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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 County Health and Human Services Agency announced Tuesday that it will make its inclement weather shelter program available to homeless residents in the county's unincorporated areas. The agency's Housing and Community Development Services division activates the shelter when rain is expected for at least two days, reaches two inches in a 24-hour period or when a storm includes a threat of flash flooding. County officials monitor seven unincorporated zones to determine when to activate the shelter program. Homeless residents can contact 211 San Diego between noon and 7 p.m. to be connected to a shelter provider. In some cases, residents are eligible to receive assistance with transportation to an inclement weather shelter. Check 10News Pinpoint Weather storm conditions``By calling 211 people will be directed to the correct program and place,'' Housing and Community Development Services Director David Estrella said. ``We instituted the program because we know that when people are exposed to inclement weather, they are more likely to experience health issues that could be life-threatening.'' 1145
SAN DIEGO (CNS) - The San Diego Humane Society announced Wednesday that it will offer refunds to San Diego residents who overpaid for certain services between July 2018 and last week. Humane Society officials recently determined that some residents paid fees that were higher than the amounts the city of San Diego adopted on July 1, 2018, for local animal services. The organization plans to contact and offer refunds to residents affected by the overcharging that occurred between July 1 last year and Nov. 19 of this year. The organization also offered discounted services to residents via promotions intended to increase animal adoptions and make it easier to adopt a pet. Residents who paid for animal services at discounted prices will not be contacted, according to the Humane Society. 800
SAN DIEGO (CNS) - San Diego City Attorney Mara Elliott announced today that the city will use a 5,850 grant to fund a team of specialized prosecutors to handle cases involving drug-impaired drivers.The City Attorney's Office will use the renewed Drug DUI Prosecution Grant to handle cases of both drug-impaired and drug/alcohol-impaired driving, from arrest through conviction and sentencing. The state Office of Traffic Safety administers the grant from the National Highway Traffic Safety Administration."Driving under the influence of drugs can have devastating effects on San Diego drivers and their families," Elliott said. "Our city continues to see DUI cases involving the misuse of prescription drugs, marijuana and illegal drugs, often in combination with alcohol. This grant allows our highly specialized prosecution team to work closely with law enforcement to hold accountable those who endanger our community."Specialized prosecutors working under the previous grant from Oct. 1, 2017, to Sept. 30 of this year filed 228 misdemeanor cases of drug-impaired and drug/alcohol-impaired driving while the City Attorney's Office filed a total of 3,110 impaired driving cases during that time. The office has received grant funding for drug DUI prosecutions since the fall of 2014.Officials warn that use of prescription drugs and/or marijuana, especially in conjunction with alcohol use, can lead to a DUI arrest and conviction. San Diego County saw a total of 90 deaths and 2,364 serious injuries due to DUI crashes in 2015."Driving under the influence is a crime that will not be tolerated," said Office of Traffic Safety Director Rhonda Craft. "Funding the prosecution of individuals who put lives at risk is one of many ways we are working to educate the public on the dangers and consequences of driving under the influence." 1848
SAN DIEGO (CNS) - The FBI reached out to the public Wednesday for help in tracking down a man who faces federal charges for allegedly operating San Diego-based pornographic websites that recruited young women and at least one teenage girl to engage in commercial sex acts by force, fraud and coercion.The federal agency has posted a reward of up to ,000 for information leading to the arrest of 37-year-old Michael James Pratt, who co-owned and ran online sites called "Girls Do Porn" and "Girls Do Toys."An indictment unsealed last fall alleges that Pratt also produced pornographic content involving a 16-year-old girl.Pratt and his co-defendants allegedly videotaped sex acts under the guise of distributing the footage only to private clients, then disseminated the clips online without the victims' knowledge or consent.In January, a judge awarded about million to nearly two dozen women who sued the owners and operators of GirlsDoPorn.com. The plaintiffs -- identified in court documents as Jane Does 1 through 22 -- were awarded just under .5 million in compensatory damages and .3 million in punitive damages.Superior Court Judge Kevin Enright ruled that the defendants falsely claimed that the videos would never appear on the internet and were instead solely filmed for DVDs to be sold to customers living outside the United States.Those lies were often bolstered by "reference women" who posed as models and provided "new recruits with false comfort that the experience (was) safe and enjoyable, and that (previously recorded) videos have never appeared online or been discovered by anyone in the models' lives," according to the judge's 187-page ruling.Also charged and awaiting trial in the case are company co-owner Matthew Isaac Wolfe; porn actor Ruben Andre Garcia; administrative assistant Valorie Moser; and Amberlyn Dee Nored, who is accused of lying to victims about how the pornography they were performing in would be distributed.Anyone who may have information on the whereabouts of Pratt is asked to contact the FBI at 858-320-1800 or contact the agency online at tips.fbi.gov. 2121