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SAN DIEGO (KGTV) - The father whose two children died in a Rancho Bernardo home fire in 2017 was found guilty on all counts Monday. Jurors found Henry Lopez guilty of two counts of child endangerment, recklessly causing a fire causing great bodily injury, and two counts of involuntary manslaughter in the death of his two children.Prosecutors argued Lopez fell asleep with a lit cigarette, starting the fire that killed 7-year-old Isabella and 10-year-old Cristos and destroyed his condominium. Lopez’ attorney said a defective cell phone was the likely ignition source. Lopez woke up to find his home on fire and tried to escape but passed out from smoke, investigators said. Firefighters later found him and took him to the hospital. Deputy District Attorney Kyle Sutterley said Cristos died of burns to more than 80 percent of his body and Isabella died of smoke inhalation. "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. Lopez faced up to 16 years and 8 months in prison. 1296

SAN DIEGO (KGTV) -- The Carlsbad Police Department released body camera footage Saturday night in response to public concerns over officer misconduct during an incident involving a 27-year-old black man.The June 11 incident gained attention after cell phone video surfaced showing officers using a Taser on the man and pressing his head into the pavement in an attempt to subdue him."A video is circulating showing a police use of force incident from Thursday night. Open lines of communication between the Police Department and the community are more important now than ever," Carlsbad police said in a statement."As with all uses of force, we fully investigate incidents to ensure the officers’ conduct is consistent with the Police Department’s policies," police said.The cell phone video doesn't show the start of the incident. The witness video begins with the man on the ground surrounded by paramedics and two officers lying on top of him.The newly released six-minute body cam video starts from the moment two officers respond to the scene. According to the department's timeline of the incident, officers and paramedics responded to a call at 8:48 p.m. about a man found face down on a sidewalk at Ponto Road and Carlsbad Boulevard."Two officers arrived and found the firefighters evaluating the man, who was now standing," police said.Bodycam footage shows the man talking with paramedics, and the group appears to disperse. With the officers approaching, the paramedics step away from the man. The man tells the paramedics, "I'm not complaining about anything else."The man appears to hear something from the group of paramedics and screams out, "are you mocking me?"A paramedic tells the man, "No, I'm not mocking you at all."One officer says, "Hey, they're just here to help you, man."The man stands face to face with the paramedic telling him, "the way he said it is different from how you said it. Because I understand how the f--- you say it. But what do you mean when you say it?"According to the police timeline, "The man walked quickly toward the medics while continuing to yell profanities. Officers, fearing for the safety of the medics, interceded."The report says, "Officers reached out to the man and told him to stop."A struggle ensues and the body cameras are knocked to the ground leaving only an audio recording of the incident for about two minutes. The officers pick up the cameras and resume video recording the scene about two minutes later.The department juxtaposed three camera angles of the confrontation with the man -- two from officer body cameras, and one that was recorded by an unidentified "resident." The witness video fills in a section of lost body cam footage.Carlsbad police said the investigation is still ongoing and are asking the public who may have witnessed the incident to contact the department at their non-emergency line at 760-931-2197.The man in the video, Marcel Cox-Harshaw, 27, of San Diego, was cited and released for resisting arrest. Police also charged him with being drunk in public. Police said drugs and or alcohol played a role in the incident.10News has reached out to Cox-Harshaw for comment.CARLSBAD POLICE DEPARTMENT TIMELINE OF EVENTS:A video is circulating showing a police use of force incident from Thursday night. Open lines of communication between the Police Department and the community are more important now than ever. That’s why we are providing a detailed chronology of this incident.As with all uses of force, we fully investigate incidents to ensure the officers’ conduct is consistent with the Police Department’s policies.At 8:48 p.m. A caller reported a man face down on a sidewalk at Ponto Road and Carlsbad Boulevard.At 8:55 p.m. Carlsbad Fire Department personnel arrived at the location and began their evaluation of the man.At 8:59 p.m. Two officers arrived and found the firefighters evaluating the man, who was now standing.While medics evaluated the man’s condition, the man became visually agitated and started yelling at the medics.At 8:59 p.m. The man walked quickly toward the medics while continuing to yell profanities.Officers, fearing for the safety of the medics, interceded.Officers reached out to the man and told him to stop.The man continued to yell as officers tried to handcuff the man to take him into custody.The man yelled, struggled, turned and pulled from the officers and would not comply with their instructions.At 9:02 p.m. Officers then used a taser to attempt to subdue the man.At 9:03 p.m. The officers then restrained the man by holding his body and head to the ground while placing him in handcuffs. He was not injured, but he continued to shout angrily. Officers asked him to calm down, but he refused to comply and continued shouting.At 9:03 p.m. Officers considered the man detained.A mesh bag called a spit mask was placed on the man’s head to protect the officers and paramedics from coming into contact with droplets coming from the man’s nose and mouth This bag is porous and does not restrict breathing.At this time, paramedics were able to place the man on a gurney, where he continued to yell and struggle.At 9:07 p.m. Paramedics transported the man to a local hospital where he was sedated, assessed and released.The man, 27-year-old Marcel Cox-Harshaw of San Diego, was cited and released for resisting arrest. An additional charge of drunk in public has been presented to the District Attorney's Office. The initial investigation indicates that drugs and or alcohol played a role in the incident.The investigation is still ongoing. We are asking any community members who may have witnessed the incident to call the non-emergency police number at 760-931-2197 to share their accounts.Here are some of the department’s policy that pertain to the incidentOfficers shall use only that amount of force that reasonably appears necessary given the facts and totality of the circumstances known to or perceived by the officer at the time of the event to accomplish a legitimate law enforcement purpose.When determining whether to apply force and evaluating whether an officer has used reasonable force, a number of factors should be taken into consideration, as time and circumstances permit. These factors include but are not limited to:o The apparent immediacy and severity of the threat to officers or others – Mr. Harshaw charged unarmed fire personnel while yelling profanities.o The individual’s apparent ability to understand and comply with officer commands – Mr. Harshaw would not comply with officer commands.o The conduct of the individual being confronted, as reasonably perceived by the officer. Mr. Harshaw was yelling and behaving aggressively toward fire personnel.o Proximity of weapons or dangerous improvised devices. – Officers had no way of knowing what was in Mr. Harshaw’s backpack or baggy pants.o The effects of drugs or alcohol. Mr. Harshaw appeared to be under the influence of drugs and or alcohol.o Whether the person appears to be resisting, attempting to evade arrest by flight, or is attacking the officer. Mr. Harshaw was at no time compliant.The TASER device may be used in any of the following circumstances, when the circumstances perceived by the officer at the time indicate that such application is reasonably necessary to control a person:o The subject is violent or is physically resisting. Mr. Harshaw was physically resistant and behaved aggressively toward fire personnel.o The subject has demonstrated, by words or action, an intention to be violent or to physically resist, and reasonably appears to present the potential to harm officers, him/herself or others. – Mr. Harshaw charged fire personnel, while yelling profanities and he was not compliant with officer commands.Supervisory notification shall be made as soon as practicable following the application of force. A supervisor was immediately called to the scene and an investigation was opened. The investigation includedo Obtaining the basic facts.o Collect evidence at the sceneo Ensure that all needing medical treatment are treated. Mr. Harshaw was transported to the hospital and released. An officer also received minor injuries.o The scene was canvased for additional witnesses.o Complete a Supervisor’s Compliant Summary Report and forward it to the Professional Standards Unit.o Prepare Supervisor’s Use of Force Report 8374

SAN DIEGO (KGTV) — The county's second case of measles this year has been reported, health officials announced Tuesday.The person was fully immunized but came into contact with an 11-month-old San Diego resident who contracted the disease after a recent trip to the Philippines.The second patient may have also exposed the public to measles at two locations, the County of San Diego Health and Human Services said. Those locations are:85? Bakery Café, 3361 Rosecrans Street, on Aug. 15, 16, 17 and 18 from 6 a.m. to 4:30 p.m.Min Sok Chon Korean Restaurant, 4620 Convoy Street, on Aug. 15 from 6:30 p.m. to 2 a.m.Ralph’s, 3011 Alta View Drive, on Aug. 16 from approximately 4:30 p.m. to 7:30 p.m.Officials added the case is under investigation and more locations may be identified later.“If you were at any of the locations at the dates and times listed, you should watch for symptoms of measles and call your health care provider if you show any signs of developing the disease,” said Dean Sidelinger, County interim deputy public health officer. “Measles is a very contagious disease that can be easily spread by coughing, sneezing or being in the same room with an infected person.”Measles can develop about seven to 21 days after exposure to the disease. Early symptoms include fever, cough, runny nose, and red eyes. A distinctive red rash also appears one to four days after symptoms appear, starting on the face and head then spreads downward and outward. A person is considered contagious four days before the rash appears.Anyone with symptoms is asked to call their doctor’s office before visiting directly.Complications from measles are more common in children younger than 5 and adults 20 years and older, though the risk is higher with children. Complications include diarrhea, ear infections, and pneumonia. In severe instances, death can occur.Since there is no treatment for measles, the best course is generally bed rest, fluids, and fever-control medication. Those will other health problems may need treatment for those specific conditions as well. 2073

SAN DIEGO (KGTV) - The father accused of causing a condo fire in Rancho Bernardo that killed his two children appeared in court Tuesday afternoon for a preliminary hearing.Henry Lopez is accused of passing out drunk with a lit cigarette, setting his condo on fire last October.His children, 10-year-old Cristos and 7-year-old Isabella, were in the home at the time and suffered smoke inhalation. Both children died as a result of their injuries.Lopez was also burned in the fire and hospitalized for some time.One witness told the court Tuesday he heard a female screaming at the scene, but the screaming stopped.RELATED: Father charged after children killed in fireHenry Lopez' ex-wife Nikia Lopez testified the two were in the midst of a divorce. They shared joint custody of their children.  Lopez told the judge her former husband was an abusive alcoholic.She claims she had warned him previously not to smoke in the house around the children."He drank a lot. My goal was to keep it from the kids.  I would wake up in the middle of the night and throw away the bottles in the trash. I would pull him upstairs before the kids woke in the morning... sometimes I would have to clean up his throw up."  He’s not in custody because his defense attorney says he needs to be out to receive medical treatment for the burns he sustained during the fire.Prosecutors believe the fire started in his bed and ultimately spread to the rest of the home.  Investigators found discarded smoking materials and alcohol near the start of the fire.If there’s enough evidence against Lopez and the case goes to trial, he faces up to 14 years in prison for several felony counts including involuntary manslaughter and child endangerment.Lopez is not charged with intentionally starting the fire. 1809

SAN DIEGO (KGTV) -- The California Department of Corrections and Rehabilitation are looking for two women they say walked away from the Custody to Community Transitional Reentry Program.The department says, while conducting a room search Thursday, staff discovered a cell phone in a room shared by Karen Flores, 26, and Gisselle Rivas, 20.A short while later, it was discovered that both women removed their ankle monitors and walked away from the facility.Flores is a Hispanic female, 5 feet, 1 inch tall, weighing 168 pounds with brown hair and brown eyes. Authorities say she was serving more than two years at the facility for second-degree burglary and grand theft.Rivas is a Hispanic female, 5 feet, 1 inch tall, weighing 148 pounds with brown hair and brown eyes. She was serving four years at the facility for first-degree burglary and vehicle theft.Anyone with information is asked to call 916-464-4169 or contact local law enforcement. 963