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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 is the fourth-best large city in the country in which to live, according to a ranked list released Tuesday by the personal finance website WalletHub.WalletHub ranked cities with a population above 300,000 by evaluating their affordability, economic strength, education and health quality, quality of life and safety. A total of 62 cities were sampled for the list, with Virginia Beach, Virginia, taking the top spot.San Diego ranked 51st in affordability but ranked among the top-10 cities in education and health, quality of life and safety, and 12th in economic strength. According to WalletHub data, San Diego had the second-lowest crime rate behind Virginia Beach and was tied for first for coffee shops per capita.Joining San Diego and Virginia Beach among the top five were Austin, Seattle and Las Vegas in second, third and fifth, respectively. Rounding out the top 10 were San Francisco, New York, San Jose, Honolulu and Portland, Oregon.Detroit, Michigan, ranked last among large cities due to its dead-last ranks for economic strength and health and education quality. Memphis, Cleveland, Baltimore and St. Louis also sat in the bottom five. All five cities at the bottom of the list were in the bottom half for public safety, economic integrity and health and education quality.San Diego ranked fifth on last year's list and fourth on WalletHub's 2017 big cities list. 1415

SAN DIEGO (CNS) - San Diego-based medical equipment manufacturer ResMed Corp. has agreed to pay more than .5 million to resolve allegations that it paid kickbacks to suppliers, sleeps labs and other health care providers in exchange for referrals and prescriptions for its products, the Department of Justice announced Wednesday.The government accused ResMed of violating the Anti-Kickback Statute of the False Claims Act by providing free or below-cost medical equipment to companies in several states. Court documents state that ResMed's products -- which treat sleep apnea and other sleep disorders -- were provided to companies that in some cases began writing prescriptions to their patients entirely for ResMed equipment.Prosecutors say some examples of ResMed kickbacks included free home sleep testing devices, free or below-cost positive airway pressure masks and diagnostic machines, and free telephone call center and patient outreach services that allowed the companies to order resupplies for sleep apnea patients.RELATED: San Diego suing SDG&E for allegedly delaying pure water projectThe settlement agreement resolves five lawsuits filed by whistleblowers, who will collectively receive around .2 million out of the total settlement."Paying any type of illegal remuneration to induce patient referrals undermines the integrity of our nation's health care system," said Assistant Attorney General Jody Hunt. "When a patient receives a prescription for a device to treat a health care condition, the patient deserves to know that the device was selected based on quality of care considerations and not on unlawful payments from equipment manufacturers." 1679

SAN DIEGO (CNS) - The eighth annual U.S. Sand Sculpting Challenge and Dimensional Art Expo will kick off Saturday along Broadway Pier.The three-day event will feature a dozen of the best sand sculptors in the world, including artists from the U.S., the Netherlands, Canada, Russia and South Korea. Each sculpture weighs upwards of 10 tons once completed, according to event organizers.Roughly 300 tons of sand were dumped on the pier Monday to prepare for the event, which generates about million in revenue for the city each year. In addition to works from solo sculptors and teams of sculptors, the Sand Sculpting Challenge will feature more than 1,000 works of art for sale, live music, food trucks and vendors and more.Half of event proceeds will support e3 Civic High School, the San Diego School for Creative and Performing Arts, the San Diego Padres Foundation, Arts for Learning and the Maritime Museum's Children's Education Programs. Event tickets can be purchased online at ussandsculpting.com. The Sand Sculpting Challenge will begin at 9 a.m. all three days. 1082

SAN DIEGO (CNS) - Recent rainfall has led to an influx of seabirds washing ashore and becoming beached along San Diego's coast, the San Diego Humane Society said Friday.The organization's Project Wildlife program, which focuses on animal rehabilitation and conservation, has recently cared for multiple seabirds, including loons, western grebes and a blue-footed booby who became beached during periods of high surf and stormy weather.Seabird diets are also affected by rainfall as vacillating ocean temperatures cause their food sources to dive deeper than normal. Consequently, the birds are often too weak to get past strong coastal waves into the open ocean. Humane Society animal care staff recently transferred their rescued birds to SeaWorld for further rehabilitative care.Residents are advised to contact a lifeguard, the Humane Society's Humane Law Enforcement division at 619-299-7012, ext. 1, or SeaWorld at 800-541- 7325 if they see a beached or struggling seabird. Birds that are in immediate danger can also be wrapped in a towel and brought to Project Wildlife, located at 5433 Gaines St. 1112

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