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SAN DIEGO (KGTV) — A man who is accused of falling asleep drunk with a lit cigarette, starting a Rancho Bernardo fire that killed his two children in 2017, has been sentenced to nearly 13 years in prison.Henry Lopez was convicted last September of involuntary manslaughter, child endangerment, and recklessly starting the fire that killed 7-year-old Isabella and 10-year-old Cristos.Wednesday, victim impact statements were read aloud — including a statement by Lopez — before the judge sentenced Lopez to 12 years and eight months behind bars.“[The] defendant has completely and utterly failed to accept the consequences of his actions. These horrible deaths were completely avoidable. The defendants actions caused a lot of pain. Christo’s and Isabella should both be with us today," the judge said during sentencing.RELATED: Rancho Bernardo mom opens up about children killed in fireThe fire sparked on Oct. 28, 2017 at the North County condominium. Prosecutors say Lopez fell asleep with a lit cigarette that likely made contact with a defective cell phone, sparking the blaze. Lopez woke up to find his home on fire and tried to escape but passed out from the smoke, fire investigators said.His two children died in the blaze. Investigators say Cristos was burned to death and Isabella passed out from smoke inhalation and never woke up.Throughout the sentencing hearing Wednesday, heated moments erupted from Lopez's ex-wife and even one of the jurors."I told you if you continued on this path of reckless behavior something bad was going to happen. And guess what, it did," Nikia Lopez said. "Those kids are gone. You took my children." 1651

SAN DIEGO (KGTV) — A repeat DUI offender who pleaded guilty to hitting and killing a tow-truck operator on SR-52 in 2017 has been sentenced.Michael Gilbert Gray, 50, pleaded guilty to second-degree murder in August in the death of 55-year-old Fred Griffith.Gray was sentenced Friday to 25 years to life in prison.On Feb. 23, 2017, Griffith, a single father of three, was aiding a stranded trash truck on the freeway near Tierrasanta when he was struck and killed by Gray's Ford Expedition.RELATED 514

SAN DIEGO (KGTV) - A North Park family is appealing for tips after a former high school football star - and recent college graduate - was injured in a drive-by shooting."They thought it was fireworks at first," said Dawn Kinder.Sisters Denisha Montgomery and Dawn Kinder say two Fridays ago, their brother Devante Kinder, 24, and three friends had spent a day at the beach and were driving up to his driveway near Meade Ave. around 9:40 p.m. Devante was at the wheel of the used Mercedes SUV he had saved up to purchase, when neighbors heard about nine shots ring out, and a car drive away. Devante was shot twice in the face."The only thing he could think of was to save his life, and he drove himself to the hospital," said Montgomery.Soon after, his sisters got the news."Unreal and didn't believe it at first actually. There is no way he could be injured in this way," said Montgomery.One of the bullet entered Devante's neck, shattered his cheekbone and lodged in his sinus cavity. The other one grazed his cheekbone."He's devastated ... asking himself why it was him," said Montgomery.His sisters say Devante does not have any enemies. Devante, a football standout at Mission Bay High School, went on to graduate from San Jose State six months ago. He returned home and recently got hired for engineering position in March."Starting his career, saving money. All he could talk about was buying his own condo," said Montgomery.Those plans have been put on pause by the drive-by shooting. Amid a national dialogue on racial injustice, Devante's sisters say they know many families impacted by violence."It's something that shouldn't be happening. We don't like to think it was the color of his skin. We don't want to," said Montgomery."But the thought is there as well," said Kinder.Devante remains on a feeding tube and faces a long road to recovery. A Gofundme campaign has been set up to help with expenses.Witnesses saw a newer-model black Ford Mustang driving from the scene. Anyone with information is asked to call Crimestoppers at 888-580-8477. 2064

SAN DIEGO (KGTV) – A local marijuana testing lab is releasing vape test results that are alarming. Almost 80% of the cannabis vape cartridges were tested and deemed "unfit for consumption."Tucked away in a quiet San Diego business park, Platinum Vape manufacturing company produces high-potency, pesticide-free cannabis products that go through rigorous testing. Co-founder George Sadler is on a mission to spread awareness about the serious potential health risks of using products from unlicensed vape makers and sellers."It's horrible," he tells 10News, adding, "It's doing so much harm to people, versus walking into a licensed store."Platinum Vape recently teamed up with nearby licensed cannabis dispensary Mankind to buy back cartridges that ranged from home-made concentrates to counterfeits of popular legal brands.In exchange, customers got discounted Platinum Vape cartridges that are tested and regulated.Mankind Chief Operating Officer Vera Levitt tells 10News, "We wanted to encourage them to replace something that could make them sick with something that was safe."The cartridges were sent to Infinite Chemical Analysis Labs, or InfiniteCAL. It's a local cannabis testing lab that then analyzed the cartridges for potency, pesticides, and heavy metals.The lab found that 79% of the cartridges were deemed "unfit for consumption". Additionally, 62% of them failed for pesticides. Almost 40% of the cartridges failed for lead."[Were there] toxic levels of lead?" 10News asks InfiniteCAL co-founder David Marelius. "One of the vape pens had almost a hundred times the legal limit," he explains.The lab also discovered that half of the products had less than 50% THC in them. Some of the cartridges were cut with excessive levels of vitamin E acetate; the additive may be linked to numerous vape-related deaths and illnesses. Marelius adds, "20% of them had a significant amount.""It's sad for me. Public safety is a really important part of what we do and what we believe in," says Levitt.Levitt says that the only way to ensure that customers are getting safe products is if they buy them from licensed dispensaries that have purchased products from distributors that are regulated by the California Bureau of Cannabis Control, like Platinum Vape."I think the exposure needs to be there for people to really understand what's happening," adds Sadler.Visit the link below to check out any marijuana dispensary's licensing status.https://online.bcc.ca.gov/bcc/customization/bcc/cap/licenseSearch.aspx 2520

SAN DIEGO (KGTV) -- A La Jolla store in an upscale mall is facing scrutiny from customers who told Team 10 they were misled after buying hundreds—even thousands—of dollars worth of skin care products.Team 10 spoke to at least two customers who had similar complaints. When they tried to return unopened products, they said they were sold lies.Christianna Ortiz regrets walking into Gold Elements at the UTC mall on La Jolla Village Drive.“I’m honestly very embarrassed I fell for it,” Ortiz said.Last summer, she said Gold Elements employees encouraged her to purchase products, including a skin care regiment.“He wanted me to buy it for 0. I said yeah, that's not going to work. He said I'll tell you what, I'll throw in a facial and I was like, now that sounds interesting, but I don't want to come here alone. I'll throw in two facials,” Ortiz said the employee told her.When she went to her appointment, she said employees would not give her the facials she paid for.“I said, I want to return the stuff then and he said no return.I said I paid for something that was an outright lie,” Ortiz said.Ortiz said they never told her there was a no refund policy.She disputed the charge with her credit card and could not believe what happened next.“They sent me back the copy of my receipt along with another sheet of paper that listed the refund policy. I had never seen that sheet of paper, didn't exist!” Ortiz said.“You’re hustled,” said Sharon Garrow, another Gold Elements customer.Garrow spent nearly ,500 on products in September. She admits spending more than she should. When she tried to return the products the following morning—less than 24 hours later—she said she was not allowed to.She went to the store Saturday, where she said an employee told her there was nobody who could help her. She went again on Monday. “He [said] there’s no return on [these] products,” Garrow said.It was on her receipt, but like Ortiz, she signed on a computer and said the policy was not visible on the screen. She said nobody told her anything in person and there were no signs in the store that customers could see.A Team 10 investigative photojournalist also visited the store. He also did not see any return policies in the store.On the California Attorney General’s website, it says: “Stores that do not accept returns must clearly display their policy.”The California Civil code states that retail sellers shall display their policy “either on signs posted at each cash register and sales counter, at each public entrance, on tags attached to each item sold under that policy, or on the retail seller’s order form, if any.”Goods that cannot be resold due to “health considerations” are an exception. Both women said they never opened the Gold Elements boxes before trying to return the items.When Team 10 visited the store to get answers, there were no managers available to talk to us. An independent esthetician told Team 10 to contact a Gold Elements promoter. That person did not call back.Less than an hour later, a man who claimed he was the owner called Team 10 and said they always give the best help to customers and have not had problems with refunds. The man would not agree to an in-person interview, saying that he was not in town.He told Team 10 all future communication would be with his lawyer, but would not give his lawyer’s name.It was a different story on the Better Business Bureau website, where the store has an F rating. A 2017 class action lawsuit filed in Northern California against Gold Elements products and affiliated companies.Part of the complaint was that “complimentary facials” were not honored when customers tried to use them.““If I got taken, so many other people are probably getting taken. Somebody has to stop it,” Ortiz said.Team 10 discovered the La Jolla store could also be violating different state code.On Gold Elements’ wall is a price list for facials. The Board of Barbering and Cosmetology, under the California State Department of Consumer Affairs, said a business that charges for facials should have an establishment license.The store has no record of that license.The women have a warning for others.“It’s not like I’m a dummy,” Ortiz said. “Do what I usually do. Check reviews ahead of time.”The Attorney General’s office said if any customers have concerns about a return policy, or lack of one, you can file a complaint with their office. 4419