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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 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 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) - The San Diego County Board of Supervisors voted 4-1 today to request guidance from the state on allowing resumption of several activities, including private planned events, wedding receptions, hotel conferences, street fairs and team competitions.In a letter to be sent to Gov. Gavin Newsom, the county will also seek guidance on reopening playgrounds.Supervisor Jim Desmond made the proposal after the board was updated on the county's efforts to contain the spread of the coronavirus.Any reopening of those industries, he and other board members said, would only happen with the blessing of Dr. Wilma Wooten, the county's public health officer.He added that while the county must take note of an uptick in community outbreaks, it ``can't have a blanket stop on the economy.''``Maybe, by the time Newsom responds, there will be more time to review this. I want to be prepared with this next group of businesses,'' Desmond said.Because it takes months to plan certain events, such as weddings, planners ``will lose this entire season otherwise,'' Desmond said. ``We have one (board) meeting scheduled for July, and I'm trying to be ready if the numbers look good.''The supervisors also heard from numerous people employed in the private events industry, who urged the board to let them resume. Many said they have safety protocols in place, and would be able to provide lists for contact tracing if necessary.Wooten told the board that as of now, ``we couldn't recommend any opening in the next week or next couple of weeks, in terms of opening up broad industries, if (community) outbreaks continue.''``If we're above seven community outbreaks, it would be ill-fated'' to make such recommendations, she said.Another three community outbreaks were reported Monday by county health officials, raising the number reported in the last week to 10 -- the most in any week's span since the pandemic began in early March.Supervisor Nathan Fletcher cast the dissenting vote on the motion. The county ``has hit the community outbreak `trigger' for six consecutive days and recent days have generated not only the highest reporting of new COVID cases but also a doubling of the percentage of total tests being positive,'' Fletcher said after the vote. ``Given these facts, it is reckless and irresponsible to propose expedited reopening of additional in-door close contact group gatherings without any restrictions on the number of attendees.'' 2460

SAN DIEGO (CNS) - The Board of Supervisors today voted unanimously to make San Diego County's million Small Business Stimulus Grant program available to all businesses affected by COVID-19 safety restrictions.Supervisors voted to expand the small business relief program via teleconference after hearing an update on the county's efforts to combat the spread of the virus as well as information about future vaccine distribution.They also heard from numerous businesses owners angry over the newest state restrictions mandated by Gov. Gavin Newsom.The restrictions, which went into effect at 11:59 p.m. Sunday, were triggered when intensive-care unit bed availability remained below 15% afterSaturday's daily update, according to the California Department of Public Health. New infections and hospitalizations from the coronavirus have surged in San Diego County, which reported its third-highest daily total of COVID-19 cases on Monday with 1,998.It was the seventh consecutive day with more than 1,000 new cases and the 15th time in the last 18 days. A record 2,287 infections were reported Friday. The cases reported Monday bring the county's cumulative total to 94,169.No new deaths were reported Monday with the total remaining at 1,062. The county has received nearly 0 million in federal CARES Act funding to help residents and businesses since the pandemic started earlier this year.Supervisor Nathan Fletcher, who proposed expanding the business aid, said he understands the impact a regional stay-at-home order has on business owners, and ``expanding this economic stimulus program will provide bridge funding to support them and their workers while the restrictions to slow the spread are in place.''Fletcher, who also serves as co-chair of the county's COVID-19 subcommittee, added that he understands people are frustrated by restrictions, but ``when we go from 200 to 2,000 cases a day, we have to change what we're doing.''Dr. Wilma Wooten, county public officer, told the board that the state of California is anticipating 327,000 doses of a COVID vaccine in mid December, with San Diego County expected to receive 28,275 doses in the state's first round of distribution.``I'm encouraged that our way forward will be seen with vaccinations to (create) herd immunity,'' she said. As she has at other county meetings, Wooten again urged residents to follow guidelines, including washing hands and maintain social distancing.``We can flatten the curve again,'' she said. ``We can come out of this in a way that saves lives.''Many residents who called in during the update's public comment period voiced their frustrations over how the restrictions are harming them, their families and businesses. Along with business closures, the restrictions also apply to certain outdoor facilities, including playgrounds.Paula Steger, co-owner of Artistic Laser Productions, said while it's important for everybody to wear a mask and wash their hands, it's also `` time to go about your daily lives.''She said her business lost ,000 worth of contracts because of restrictions.``I was 7 when the Hong Kong flu hit,'' Steger said. ``The world didn't shut down then, and we got through it. I'm done. I'm going to work wherever I can in a COVID-safe manner.''Dr. Holly Yang, president of the San Diego County Medical Society, reminded residents that the fastest way to reopen the economy is to get the virus under control.``We are at a critical moment -- the majority of the county is doing the best it can to reduce spread of the virus,'' Yang said.A motion by Supervisor Jim Desmond that would allow certain county staff not to enforce closure of playgrounds failed. ``This is for our kids,'' who have a much better tolerance towards the coronavirus, said Desmond, board vice-chairman.His colleague Dianne Jacob said she'd also like to see the playgrounds opened up, but it would be irresponsible of the county to defy state orders.``Whether we like it or not, that's what exists,'' she said. ``Otherwise, that encourages civil disobedience.'' If more residents had complied with basic prevention guidelines, the county wouldn't be dealing with case spikes, Jacob said, adding, ``Just wear the damn mask.''Board Chairman Greg Cox said he was also sympathetic to Desmond's motion, but couldn't support it. Cox said he disagrees with portions of state mandates, but the county is ``in a crisis situation,'' which may get much worse before the start of 2021. 4471