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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 County public health officials reported 13 new community outbreaks of COVID-19 Friday, raising the number of outbreaks in the past week to 38.Three of the outbreaks were reported in business settings, three in restaurants, two in restaurant/bar settings, two in hotel/resort/spa settings, one in a health care facility, one in a faith-based setting and one in a grocery store.The number of community outbreaks far exceeds the county's goal of fewer than seven in a seven-day span. A community setting outbreak is defined as three or more COVID-19 cases in a setting and in people of different households.A total of 91 outbreaks have been reported in July, more than double the number reported in June and more than the number reported from March through June.The county reported 380 new COVID-19 cases and three deaths, raising the region's totals to 29,048 cases and 561 fatalities.On June 30, the county reported a total of 14,623 cases. It has nearly doubled its total in 31 days.Of the 9,066 tests reported Friday, 4% were positive, dropping the 14- day rolling average of positive test cases to 5.4%. The state's target is fewer than 8% of tests returning positive.While these numbers appear to be steps in the right direction, County Supervisor Nathan Fletcher said Wednesday that since the county has "realigned" to focus testing on more vulnerable populations due to dwindling testing supplies, it may not reflect the true extent of the pandemic in the region.Of the total positive cases, 2,521 -- or 8.7% -- required hospitalization and 642 -- or 2.2% -- were admitted to an intensive care unit.The three people whose deaths were reported Friday were a woman and two men who died between July 20 and July 29, and their ages ranged from 69 to 79. All had underlying medical conditions, as have 95% of those who have died from the illness.According to county data, 57% of adult San Diego County residents have underlying medical conditions such as high blood pressure, heart and lung disease, cancer, diabetes and obesity. These conditions put such people at risk for serious illness should they contract COVID-19.Of the total hospitalized during the pandemic due to the illness, 71% have been 50 or older. The highest age group testing positive for the illness are those 20-29, and that group is also least likely to take precautionary measures to avoid spreading the illness, a county statement said."Some San Diegans think they're not going to get sick and therefore are not following the public health guidance," said Dr. Wilma Wooten, the county's public health officer. "What they don't realize is that they could get infected and pass the virus to others who are vulnerable."An amendment to the county's public health order, which went into effect Wednesday morning, now requires all employers to inform employees of any COVID-19 outbreaks or cases at a place of business. Previously, the county recommended employers disclose outbreak information but did not require it."We are continually adjusting and making refinements," Fletcher said. "We believe most entities are acting responsibly, but this will ensure employers inform their employees."Speaking at the county's daily coronavirus briefing on Wednesday, Fletcher and county Supervisor Greg Cox said the county is rapidly attempting to recruit more Spanish-speaking contact tracers and investigators and increase testing in the South Bay, where communities are reporting the highest rates of COVID-19 in the county. The percentage of Latino contact tracers and investigators hired by the county is currently 25%.The head of the Chicano Federation of San Diego County was critical of the county's response, saying it had not taken actions to reflect its demographics in contact tracers -- an inaction which could be exacerbating cases and reporting in the county's Latino population."We were told repeatedly that the county was working diligently to hire people from the community to serve as contact tracers, and that they were being intentional about making sure contract tracers and investigators were representative of the community. They lied," Chicano Federation CEO Nancy Maldonado said in a statement Wednesday."The County of San Diego has failed Latinos at every step of this pandemic," she said. "Lives have been destroyed because of failed leadership. The response from the county has been irresponsible -- and San Diego County's Latino community is paying the price."Latinos make up 61% of those hospitalized in the county from the virus and 45% of the deaths. They compose around 35% of the county's population.Cox and Fletcher also said they would be bringing a plan for a safe reopening compliance team before the full Board of Supervisors. The team would supplement health order enforcement, including investigating egregious violations, outbreaks and conducting regular checks of the county's more than 7,500 food facilities.New enforcement could include a compliance hotline for tips, additional staff for investigations and outbreaks, and coordination with cities to send a team to conduct investigations. 5130

SAN DIEGO (CNS) -- San Diego County's recommended .4 billion budget for fiscal year 2020-21, which was released Monday, includes 0 million dedicated to testing, medical supplies, food distribution and other needs related to the COVID-19 public health crisis.Calling COVID-19 "the county's top budgetary priority," county leaders released a statement announcing the Health and Human Services Agency will see an increase of 0 million to support the county's Testing, Tracing and Treatment Strategy, personal protective equipment, and other resources and efforts in its pandemic response.Another million is earmarked for technological resources related to behavioral health services, including telehealth, electronic health record upgrades, outreach and engagement, workforce recruitment and retention.The COVID-19-related economic downturn also affected other sectors of the budget, with county officials expected to dip into reserves and slow or stop "non-essential services and projects" in order to address revenue shortfalls.The proposed spending plan is 9 million -- or 2.5% -- larger than the last fiscal year's budget.Budget increases include an additional .7 million to address homelessness in unincorporated county areas and 0,000 to develop a Flexible Housing Subsidy Pool to help homeless individuals move into permanent housing. Other budgetary increases related to homelessness include million to address homelessness among people ages 24 or younger, and .6 million to the Sheriff's Homeless Assistance Resource Team, which partners sheriff's deputies with local service agencies to help connect homeless individuals with much-needed services.The budget includes a .5 million increase for Child Welfare Services and a .2 million increase for the C3 for Veterans program, which helps local veterans with housing assistance, care coordination and vocational opportunities.The budget also calls for a .7 million net decrease in the Capital Program, but does include 5.9 million toward a number of projects, including .3 million to enhance and renovate the Rock Mountain Detention Facility, million for design and construction of the Innovative Residential Rehabilitation Program, .3 million for expansion and improvements at various county parks, and .2 million to construct the Mt. Laguna and Palomar Mountain fire stations, as well as planning for the East Otay Mesa Fire Station.Other county priorities outlined in the budget include .1 million to implement the Community Air Protection Program to improve air quality, the expansion of Crisis Stabilization Units and commencement of non-law enforcement Mobile Crisis Response Teams, and the design and implementation of an earthquake early warning system pilot program.Virtual budget hearings will begin Aug. 10. The San Diego County Board of Supervisors is scheduled to deliberate and adopt the budget at an Aug. 25 virtual public hearing.More information on the budget is available at https://www.sandiegocounty.gov/openbudget. 3048

SAN DIEGO (CNS) - The San Diego Air & Space Museum will hold an induction ceremony for its Air & Space Hall of Fame 2019 class Saturday, which includes Amazon and Blue Origin founder Jeff Bezos.In addition to Bezos, the 2019 class includes former Lockheed Martin Corporation Chairman Vance Coffman, MedAire founder Joan Sullivan Garrett, Apollo 12 command module pilot Dick Gordon, D-Day Pathfinder pilot Lt. Col. David Hamilton, Boeing Company aerodynamicist and aerospace engineer Robert Liebeck and Robert Gilliland, the first man to fly the SR-71 Blackbird.The museum launched the International Air & Space Hall of Fame in 1963 to honor pilots, inventors, engineers, space explorers and more who have made important contributions in the fields of Earth and space flight. Past inductees include air and space luminaries like Charles Lindbergh, Neil Armstrong, Chuck Yeager and Ellen Ochoa."We're especially pleased to honor this exemplary class of 2019 because these men and women are amongst the most talented figures in air and space history," museum President and CEO Jim Kidrick said. "Aviation and space exploration, as embodied by the honorees in the International Air & Space Hall of Fame, directly represents the human pioneering and exploring spirit."Proceeds from the induction ceremony will benefit the museum's programs to educate young people about flight and space exploration. Biographies of each inductee can be found at sandiegoairandspace.org. The museum will close early, at 3 p.m., to prepare for the ceremony, which is scheduled to begin at 5 p.m. 1595

SAN DIEGO (CNS) - The City Council will be asked Tuesday to rename what had been Qualcomm Stadium to SDCCU Stadium, with San Diego County Credit Union bidding 0,000 for the naming rights, according to documents made available Thursday.The credit union recently took over as the primary sponsor of the Holiday Bowl college football game that's held in the stadium. The agreement, if approved, would run to the end of next year.While stadium naming rights typically run into the millions of dollars, city officials didn't anticipate receiving that kind of money because of the short term of the deal. Municipal coffers would net 5,000 from the proposed agreement, according to a staff report.RELATED: Deadline hits to submit naming rights bids for Qualcomm StadiumIn its proposal, SDCCU said it would work to boost attendance at stadium events. The company has a history of heavily promoting events it sponsors.Now that the Chargers are playing in Los Angeles County, city officials envision closing the aging, money-losing stadium after the 2018 college season. San Diego State University officials are pushing for an extension in order to build a new home for the Aztecs.The city contracted with Fox Sports College Properties to find an interested party for the naming rights.RELATED: City of San Diego committee considers possibilities for Qualcomm StadiumSDCCU was one of four bidders. The others were Gemini Sports Group, a Phoenix company that handles sponsorships and naming rights; Mitek, a San Diego- based mobile technology firm; and Traction Video, a San Diego video production firm. 1611

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