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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 Horses of Tir Na Nog equine sanctuary east of Alpine is inviting members of the public to join its monthly giving campaign and become a "Hay Hero."Donations support sanctuary operating expenses, including feed costs that exceed ,000 per year.The volunteer-driven nonprofit partners with the San Diego County Department of Animal Services to care for horses rescued from abuse, neglect or abandonment."By making a monthly pledge, our Hay Heroes are helping us meet our most basic commitment to provide our horses with a high-quality diet," Administrator Amy Pat Rigney said. "Hay Heroes can choose the amount of their monthly commitment. When feeding 58 equines, no gift is too small. Everything helps." The sanctuary is a nonriding facility, though the community is invited to meet some of the horses under care. The 15-year-old facility is named after an Irish legend about an old horse that becomes young again. 951

SAN DIEGO (CNS) - San Diego County reported 513 new COVID-19 infections and no new deaths Sunday, raising the region's total to 60,169 cases with the death toll remaining at 908.Local officials will find out Tuesday whether the county will sink into the most restrictive purple tier of the state's four-tiered COVID-19 reopening plan.State officials reported Wednesday that San Diego County had an unadjusted new daily coronavirus case rate of 8.7 per 100,000. The adjusted case rate had dropped to 7.4 per 100,000, above the baseline of 7, qualifying the state for the purple tier. Last week's unadjusted case rate was 7.8 per 100,000.According to the reopening plan, a county has to report data exceeding a more restrictive tier's guidelines for two consecutive weeks before being moved to that tier. A county then has to be in that tier for a minimum of three weeks before it may move to a less restrictive tier.San Diego County has been in the red tier for months, skirting but ultimately avoiding the purple tier, which would necessitate the closure of almost all indoor operations of nonessential businesses. Recent trends have shown a steady increase in infection numbers.If the county cannot drop its adjusted daily case rate below 7 per 100,000, indoor operations in locations such as restaurants, museums, places of worship, breweries and retail businesses will have to either close entirely, move to outdoor operations only or modify in other ways.In recent weeks, the region had an unadjusted rate well above the purple tier guidelines, but a significant effort to increase the volume of tests had allowed for an adjustment to bring it back to the red, or substantial, tier.Dr. Wilma Wooten, the county's public health officer, said retail operations, including indoor shopping centers, will be limited to 25% of building capacity, down from the current 50%. Schools, unless they have already restarted in-person learning, will be restricted to distance learning. K-12 schools already in session can continue, Wooten said."Cases are increasing in the region and it is vital that we take this virus seriously and recommit ourselves to the strategies that are proven to work," she said Thursday. "Wear a face covering when you go out in public, stay six feet away from others and avoid crowds and large gatherings."The county's testing positivity rate actually improved, declining 0.3% from last week to reach 3.2%, but remains high enough for this metric to remain in the orange tier.The state's health equity metric, which looks at the testing positivity for areas with the least healthy conditions, increased from 5.1% to 5.3% and entered the red tier. This metric does not move counties backward to more restrictive tiers, but is required to advance.The state data reflect the previous week's case data to determine where counties stand. The next update will be Tuesday. 2892

SAN DIEGO (CNS) - SeaWorld San Diego announced Friday that it reached a milestone in the construction of its ``dive'' roller coaster by installing the ride's highest section of track 153 feet above ground. The ``topping-out'' ceremony included a crane placing an American flag at the ride's highest section. The ride, slated to open next summer, is being built adjacent to the Journey to Atlantis attraction, on what had previously been a parking lot. Construction on the ride, advertised as the tallest, fastest and longest such coaster in the state, began in August. The park originally announced the ride in January with the name ``Mako'' after the endangered shark species, which is considered the fastest shark in the world. Park officials announced its new name, Emperor, last month, saying it would reflect the ability of emperor penguins to dive to depths of 1,800 feet in the waters of their native Antarctica. After the 153-foot climb, Emperor will plunge back down 143 feet while reaching speeds of more than 60 mph, according to SeaWorld. The ride will include nearly 2,500 feet of track, ``floorless'' cars that will hold 18 riders in three six-person rows and penguin conservation and awareness elements through a partnership with Penguins International. The ride is being built by Swiss roller coaster manufacturer Bolliger & Mabillard Consulting Engineers. The company has built four other roller coasters for SeaWorld since 1997, one in San Antonio and the other three at SeaWorld Orlando. 1518

SAN DIEGO (CNS) - San Diego County public health officials reported 603 new COVID-19 cases and nine additional deaths Saturday, raising the region's totals to 26,701 cases and 533 deaths.Officials said five men and four women died between July 11 and July 24 and their ages ranged from 60 to 93. All but one had underlying medical conditions.The county reported a record 16,429 diagnostic tests Friday, 4% of which returned positive. The 14-day rolling average of positive tests is 5.8%. The target set by California is less than 8%. The 7-day daily average of tests is 9,406.DATA: San Diego County coronavirus case trackerOf the total positive cases, 2,364 -- or 8.9% -- required hospitalization and 606 -- or 2.3% -- were admitted to an intensive care unit.One new community setting outbreak was reported Friday in a business. In the past seven days, 11 community outbreaks were confirmed. The number of community outbreaks is above the trigger of seven or more in seven days. A community setting outbreak is defined as three or more COVID-19 cases in a setting and in people of different households.Cal State San Marcos sent an advisory to students and staff Thursday evening notifying them that two employees who were working on campus have tested positive for COVID-19."One individual was last on campus on July 16 and the other individual on July 17," the advisory said. "Both are in self-isolation following public health protocols, as are people with whom they have had close personal contact."RELATED: Some San Diego churches plan to host indoor services this weekend despite restrictionsAs a result of numbers that continue to rise, Supervisor Greg Cox announced Wednesday that San Diego County was starting a Safe Reopening Compliance Team that will provide assistance to businesses and residents not in compliance with public health orders. The team's exact powers were not clear."This is a carrot approach, not a stick," Cox said. "But we still have the stick and other tools to ensure compliance."Supervisor Nathan Fletcher said the team would enable the county to step up enforcement on "egregious violations" -- but the details on that enforcement were also unclear. Officials were reaching out to the various cities and communities in the county to collaborate on solutions."This is out of an effort to keep our businesses open, not to close them," Fletcher said.RELATED: Living with someone who has tested positive for COVID-19From July 13 to July 19, the county also reported its most hospitalizations, 163, and the most deaths, 56, in any one-week span since COVID-19 began spreading in the United States in March."We implore you to not wait for someone you care about to lose the fight against COVID-19 before you take action," Dr. Wilma Wooten, the county's public health officer, said Monday. She said the recent spike in cases began to occur after bars, hotels and gyms reopened June 12.The last metric the county has failed to maintain is the percentage of cases that have been handled by a contact investigator within 24 hours of being reported. There are more than 500 investigators employed by the county, and although 98% of all cases had been investigated in that time frame as recently as June 25, that rate had dropped to 9% as of Wednesday.Wooten said that in response, the county is attempting to hire more contact investigators, with 212 in the hiring process. 3403