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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 city of San Diego will begin enforcing parking regulations again starting Oct. 1 with a two-week grace period before full enforcement Oct. 15.The city temporarily suspended parking enforcement on March 16 following the COVID-19 stay-at-home order. Multiple attempts in the following months to reinforce parking regulations have been thwarted by ongoing shutdown orders.In developing a plan to restart parking enforcement, city staff consulted with several business groups representing communities across San Diego.Starting Thursday, the city will issue written warnings for vehicles parked in violation of:-- Posted street sweeping routes-- Metered parking restrictions-- Curb time limits-- Commercial zonesCitations will continue to be issued for vehicles parked illegally at red, white and blue painted curbs. Drivers are encouraged to follow posted signage when looking for a parking space.Although street sweeping has continued during the public health emergency, the resumption of enforcement will allow city sweepers to sweep debris and dust pollution along the curb line to maintain improved water quality and reduce the potential for flooding as the rainy season approaches.During the two-week grace period, courtesy notices will be distributed to inform residents of the enforcement restart. 1330

SAN DIEGO (CNS) - Police Thursday were searching for a suspect who carjacked a 56-year-old man while he was listening to music in a City Heights parking lot.It happened around 9:35 p.m. Wednesday in a parking lot near the intersection of Euclid and University avenues, San Diego police Officer Robert Heims said.The victim was listening to music in his red 2013 Nissan Versa sedan when a man walked up to the car, lifted his shirt up and showed that he had a gun in his waistband, Heims said. The suspect then told the 56-year-old man to get out of the car, and the victim complied.The suspect got into the Nissan, which had California license plate 7EKT818, and drove off southbound on Euclid Avenue, the officer said.The suspect was described as a 5-foot-11 Hispanic man in his early 20s who weighed between 150 and 180 pounds. He had a thin mustache and was last seen wearing a white shirt and a blue baseball hat.Anyone with information on the suspect or the whereabouts of the car is asked to call SDPD's robbery division at 619-531-2299. 1051

SAN DIEGO (CNS) - San Diego Pride and its associated congregations rebuked the United Methodist Church Thursday for its recent decision to maintain its bans on same-sex marriages and LGBTQ clergy.The United Methodist Church announced the decision Tuesday at its General Conference after a group of international delegates voted in favor of maintaining the church's current rules. The delegates also voted down a new set of proposed rules that would have let each church decide how to handle issues of sex and gender.``The traditionalists within the United Methodist Church have chosen to exclude and marginalize LGBTQIA+ Christians whose only desire is to serve their church and express the Love of God in the world,'' said Brandan Robertson, the lead pastor at Missiongathering Christian Church. ``Nothing could be more antithetical to the message Jesus embodied and proclaimed.''According to San Diego Pride, 65 percent of people in the LGBTQ community identify as religious or spiritual in some way. The organization runs an interfaith coalition called DevOUT and hosts an annual interfaith service at St. Paul's Cathedral to celebrate tolerance of faith and sexuality.``This week was hard for many who have worked with determination for so long to help the United Methodist Church join the many other open and affirming congregations and faith institutions around the world in their full embrace of the LGBTQ community,'' said San Diego Pride Executive Director Fernando Lopez. ``We stand in solidarity with those who continue to fight for their place within their own families and faith.'' 1602

SAN DIEGO (CNS) - People who visited the Lucky Lady Casino in San Diego on weekends over a six-month period ending in late September may have been exposed to tuberculosis, county health officials reported Tuesday.The Health and Human Services Agency is working with the casino to inform patrons and staff who may have been exposed between Feb. 23 and Sept. 30, said county spokesman Jose A. Alvarez.HHSA will provide testing at no cost to patrons who were potentially exposed, Alvarez said. Testing will be offered from 10 a.m. to 1 p.m. on Dec. 8 and 9 at the casino at 5526 El Cajon Blvd., he said.People who visited the casino are encouraged to contact their doctor or county TB Control if they cannot get tested on Dec. 8 or 9, Alvarez said.Beginning Tuesday, testing is also being offered to casino staff at no cost by county Occupational Health, according to HHSA officials, who noted it can take eight to 10 weeks after exposure for someone to test positive for TB.Those wanting more information may call Lucky Lady Casino at (619) 287- 6690 or the county TB Control Program (619) 692-8621.Dr. Wilma Wooten, the county's public health officer, said most people who are exposed do not become infected. However, testing is recommended because initial infection usually has no symptoms, she said.Tuberculosis is transmitted from person-to-person through indoor air during prolonged contact with an infectious individual. Symptoms include persistent cough, fever, night sweats and unexplained weight loss.The number of annual TB cases in San Diego County has decreased since the early 1990s, Alvarez said, with 258 cases reported in 2016, 237 in 2017 and 163 cases so far in 2018. 1691