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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) - Power was restored Saturday afternoon for more than 2,000 utilities customers in Mid City who were without electricity for more than five hours.2,216 customers in University Heights, North Park, Normal Heights, Kensington, Talmadge and the College Area lost power just after 10 a.m., according to San Diego Gas and Electric's online outage map.The blackout resulted from a problem with underground electrical equipment that crews were working to repair, according to SDGE spokesman Joe Britton.All customers had their power back on by about 3:50 p.m., Britton said. 591

SAN DIEGO (CNS) - San Diego City officials Saturday will rededicate a Skyline-area police substation in honor of a patrolman gunned down nearly four decades ago during a traffic stop two blocks from where the precinct house now stands.The SDPD Southeastern Division headquarters will be renamed the Archie Buggs Memorial Building during a late-morning ceremony on the 39th anniversary of the slaying. Two of the late lawman's relatives -- his sister, Gwen Buggs, and cousin, Pam Jones -- are scheduled to be present for the event.Buggs, 30, came under fire in the early morning hours of Nov 4, 1978, after stopping a 1968 Chevrolet driven by 17-year-old gang member Jesus Cecena in the 7100 block of Skyline Drive.The teen fired five times at Buggs, then paused, walked toward the downed officer and shot him in the head at point-blank range. Buggs died on the street, his hand on his service revolver.Cecena was convicted of murder and sentenced to serve life in prison without the possibility of parole in August 1979. Because of his age at the time of the killing, his sentence was reduced to a seven-years-to-life term in 1982.Three years ago, a change in the law made Cecena eligible for youth offender parole. His release was approved by the state Parole Board in April 2014, but Gov. Jerry Brown overturned the panel's recommendation that September, then did so again two years later and once more four months ago.Cecena, 56, has received more than 10 violation reports for misconduct while in prison, according to the San Diego County District Attorney's Office.Among local leaders slated to take part in this morning's renaming ceremony in the 7200 block of Skyline Drive will be Mayor Kevin Faulconer, police Chief Shelley Zimmerman, City Council President Myrtle Cole and District Attorney Summer Stephan. 1824

SAN DIEGO (CNS) - The Bengal tiger cub rescued during a smuggling attempt at the US-Mexico border was joined Monday by a Sumatran tiger cub from the National Zoo in Washington, D.C.The Bengal tiger was discovered last month at the Otay Mesa border crossing last month and taken to the San Diego Zoo Safari Park for care.RELATED: Smuggled tiger cub found at US-Mexico borderThe Sumatran tiger that joined the cub in San Diego is nine-weeks-old. He has been fed by humans since last month because his mother became aggressive toward him. Zoo personnel said the cub would "chuff" in a friendly tiger greeting but his mother, Damai, would not respond.Animal care staff from the Safari Park were on hand at San Diego International Airport to meet the cub and the keepers upon their arrival. The young tiger was immediately transported to the Safari Park’s Ione and Paul Harter Animal Care Center, where he will continue to receive the care he needs.“We are beyond thrilled to welcome this tiger cub to the Safari Park,” said Andy Blue, associate curator of mammals at the San Diego Zoo Safari Park. “His keepers reported he did extremely well during the flight — slept most of the way. Our priority now is to ensure he continues to thrive and acclimates well to his new surroundings.” 1302

SAN DIEGO (CNS) - The San Diego City Council unanimously voted, 9-0, Tuesday to invest more than million in homelessness services and programs designed to curb the city's homeless population.The .1 million allocation of state funding comes from the Homeless Emergency Aid Program, a 0 million block grant designed to help address homelessness throughout California. San Diego Mayor Kevin Faulconer and the mayors of the other so-called Big 11 cities secured a total of 0 million in state funding to address homelessness issues in the state's biggest cities.The city will allocate .8 million for homeless services like housing navigation, .2 million for rental assistance and subsidies, .6 million for the continuation of city services and facilities like San Diego's three bridge shelters and 5,000 each for youth programs and administration costs."Thanks to the advocacy by California's largest cities, we can now implement these critical programs to improve our outreach, expand the range and depth of homeless services including prevention and diversion strategies, and bring creative solutions online to move hundreds of homeless San Diegans off the streets and into housing," said District 3 City Councilman Chris Ward.The funds will be used to expand some existing programs while creating new ones, such as a flexible subsidy pool that offers housing assistance to residents who may not qualify for federal housing vouchers. San Diego's Regional Task Force on the Homeless will also receive a separate .8 million HEAP grant as one of the state's Continuum of Care programs."Homelessness is the issue across our state and cities are bearing much of the burden," Faulconer said. "Our state legislators have recognized that all levels of government need to work together to help our most vulnerable residents. This funding gives us the ability to expand programs that are already working and create new programs that will help people begin to turn their lives around." 2004