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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) -- The San Diego Padres will face the Arizona Diamondbacks in their season opener at Petco Park Friday evening on an opening day unlike any other in their 52-season history.There will be no spectators present because of public health directives prohibiting public events and gatherings stemming from the coronavirus pandemic. Cardboard cutouts of players' family members and loved ones will be placed in the seats behind home plate.With the absence of fans all 30 MLB teams will use ambient background audio to create crowd sounds during the season. MLB is providing each team with an array of crowd sounds and a touchpad device that can be integrated into their ballpark sound system to help manage the playing of the sounds.RELATED: Cardboard Padres fans to fill Petco Park's stands during 2020 seasonThe crowd sounds will be audible to on-field personnel and during television and radio broadcasts.The crowd backgrounds and reactions provided to the teams are all derived from exclusive, original source audio recorded by developers of the MLB The Show video game at MLB regular season games.The audio was edited into sound cues used in MLB The Show 20, with a focus on authentically replicating crowd sound and behavior. Selected content was then further refined for real-time playback over ballpark audio systems and allows for about 75 different effects and reactions to be used during a game.The crowd sounds will work in conjunction with stadium announcers, walkup music and in-stadium video to replicate the in-game experience as closely as possible.The coronavirus pandemic prompted MLB to make several rule changes for the 2020 season, which has been shortened to 60 games per team, 102 less than usual.National League games will include the use of the designated hitter for the first time in an attempt to avoid pitchers being injured when they are batters or baserunners. The DH had been limited to American League games and interleague games when an American League team is the home team.RELATED: Local company to help fill silence during MLB seasonEach half-inning of a game going into extra innings will begin with a runner on second base in an attempt to reduce long games and the strain they place on pitchers.Teams may have up to 30 players on their active rosters for the first two weeks of the season, five more than usual. The active roster must be reduced to 28 players by Aug. 6 and 26 by Aug. 20. Teams will be permitted to have a three-player taxi squad on road trips, one of whom must be a catcher.Before the coronavirus outbreak, MLB adopted a rule requiring pitchers to face at least three batters before being relieved in an attempt to speed up the game.Major League Baseball has instituted a set of health and safety protocols intended to reduce the spread of the coronavirus.The protocols include calling for players, umpires and other on-field personnel "to practice physical distancing to the extent possible within the limitations of competition and the fundamentals of baseball;" strictly enforcing prohibitions against unsportsmanlike conduct to prevent unnecessary physical contact and support physical distancing between individuals on the playing field; requiring teams to provide expanded dugout and bullpen space; and having all non-playing personnel wear face coverings at all times in the dugout and bullpen.RELATED: Fan hoping to "share" view overlooking Petco Park during baseball seasonThe opener is Jayce Tingler's debut as Padres manager, replacing Andy Green, who was fired with eight games remaining last season when the Padres had a 69-85 record and were fourth in the five-team National League West.The Padres lost seven of their eight games under interim manager Rod Barajas to finish last in the division, 36 games behind the champion Los Angeles Dodgers.Tingler described his feelings as "excited, nervous, anxiety, I think all the feelings that naturally you should have and they're just good reminders to know that we're alive."Tingler spent last season as the major league player development field coordinator for the Texas Rangers.Right-hander Chris Paddack will be the Padres starting pitcher. He was 9-7 with a 3.33 ERA in 26 starts as a rookie last season and 1-0 with a 1.08 ERA in three starts against the Diamondbacks.The Padres will be the second team in 100 years to start a rookie or second-year pitcher on opening day in back-to-back seasons, according to the Elias Sports Bureau, the official statistician for MLB. The other was the 1966- 67 Kansas City Athletics with Hall of Famer Catfish Hunter in 1966 and Jim Nash in 1977.Left-hander Madison Bumgarner will start for Arizona in his debut with the Diamondbacks after pitching for the San Francisco Giants since 2009. Bumgarner was the Giants opening day pitcher last season against the Padres, allowing two runs and five hits in seven innings in a 2-0 loss.The 6:10 p.m. game will be telecast by Fox Sports San Diego. 4966

SAN DIEGO (CNS) - Police Tuesday were searching for two men who carjacked a 43-year-old man at knifepoint near San Diego Mesa College in the Clairemont area.It happened shortly before 10:50 p.m. Monday in the 7200 block of Mesa College Drive, off Linda Vista Road west of state Route 163, San Diego police Officer John Buttle said.A 43-year-old man had just parked his car, a blue 2019 Mazda3 sedan with California license plate 7YGF888, when two men walked up to him, Buttle said. One of the men was armed with a knife and placed the knife to the victim's stomach while demanding the car keys.The victim complied and both suspects drove off in the car, which was last seen heading eastbound on Mesa College Drive, Buttle said. No injuries were reported.No detailed suspect descriptions were immediately available. 822

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 health officials have reported 2,490 new COVID-19 infections and 14 new deaths, marking 104,958 total cases and 1,151 total deaths.Saturday marked the fourth consecutive day that more than 2,000 new cases were reported, with 2,867 cases -- a record -- reported Friday, 2,050 reported Thursday and 2,104 Wednesday. It is also the 12th day with more than 1,000 new cases. It is just the sixth time the daily cases have crossed 2,000 -- all of which have come in the past week.Of 27,599 tests reported Saturday, 9% returned positive.The number of hospitalizations continued to rise, with 38 people hospitalized and four patients put in intensive care units. The COVID-19- related hospitalizations increased to 965 -- 249 in ICUs. Since the pandemic began, 5,064 or 4.9% of cases have been hospitalized due to coronavirus, 1,098, or 1.1% have been sent to the ICU.The county's hospitals have 16% of their ICU beds available, down from 21% Thursday. The state now estimates the ICU bed availability in the 11- county Southern California region at 6.2%, down from 7.7% on Thursday.Of the 4,627 people hospitalized in the county, 20% are due to COVID- 19, and 44% of ICU patients. This compares to 7.7% and 20%, respectively, one month ago.The county has seen a 199% increase in COVID-19 related hospitalizations in the past 30 days and a 148% increase in ICU patients in the same time frame. The previous peak in hospitalizations, in mid-July, topped out around 400 patients.Seven new community outbreaks were reported Saturday. A community setting outbreak is defined as three or more COVID-19 cases in a setting and in people of different households over the past 14 days. 1711

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