters will be required to drop off or cast their ballot at a different location than they did for the primary election in March. There will be 235 "Super Poll" locations, down from approximately 1,600 polling locations during the primary."Free Ride Day coinciding with Election Day elevates access for all of our San Diego voters to get to their assigned polling place," said Michael Vu, Registrar of Voters. "We encourage voters to do their homework if they plan to vote at their polling place. Double-check the location because it may have changed, wear a face covering and mark your sample ballot in advance to quickly fill in the official ballot at the poll."Both MTS and NCTD have implemented new cleaning and sanitizing protocols and practices on vehicles and at transit stations. Vehicles are thoroughly cleaned and disinfected daily with CDC-approved solutions for COVID- 19. Disinfectant is applied to all hard surfaces and common areas that are routinely touched or used such as seats, seat backs, fare boxes, driver controls, all handrails, walls, and windows. 3011
SAN DIEGO (CNS) - San Diego State will seek to extend its recent dominance over Pac-12 opponents when it plays at Colorado Saturday after both teams' original opponents couldn't play because of COVID-19 issues.The Aztecs are 5-1 against the Pac-12 since 2016, including victories over Stanford in 2017 and Arizona State in 2018, who were both ranked in The Associated Press Top 25, and UCLA last season, San Diego State's first over the Bruins after 21 losses and a tie.The game matches the Aztecs' defense that is third among Football Bowl Subdivision teams allowing 269.4 yards per game against the Buffaloes' offense, 12th in the FBS in scoring, averaging 41.5 points.Colorado is 2-0 under first-year coach Karl Dorrell, a 1982 graduate of Helix Charter High School in La Mesa.San Diego State's scheduled game Friday at Fresno State was canceled Sunday due to COVID-19 contact tracing within the Bulldogs' program. The Mountain West Conference declared the game a no-contest and has no plans to reschedule it, conference officials said Sunday.The Buffaloes' scheduled game at USC was canceled Thursday by the Pac- 12 and declared a no-contest because USC did not have the minimum number of scholarship players available at a specific position group as a result of a number of positive COVID-19 cases and the resulting isolation of additional players under contact tracing protocols.As a contingency, Colorado athletic director Rick George earlier this week coordinated with his counterpart at San Diego State, John David Wicker, for the Aztecs to visit Boulder in case the issues that had arisen with USC did not improve or worsened."It is unfortunate that our game at Southern California had to be canceled, but as we all continue to maintain, the most important concern we all have is the health and safety of our student-athletes, coaches and staff," George said."After the Pac-12 CEO's created some requirements for possible non-conference opponents to fill any vacancies created by cancellations, we moved earlier this week to find a possible opponent to replace the Trojans. When San Diego State's game at Fresno State was canceled for similar reasons, I spoke with John David and we put an agreement in place if USC could not play."The game will be the season's first non-conference game for a Pac-12 team.The Pac-12 announced Nov. 19 that its CEO Group approved non-conference games, reversing a previous decision. The conference set the following criteria for a non-conference football opponent to be scheduled by a Pac-12 football team:All Pac-12 testing and related protocols must be adhered to by the non-conference opponent;the non-conference game will in all cases be a home game for the Pac-12 team, broadcast by a Pac-12 television partner; andif a Pac-12 opponent becomes available by the end of day Thursday in any given week, the conference game must be played in lieu of any non- conference game.Scheduling the Aztecs (3-2) means the Buffaloes will not be idle on consecutive weekends. Their planned game last Saturday against Arizona State was canceled due to COVID-19 issues in the Sun Devils' program.San Diego State lost to Colorado, 34-14, in the only game between the two teams on Sept. 7, 2002, in Boulder. 3244
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