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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) - Police today were investigating the death of a man found lying in the middle of a Rancho Bernardo road.Dispatchers received a call about 11:55 p.m. Thursday from a person who reported seeing a person down in the road near the intersection of Cresta Drive and Sonora Road, just south of Rancho Bernardo Road, San Diego police Sgt. Michael Stirk said.Firefighters responded to the area, found the man and pronounced the victim dead at the scene, Stirk said.Investigators were attempting to determine if the man was hit by a car or suffered a medical emergency, Stirk said.The San Diego County Medical Examiner's Office was called to the scene and will perform an autopsy to determine the cause of death.Anyone with information regarding the death was asked to call San Diego County Crime Stoppers at (888) 580-8477. 839

SAN DIEGO (CNS) - San Diego County health officials have reported a huge jump in COVID-19 cases -- a record 1,087 -- and no additional deaths, bringing the county's total to 64,768 cases, with the death toll remaining at 926.Sunday was the fifth-consecutive day that more than 600 new coronavirus cases were reported by the county.On Saturday, the county set a record of 736 new cases. On Wednesday, a record 661 cases were reported in the county -- surpassing the 652 cases reported Aug. 7. Another 620 cases were reported Thursday."This is a stark reminder that COVID is real, is spreading and must be taken seriously," Supervisor Nathan Fletcher said Sunday. "At this point, we are pleading with the public to take action to slow the spread: Wear a mask, physically distance, and limit contact with those outside of your household."Dr. Wilma Wooten, the county's public health officer, added that in the weeks following Halloween, this record case jump is a warning sign people "need to follow public health guidance throughout the upcoming holiday season."The rapid rise in cases comes as state data has landed the county in the most restrictive tier of the state's COVID-19 reopening plan. The restrictions associated with the purple tier went into effect just after midnight Saturday.Many nonessential businesses are now required to move to outdoor-only operations. These include restaurants, family entertainment centers, wineries, places of worship, movie theaters, museums, gyms, zoos, aquariums and cardrooms.The restrictions include closing amusement parks. Bars, breweries and distilleries are able to remain open as long as they are able to operate outside and with food on the same ticket as alcohol.Retail businesses and shopping centers can remain open with 25% of the building's capacity. No food courts will be permitted.Schools are able to remain open for in-person learning if they are already in session. If a district has not reopened for in-person learning, it must remain remote only. Offices are restricted to remote work.Remaining open are essential services, personal care services, barbershops, hair salons, outdoor playgrounds and recreational facilities.The county's demotion from the less-restrictive red tier is the result of two weeks of case rates that exceeded the threshold of 7 per 100,000 residents.In recent weeks, the region had an unadjusted rate well above the purple tier guidelines, but a significant effort to increase the volume of tests had allowed for an adjustment to bring it back to the red, or substantial, tier.State officials reported Tuesday that San Diego County had an unadjusted new daily coronavirus case rate of 10.0 per 100,000. The adjusted case rate dropped to 8.9 per 100,000. Last week's unadjusted case rate was 8.7 per 100,000.According to the reopening plan, a county has to report data exceeding a more restrictive tier's guidelines for two consecutive weeks before being moved to that tier. A county then has to be in that tier for a minimum of three weeks before it may move to a less restrictive tier.Even as the number of cases climbs, the testing positivity rate for the region continues to decline. From last week's data, it dropped to 2.6%, a 0.8% decline. It still remains high enough for this metric to remain in the orange tier.The state's health equity metric, which looks at the testing positivity for areas with the least healthy conditions, increased from 5.3% to 6.5% and remained in the red tier. This metric does not move counties backward to more restrictive tiers, but is required to advance.Of the 12,349 tests reported Sunday, 9% returned positive, increasing the 14-day rolling average of positive tests to 4.2%.Of the total number of cases in the county, 4,197 -- or 6.5% -- have required hospitalization and 958 patients -- or 1.5% of all cases -- had to be admitted to an intensive care unit.The number of community outbreaks in the past week was 45 as of Saturday.The county launched a COVID-19 case rate map Thursday showing how cities and communities are being impacted by the novel coronavirus. The interactive map allows users to identify the case rate per 100,000 residents in cities and communities or by ZIP codes.The map also shows where each area falls under the different state tiers and whether their case rate and testing positivity are going up or down.Click here for the full map 4396

SAN DIEGO (CNS) - San Diego County has seen a nearly 5% increase in its response to the 2020 Census above the 2010 response rate, according to state census data.Data collected through Tuesday indicates 72.9% of county households have responded this year, as opposed to 68% in 2010, mirroring an increased response rate statewide.Census officials say that California's 2020 self-response rates surpassed the 2010 rate on Wednesday, with 68.4% of California households responding either online, by phone or mail. The 2010 rate was 68.2%.State census officials touted the success of their outreach campaign, particularly given California is considered one of the ``hardest-to-count'' states in the country due its size and a high number of people who are difficult to contact for census purposes, such as recent immigrants, people who lack high-speed internet access or people with limited English proficiency.Campaign efforts will continue until the Sept. 30 deadline.``It is through the collective efforts of millions of Californians that we have surpassed our 2010 self-response rate. But make no mistake -- we are not done yet. We know the hardest-to-count Californians still may be missed or undercounted given the shortened deadline, so it's essential these households complete the form now,'' said Ditas Katague, director of the California Complete Count -- Census 2020.``With two weeks left, our message is loud and clear: Californians need to act and fill out their Census forms,'' Katague added. ``We have just days to secure funding and representation in our state for the next decade. We haven't been without our challenges -- federal operational changes and instability, the impact of COVID-19, wildfires and more. Given all that, we are proud of this milestone and all those who have stood up to be counted for their families and their communities.'' 1869

SAN DIEGO (CNS) – Petco Park in San Diego will play host to an American League divisional playoff series and the American League Championship series next month under a schedule announced Tuesday that will culminate with Major League Baseball's first neutral-site World Series, played in Arlington, Texas.The playoff tournament schedule was formulated in response to the coronavirus pandemic, with an eye toward the "bubble" concept employed by the NBA and NHL aimed at ensuring limited outside interaction with players.Under the schedule, the San Diego Padres’ home ballpark will host a best-of-five American League Division Series starting Oct. 6. The other ALDS series will be played at Dodger Stadium in Los Angeles beginning Oct. 5.Both series will be played on five consecutive days.The winners of the two ALDS series will advance to the best-of-seven American League Championship Series, which will be played in San Diego beginning Oct. 11, also with no days off between games.For the National League, divisional rounds will be played in Arlington, Texas, and Houston, with the NLCS played in Arlington.The best-of-seven World Series will be played in Arlington, beginning Oct. 20, with two off days built into the schedule.The initial round of the MLB playoffs, the best-of-three Wild Card Series, will be played in the home stadium of the higher-seeded team.MLB games are being played without fans in attendance due to the coronavirus, but according to The Athletic, league Commissioner Rob Manfred said during an online event Tuesday that he hopes to see some limited attendance at the league's two Championship Series and the World Series. Such attendance would involve social distancing and other protection measures, "in terms of temperature checks and the like," he said. 1792