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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 Comic-Con announced its “Comic-Con@Home” event will take place on the originally scheduled dates, July 22-26, and the event will be entirely free.After canceling its in-person events at the San Diego Convention Center in April due to “circumstances involving the COVID-19 pandemic and California’s restrictions against large gatherings,” Comic-Con had teased about home events for weeks, finally revealing this week some sense of what that will entail."For the first time in our 50-year history, we are happy to welcome virtually anyone from around the globe," said SDCC spokesperson David Glanzer. "Though stay-at-home conditions makes this a very difficult time, we see this as an opportunity to spread some joy and strengthen our sense of community."RELATED: San Diego Comic-Con 2020 canceled due to pandemicAn online exhibit hall will still sell merchandise, and multiple panels and presentations about comics and popular culture will be available for attendees. Activities such as a masquerade and gaming competitions will also be available, and badges can be printed from home. There is no limit to the number of attendees.The full schedule of events has not yet been released, but according to an SDCC statement, "With Comic-Con@Home, SDCC hopes to deliver the best of the Comic-Con experience and a sense of its community to anyone with an Internet connection and an interest in all aspects of pop culture." 1452

SAN DIEGO (CNS) - San Diego County students' performance on standardized tests in English and math mostly held steady from the previous year, according to scores released Wednesday by the California Department of Education.The performance of San Diego County students on the California Assessment of Student Performance and Progress tests generally surpassed that of students statewide, according to the department. The CAASPP tests were administered in the spring to more than 3 million students across the state in grades 3-8 and 11. In San Diego County, 26.45% of the more than 250,000 students who took the tests exceeded the state standard in English, up slightly from 25.79 percent the previous year. According to the state, 30.1% met the standard, down slightly from 30.46% last year; 20.89% ``nearly'' met the standard, down slightly from 20.93% last year; and 22.55% failed to meet it, down from 22.82% the previous year. In math, 23.45% exceeded the standard, 21.6% met it, 24.84% nearly met it and 30.12% failed to meet it. The percentages from the previous year were 22.52%, 21.76%, 25.37% and 30.36%, respectively. Statewide, 22.23% exceeded the standard in English, while 28.64% met it, 22.4% nearly met it and 26.73% failed to meet it. In math, 19.69% exceeded the standard, 20.04% met it, 25.41% nearly met it and 34.86% failed to meet it. The statewide scores were all also moderately improved from the previous year. State Superintendent of Public Instruction Tony Thurmond acknowledged the overall improvement, but said he was concerned that gains were less consistent in later grades of 7, 8 and 11, while performance continues to lag among some students of color. ``Disparities between students of color and their white and Asian peers continue from year to year and demonstrate the importance of our priority initiative of closing the achievement gap,'' Thurmond said in a statement. ``Education equity should mean equity for all students and right now, we are not there. All students should have an equal opportunity to succeed academically and enter the workforce prepared with the needed skills to compete in the industries that drive our state forward.'' 2188
SAN DIEGO (CNS) - San Diego County arson investigators were called to the scene of a commercial structure fire today in Spring Valley, authorities said.The fire began at 8:02 a.m. at a structure in the 300 block of Elkelton Place, the San Diego County Sheriff's Department reported.The fire was put out by San Miguel Fire District firefighters shortly afterward. The fire was isolated to the commercial structure, sheriff's officials said.No injuries were reported. Roads were closed at Paradise Valley Road and Elkelton Place, as well as Paradise Valley Road and Worthington Street, officials said. 607
SAN DIEGO (CNS) - San Diego County reported 409 new cases of COVID-19 and four additional deaths Saturday, raising the county's totals to 48,200 cases and 798 fatalities as the city of San Diego reopened its 289 playgrounds.Three men and one woman died -- between Sept. 26 and Oct. 2 -- and their ages ranged from the early 60s to mid-80s, officials said Saturday. All but one had underlying medical conditions.Of the 9,143 tests reported Friday, 4% returned positive, bringing the 14-day rolling average percentage of positive cases to 3.1%. The state-set target is less than 8%. The seven-day daily average of tests was 9,191.Of the total number of cases in the county, 3,560 -- or 7.4% -- have required hospitalization and 830 -- or 1.7% of all cases -- had to be admitted to an intensive care unit.Two new community outbreaks were confirmed on Friday, both in a government setting. In the past seven days -- Sept. 26 through Oct. 2 -- 25 community outbreaks were confirmed. The number of community outbreaks remains 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 over the past 14 days.The city began reopening its 289 outdoor playgrounds Saturday, joining the county's 100 playgrounds. Carlsbad opened playgrounds Friday morning.According to state guidance released Monday, outdoor playgrounds in parks, campgrounds and other publicly accessible locations are allowed to reopen, depending on individual cities and counties. Protocols for safe reopening include social distancing, all people 2 years old and older mandated to wear masks, no eating or drinking allowed in playgrounds and limiting time to 30 minutes while others are present.Meanwhile, San Diego State University reported 14 new cases of COVID- 19 on Saturday, bringing the total number of cases at SDSU to 1,120.The school is aware of 1,068 confirmed cases at SDSU and 52 probable cases, the university's Student Health Services reported Saturday."None of the COVID-19 cases have been connected with instructional or research spaces since fall instruction began," officials said, noting that the majority of the cases were "among students living off-campus in San Diego."All cases are since Aug. 24, the first day of instruction for fall 2020.The university announced Wednesday it was extending a pause on in- person courses through Oct. 12. Effective that day, a limited number of courses will resume in-person. Most of those courses are upper-division or graduate level, and have been "determined by faculty and academic leaders to be essential to student degree completion, licensure, and career preparation," university officials said in a statement.Approximately 2,100 students will be enrolled in an in-person course. Prior to the in-person pause, 6,200 students were enrolled in an in-person course.Paul Gothold, San Diego County's superintendent of schools, on Wednesday said schedules for the county's many districts and charter schools have not been drafted yet, but they're coming.The county has expanded its total testing sites to 41 locations, and school staff, including teachers, cafeteria workers, janitors and bus drivers, can be tested for free at any one of those sites. A rotating testing program with the California Department of Forestry and Fire Protection was in the works for schools in the county's rural areas.There are no state testing requirements for children, but all school staff who interact with children must be tested every two months. If schools were to open before San Diego County headed to a more restrictive tier in the state's monitoring system, they would not be affected. However, if a move to a different tier happened before schools opened for in-person learning, it would change the game plan, County Supervisor Nathan Fletcher said.If parents want to test their children for the illness, they have options, including Rady Children's Hospital, through Kaiser Permanente or through the 41 sites the county manages. Children as young as 6 months can be tested at the county-run sites.On Tuesday, the county again avoided being pushed into the "purple" tier, the most restrictive in the state's four-tier reopening plan. The county will remain in the red tier for COVID-19 cases, with a state-adjusted case rate of 6.7 per 100,000 residents. The county's testing positivity percentage is 3.5%.The California Department of Public Health will issue its next report on county case rates on Tuesday. 4542
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