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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 City Council voted 5-4 today to extend the rent repayment period for commercial and residential renters to Dec. 30, giving renters who have lost income due to the COVID-19 pandemic a few extra months to repay back rent.Council President Georgette Gomez's initial motion Tuesday would have extended the repayment period for the eviction moratorium to March 31, 2021. Councilwoman Jennifer Campbell amended the motion to the December date as a compromise.On March 25, the council voted unanimously to begin an emergency eviction moratorium for renters. The moratorium requires renters to demonstrate through documentation that the pandemic has caused ``substantial loss of income,'' according to city staff. Renters are also required to follow rules in leases, but landlords cannot evict a tenant for nonpayment due to COVID-19.The moratorium expires Sept. 30. If tenants are in good standing with landlords, they can work out a repayment plan for back rent through Dec. 30, but otherwise things could get dicey for tenants.``We are all in it together,'' Gomez said before discussion of the motion. ``The economy is not fully restored. This is not an ideal policy, but it's a necessity for what we are dealing with.''Gomez represents District 9, which encompasses Southcrest, City Heights, Rolando and the College area. It has also been one of the most impacted areas during the pandemic.According to a member of Gomez' staff -- which gave the presentation on the topic -- the city had started 15,659 rental relief applications using federal Coronavirus Aid, Relief, and Economic Security Act funds. Disbursements from that pool of relief money are scheduled to be handed out in late August or early September. Those funds will go directly to landlords, however, and not renters.Council President Pro Tem Barbara Bry voted no on the motion Tuesday, not because she didn't agree that people needed help paying rent, but because the arbitrary nature of the rental relief program could leave the city open for lawsuits, she said. She added that not enough renters know the impact of not paying rent.``It's a cruel hoax,'' she said. Bry said that by not paying rent on time, tenants could be destroying their credit and leaving themselves with mountains of debt and no place to turn once the moratorium ends.In a public comment period, several dozen San Diegans called in, many urging the council to extend the moratorium -- which was not the motion in front of council -- and many to forgive rent and mortgages outright. About an equal number of landlords called in to urge the council to allow for evictions again, as many said they were paying two mortgages and not receiving income.The repayment plan extension to December will pass a critical few months, including local, state and national elections. On Nov. 3, San Diego voters will select a new mayor and five new members of its City Council -- something that could cause significant shakeup in how the city is run.``I think in three more months we will be able to tell better what the future holds,'' Campbell said. Councilmembers Chris Cate and Scott Sherman were opposed to the extension on legal grounds, as the gap between when the moratorium was passed to the date proposed in Tuesday's initial motion would have been more than a year. They claimed this could cause trouble for landlords trying to evict delinquent tenants or to collect back rent.Because the repayment extension passed with just five votes, it is susceptible to a possible veto by Mayor Kevin Faulconer. A six-councilmember vote would have made it ironclad. 3622

SAN DIEGO (CNS) - The San Diego Gulls will conduct Military Weekend at their games Friday and Saturday at Valley View Casino Center, including providing free tickets to more than 4,000 military members and their families.Military families will unfurl an American flag on the ice before the playing of the national anthem preceding Friday's American Hockey League game against the Stockton Heat.Marine Corps Chief Warrant Officer Colin M. Cooper and Marine Corps Master Sgt. Eric W. Franklin will be honored as the Military Heroes of the Game.All fans in attendance will receive a free Gulls camouflage hat.Fans can take free military-themed photos in the interactive photo booth on the north concourse, near Section 6, and post them online for a chance to be featured on the arena's video screen during Friday and Saturday's games.Military vehicles will be on display during Saturday's pregame tailgate party, which will be held from 5-7 p.m.Service members and their families can skate with Gulls players following Saturday's game against the Ontario Reign. Fans must register at the Section 10 booth.Tim Mathues, the veterans outreach coordinator for San Diego County's Office of Military and Veteran Affairs, will be honored as Saturday's Military Hero of the Game.Free parking will be provided for both games for anyone with military identification.The Gulls will wear new, custom camouflage jerseys each night during Military Weekend.Select game-worn Gulls camouflage jerseys will be autographed and available for a silent auction following Saturday's game on the concourse at Section 10. A limited number of game-worn camouflage jerseys will be available via the DASH Auction app, which can be downloaded via iOS or Android devices in the app store.All proceeds raised from the auctions will be donated by the San Diego Gulls Foundation to the Armed Services YMCA and Operation Rebound of the Challenged Athletes Foundation. 1938

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 schools are allowed to reopen for in-person teaching starting Tuesday, a day after a flurry of businesses throughout the county resumed indoor operations.Tuesday marks two weeks since San Diego County was removed from the state's COVID-19 watch list and nearly three weeks that the county's case rate has remained under 100 cases per 100,000 people.Remaining below that metric has paved the way for K-12 schools to reopen for in-person teaching, but many districts are expected to take a cautious approach to reopening.Schools that choose to reopen must follow state guidance, including mandatory face covering usage for students in third grade through high school, increased cleaning and disinfecting practices and implementing a six-foot distance requirement, where possible, in classrooms and non-classroom spaces.On Monday, San Diego County businesses including movie theaters, gyms, museums and hair and nail salons resumed indoor operations, with modifications, under newly issued state guidance. Restaurants, places of worship and movie theaters are only allowed up to 25% occupancy or 100 people -- whichever is less. Museums, zoos and aquariums are also required not to exceed 25% occupancy.Monday night, the county implemented a new policy that restaurant patrons sitting indoors must wear masks at all times, except when eating or drinking. Outdoor patrons may still remove masks while not consuming food or beverages.Gyms, dance studios, yoga studios and fitness centers may operate with 10% occupancy. Hair salons, barbershops, tattoo parlors, piercing shops, skin care and cosmetology services and nail salons may operate indoors with normal capacity, but a new policy states they must keep an appointment book with names and contact information for customers to track potential future outbreaks.San Diego County Supervisor Greg Cox thanked San Diegans for working hard to bring the case rate down but offered a word of caution on Monday."This is not a green light, this is a yellow light," he said. "We can't gun the engine of the economy full throttle yet."Dr. Wilma Wooten, the county's public health officer, said the county would follow state guidelines that retail businesses are to be restricted to 50% occupancy. Wooten said she was seeking clarification on grocery stores for the same restriction.All indoor businesses must still abide by social distancing and face-covering mandates, as well as having a detailed safe reopening plan on file with the county.County public health officials reported 304 new COVID-19 cases on Monday, raising the county's cumulative cases to 38,604. No new deaths were reported, keeping the county's deaths tied to the illness at 682.Of 5,731 tests reported Monday, 5% returned positive, raising the county's 14-day rolling positive testing rate to 3.7%, well below the state's 8% guideline. The seven-day average number of tests performed in the county is 6,543. 2960

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