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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 public health officials have reported 408 new COVID-19 infections and one more death from the illness, raising the county's totals to 50,551 cases and 826 fatalities.The death of one man was noted Saturday. He was in his mid-40s and had an underlying medical condition.Of the 9,875 tests reported Saturday, 4% returned positive, bringing the 14-day rolling average percentage of positive cases to 2.9%. The seven-day daily average of tests was 10,281.Of the total number of cases in the county, 3,681 -- or 7.3% -- have required hospitalization and 851 -- or 1.7% of all cases -- had to be admitted to an intensive care unit.Seven new community outbreaks were reported Saturday, one in a faith- based agency, one in a restaurant, one in a grocery setting, two in businesses and two in restaurant/bar settings.In the past seven days, Oct. 4 through Oct. 10, 45 community outbreaks were confirmed, well above the trigger of seven or more in a week's time. 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.The county remains in the second -- or red -- tier of the state's four- tier COVID-19 reopening plan. San Diego's state-calculated, adjusted case rate is 6.5 per 100,000 residents, down from 6.7. The unadjusted case rate is 7.0, down from 7.2.The testing positivity percentage is 3.5%, the same as last week, and it is in the third -- or orange -- tier.On Saturday, the county allowed private gatherings of up to three households, based on the state's new guidance issued Friday.The gatherings must take place outdoors. If at someone's home, guests may go inside to use the bathroom.Participants in a gathering need to stay at least six feet apart from non-household members and wear face coverings. Gatherings should be kept to two hours or less, the new guidelines state.A health equity metric will now be used to determine how quickly a county may advance through the reopening plan, San Diego Public Health Officer Dr. Wilma Wooten said Wednesday.A community can only be as well as its unhealthiest quartile, she said, and while counties with a large disparity between the least and most sick members of a community will not be punished for the disparity by sliding back into more restrictive tiers, such a disparity will stop counties from advancing to less-restrictive tiers.According to the state guidelines, the health equity will measure socially determined health circumstances, such as a community's transportation, housing, access to health care and testing, access to healthy food and parks.Neighborhoods are grouped and scored by census tracts on the Healthy Places Index, https://healthyplacesindex.org/. Some of the unhealthiest neighborhoods include Logan Heights, Valencia Park, downtown El Cajon and National City. According to county data, the county's health equity testing positivity percentage is 6.2 and is in the red tier.Wooten said the complicated metric will be explained further on Monday, when the state releases an official "playbook" of how it is calculated and what it means to communities throughout the state as they attempt to reopen.On Tuesday, the California Department of Public Health will issue its next report on county case rates. 3315

SAN DIEGO (CNS) - The San Diego City Council declined to report details of its closed-door discussion Tuesday on a draft appraisal of price and payment terms for the city's potential sale of the SDCCU Stadium site to San Diego State University.The council met in closed session to discuss the undisclosed terms of the appraisal with its negotiating team, composed of officials in various city departments and the city attorney's office. Both the city and SDSU have expressed an intent to exchange the property for "fair market value," but what that entails remains opaque.D.F. Davis Real Estate estimated the fair market value of the site sits at .2 million, according to documents.The city is currently in the process of selling a 132-acre parcel of land to SDSU as the university intends to redevelop the parcel, which includes SDCCU Stadium, into a 35,000-seat stadium to be primarily used by the university's football team, a satellite campus, a park along the San Diego River and commercial and residential space.After the closed session, City Councilwoman Barbara Bry called for the draft appraisal to be released to the public and for all future discussions of the sale to take place in an open session."It is now time for SDSU to make an offer which honors the terms of Measure G and the promises that were made during the campaign," Bry said in a statement. "This offer should include a commitment to building the river park and designing a transit-dependent development."City officials have also noted their concern over certain elements of the project's draft environmental impact report, such as the university's analysis of how the project will affect traffic patterns in Mission Valley. The council must approve a final version of the report prior to completing the sale.On Monday, the Friends of SDSU, a group of university alumni and community members, called on the city to accept the appraisal without changes, arguing that the project would be transformative for the city and SDSU will be a good steward in overseeing the land."Introduction of extraneous considerations that are inconsistent with the provisions of voter-approved Measure G or are outside the mutually agreed-to guidelines for the appraisal could substantially delay or threaten altogether the successful transfer of this property," Friends of SDSU wrote in a letter to Mayor Kevin Faulconer and the council.San Diego voters approved the plan, then known as SDSU West and now dubbed SDSU Mission Valley, last November. Since then, the university has selected two firms to oversee the planning and construction of the future stadium and campus while negotiating the sale with the city.On the project's current timeline, university officials expect the California State University Board of Trustees to consider approving a draft environmental impact report on the SDSU West plan early next year. The university expects to break ground on the project in early 2020 and complete the redevelopment in its entirety by the mid-2030s. 3022
SAN DIEGO (CNS) - San Diego County public health officials have reported 283 new COVID-19 cases and no new deaths, raising the region's total number of cases to 26,984, with the death toll remaining at 533.The county reported 7,505 diagnostic tests Saturday, 4% of which returned positive. The 14-day rolling average of positive tests is 5.6%. The target set by California is less than 8%. The seven-day daily average of tests is 9,201. Of the total positive cases, 2,391 -- or 8.9% -- required hospitalization and 614 -- or 2.3% -- were admitted to an intensive care unit.Three new community setting outbreaks were reported Saturday in a restaurant/bar, food processing facility and 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.The next pandemic briefing from health officials will be Monday.Cal State San Marcos sent an advisory to students and staff Thursday 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."As 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. 2214
SAN DIEGO (CNS) - San Diego County Treasurer-Tax Collector Dan McAllister announced his office is accepting penalty cancellation requests for homeowners and small business owners who were impacted by COVID-19 and missed the Dec. 10 property tax deadline.Property taxes unpaid after Dec. 10 incurred a 10% penalty. To qualify for penalty cancellation, the property must either be residential and occupied by the homeowner or owned and operated by a taxpayer that qualifies as a small business."COVID-19 has affected many in San Diego -- especially our small businesses, so we want to do what we can to help those who did not have the funds to pay their taxes on time," McAllister said. "We want to be as lenient as we can and show compassion for those who need it."To complete a penalty cancellation request, a taxpayer must:-- complete the request form, print it and sign it-- include copies of printed evidence proving how the taxpayer was impacted by the coronavirus pandemic and unable to pay the property taxes by the delinquent date-- include a check for the base amount of the property taxes owed. The TTC does not accept request forms when there is no payment attached-- mail the request form, documentation, and check to SDTTC -- ATTN: COVID-19 REVIEW, 1600 Pacific Highway, Room 162, San Diego California, 92101. Alternatively, drop off a request in the dropboxes found outside our branch office locationsRequests, along with the payment, must be submitted no later than May 6, 2021. All penalty cancellation requests will be reviewed and approved on a case-by-case basis.Since April, the Treasurer-Tax Collector's Office has received 4,690 COVID-19 penalty cancellation requests and has approved 58% of them, accordoing to McAllister. Most denials are due to missing printed evidence or a missing payment."Property taxes are essential to the county, cities, and school districts," McAllister said. "They fund many vital services, including COVID- 19 response and the salaries of first responders."More information can be found at https://www.sdttc.com/content/ttc/en/tax-collection/secured-property-taxes/covid-19-penalty-cancellations.html?. 2160
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