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SAN DIEGO (CNS) - Testimony wrapped up Wednesday in the murder trial of two men accused in the stabbing death of a Chula Vista music producer whose body was found in a drum floating in San Diego Bay.Timothy John Cook, 54, is charged with the Sept. 30, 2017, murder of his housemate Omar Medina, 28. Co-defendant Derrick Spurgeon, 40, is charged with being an accessory for allegedly driving the boat used to dump the victim's body, which was found 12 days later inside the 55-gallon barrel, which had been weighed down by a makeshift anchor made of wire and cinderblocks.Medical examiners said Medina had been stabbed more than 60 times in the chest, back, neck and head.RELATED: Man whose body was found in a barrel had been stabbed 66 timesAttorneys will make closing arguments Monday morning at the downtown San Diego courthouse.Deputy District Attorney Cherie Somerville told jurors that Medina and Cook both worked at a scaffolding business for Cook's younger brother and were living together at a home in Chula Vista.In a text exchange with his brother, Cook expressed annoyance with Medina over his drinking and sloppy household behavior, leading Cook to eventually kick him out of the house, according to the prosecutor.RELATED: Opening statements made in murder trial involving body found in barrelSommerville also noted in her opening statement that Medina had recently come into a substantial amount of money via an ,000 settlement he received in a lawsuit.Medina's family never heard from him after Sept. 30, and filed a missing person's report soon afterward with Chula Vista police. Medina's unlocked car was found about a week later on Oaklawn Avenue, not far from the home he shared with Cook on McIntosh Street. Numerous belongings, including his computer and guitar were inside the vehicle.During that time period, Cook had told his brother that he was out of town in the Northern California city of Oroville, but Somerville said evidence indicates the defendant never left San Diego County.RELATED: Family of man found in barrel works to find closure, thanks Chula Vista PD for their effortsDefense attorney Kara Oien countered in her opening statement that there was no hard physical evidence tying Cook to Medina's death, and told jurors the district attorney was relying on circumstantial evidence to come to a false conclusion that her client killed Medina.The attorney said the prosecution lacked a murder weapon and witnesses to the murder, which allegedly occurred during the daytime hours of Sept. 30 at the Chula Vista home.Oien said Cook's agitation over Medina's sloppiness was far from indicative of a motive to kill and that Cook would have tried to get closer to Medina if he really wanted his settlement money, rather than kicking him out of their house.RELATED: Bodycam video shows officer confront accused killer of man found in barrelAccording to the prosecution, Cook enlisted Spurgeon's assistance on Oct. 11 to haul the barrel and dispose of it.Surveillance footage allegedly captured the men in a green Ford F-150 owned by Cook's half-brother, which is seen towing Spurgeon's boat from El Cajon to the bay. Somerville alleged that a barrel matching the one containing Medina's body can be seen in the bed of the pickup in the footage.She also said a search of the McIntosh Street home yielded additional indications that Cook was covering up the murder, such as removal of his home's kitchen sink and stripping down Medina's room, which was located in an attached building on the property.Oien said Cook was merely fixing up the home, and that he had an agreement with his landlord to make occasional repairs in exchange for lower rent.Spurgeon's attorney, Roland Haddad, said there was no evidence that his client had any knowledge that he was assisting Cook in disposing a body, if Cook even committed the murder at all. The men exchanged phone calls on Oct. 11, but Haddad said there was no evidence regarding what discussions they had over the phone, nor what was said on the alleged boat ride when Medina's body was dumped into the water. 4095

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 Tuesday were searching for two men who carjacked a man at gunpoint in the parking lot of the Mission Valley mall.It happened around 7:35 p.m. Monday in the parking lot of the Nordstrom Rack at 1640 Camino Del Rio North, San Diego police Officer John Buttle said.A man, whose age was not immediately available, was sitting in his blue 2007 Hyundai Sonata -- with California license plate 5XXK569 -- when two men approached the driver's side of his car, Buttle said.One of the men pulled out a black semi-automatic handgun and pointed it at the victim, demanding he give up his car, the officer said.The victim got out of the car and both men got in, then one of the men noticed the man's cell phone in the vehicle and demanded the passcode before the pair fled eastbound on Camino De La Reina in the Hyundai, Buttle said. 853

SAN DIEGO (CNS) - San Diego County public health officials Sunday reported 373 new cases of COVID-19 and no new deaths, bringing the county's totals to 52,355 and the death toll remaining at 853.Officials are imploring San Diegans to maintain vigilance as positive case rates for the coronavirus continue to increase in the region."We are now concerned about the trends and we are concerned about the likelihood we could tip back to purple, Supervisor Nathan Fletcher said on Twitter today. The county is now in the red tier and the limit for the next tier is seven cases per 100,000 residents.Fletcher pointed to positive unadjusted case rates over six days (Oct. 11-16): 6.9 out of 100,000 residents, to 7.2 to 7.3 to 7.4 to 7.7 and 7.8.The county will be in the red, or "substantial," tier for at least another two weeks.But Fletcher and Public Health Officer Dr. Wilma Wooten held an emergency meeting Friday to "sound the alarm" as the future case rate appears to cross into the purple tier of the state's four-tier reopening system.With the state's monitoring system having a seven-day lag, the adjusted case rate of positive COVID-19 tests is 6.8 per 100,000 residents, up from 6.5 in the previous assessment.Nearly all non-essential indoor businesses would close under the purple tier."We are still in the red tier, but it is too close for comfort," Wooten said.The California Department of Public Health will update the county's data Tuesday.One new community outbreak was confirmed Saturday in a business. In the past seven days, 32 community outbreaks were confirmed, well above the trigger of seven or more in a week's time.A community 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 county uses community outbreaks to get a larger sense of the pandemic locally, but the state does not include the statistic in its weekly report.Wooten said 95% of the county's cases were not related to a marked community outbreak, a clear indicator the illness has spread throughout the county.A total of 12,233 tests were reported to the county Saturday and the percentage of new laboratory-confirmed cases was 3%.The 14-day rolling average percentage of positive cases is 2.7%. The target is less than 8%.The seven-day daily average of tests is 10,573.Of 3,763 positive cases -- or 7.2% -- have required hospitalization through Saturday.Of 870 -- or 1.7% -- of all cases had to be admitted to an intensive care unit. 2504

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