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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 Humane Society will make a group of animals displaced by the Camp Fire available for adoption Friday.Earlier this month, the organization's Emergency Response Team deployed to Butte County for 10 days to offer aid to hundreds of animals displaced or otherwise affected by the fire.The team returned to San Diego Dec. 19 with eight dogs and three cats, some of whom received treatment for burns caused by the fire.The owners of the 11 animals surrendered them to the Humane Society because they could no longer care for them. As a result, they will not have an owner seeking to find them once conditions improve in the areas affected by the fire.The Humane Society will put a group of the displaced animals up for adoption at 10 a.m. at its main campus, located at 5500 Gaines St. Available animals include 11-year old shepherd mix Cinnamon, a bonded pair of 6-year old miniature pinscher mixes named Pikachu and Panchie and a 3-year old cat named Sunshine.Residents can view the Humane Society's adoptable animals at sdhumane.org/pet. Adoptions will be on a first-come, first-served basis. 1129

SAN DIEGO (CNS) - The caregiver for a 74-year-old man who died in her care and another senior who were both involuntarily locked away at her various San Diego residences was sentenced Friday to 13 years in state prison.Shirley Montano, 53, pleaded guilty earlier this year to charges of voluntary manslaughter, false imprisonment of a dependent adult and perjury.A murder charge stemming from the death of Robert Chagas was dropped under the plea agreement.RELATED: Woman to stand trial for senior's death, abuse of elderly womanProsecutors alleged the defendant withheld food from Chagas and Josefina Kellogg, 61, causing their health to deteriorate over the course of several years, during which she moved often and relocated them, as well.Chagas died Oct. 7, 2016, at Sharp Memorial Hospital of pneumonia, which prosecutors argued was exacerbated by severe malnutrition he suffered under Montano's care.While the victims lived with Montano, she used their social security checks and other government benefits to buy herself a truck, among other personal purchases, and gambled away their money at local casinos, according to prosecutors.Testimony from Montano's 2019 preliminary hearing indicated Chagas and Kellogg were kept isolated from others and were confined to their respective bedrooms. Montano's niece, who stayed with her for about a year, testified that for the first month she lived at her aunt's apartment, she was not even aware Kellogg existed because the woman would hardly ever emerge from her bedroom.RELATED: La Jolla man arrested for assaulting elderly woman in Morro Bay, police sayOthers who resided at Montano's apartment or visited were offered various explanations for the presence of the victims, according to testimony.Kellogg testified that she stayed in her bedroom for several hours each day and feared angering Montano, who would hit her if she did not obey the rules of the house.Chagas was "emaciated" when he was brought into the hospital, where he died five days later, prosecutors said.RELATED: Woman sentenced for defrauding 86-year-old auntAt the hospital, Montano posed as Chagas' niece and told medical personnel that he did not wish to be resuscitated, according to testimony. Chagas' family members were only notified of his hospitalization after his death, they testified.Montano's attorney, Shannon Sebeckis, argued at the preliminary hearing there was no evidence that Chagas' malnutrition was caused by her client, and instead was the natural result of aging.Sebeckis reiterated the testimony of San Diego County Chief Medical Examiner Glenn Wagner, who declined to classify Chagas' death as a homicide. Wagner said Chagas was not getting sufficient food, but could not opine as to why, only that it appeared to be due to non-medical factors.No calls were made by family or medical professionals to Adult Protective Services in Chagas' case, which also contributed to Wagner's opinion not to classify his death as a homicide, the doctor said.While evidence was presented that Chagas once told a doctor that his weight loss was due to not having enough money for food, Sebeckis said that was not proof that Montano was taking his money or withholding food, especially in light of Chagas' issues with handling his own finances.Chagas' family members testified that an accident that occurred at childbirth had left him "slow," as his brother Richard described it, and that throughout his adult life, Chagas was susceptible to being scammed and had lost exorbitant amounts of money to fraudsters, leading family members to take an active role in assisting him with taxes and paying bills.Sebeckis argued there was little direct evidence that Montano didn't feed the seniors, as past roommates said they had seen her providing food for Chagas and Kellogg. The attorney also said Chagas was not confined at all, and regularly left the apartment each day for his janitorial job at Sea World, which he attended with a sack lunch prepared by Montano each day.The defense attorney also said it was "pure speculation and conjecture" that Montano didn't use the seniors' funds to pay for their basic needs. 4151

SAN DIEGO (CNS) - San Diego City Councilman Chris Cate will unveil 190 new parking spaces in the congested Convoy District in Kearny Mesa Tuesday before the City Council reviews that neighborhood's community plan."If you've been to the Convoy District, you know that finding a parking space can be extremely challenging," Cate said."My office has unwaveringly supported the small businesses in this hub for Asian cuisine and culture. To ensure this community project came to fruition, we spent countless days working side-by-side with business owners to ensure they were included in this process. Angled parking is the tip of the iceberg for the entire Kearny Mesa Community Plan process."Kearny Mesa was founded in 1937. Over the past eight decades, the commercially and industrially dense neighborhood has transformed into an iconic San Diego community, featuring the Convoy District, which recently formed a "Pan Asian Cultural District."Cate, in June of 2016, began the process of implementing angled parking in the Convoy District at the community's request. Two years later during his State of the District address, he announced the installation of 200 angled parking spaces would immediately begin.A total of 190 angled parking spaces have been added in the neighborhood, including 45 on Dagget Street, 80 on Vickers Street and 65 on Opportunity Road.The existing community plan for Kearny Mesa has not been updated since 1992. For the past two years, the San Diego's Planning Department has led the Kearny Mesa Community Plan update to determine how Kearny Mesa will develop in the future. The City Council will consider updating the plan at its Tuesday meeting. 1678

SAN DIEGO (CNS) -- San Diego Comic-Con announced its “Comic-Con@Home” event will take place on the originally scheduled dates, July 22-26, and the event will be entirely free.After canceling its in-person events at the San Diego Convention Center in April due to “circumstances involving the COVID-19 pandemic and California’s restrictions against large gatherings,” Comic-Con had teased about home events for weeks, finally revealing this week some sense of what that will entail."For the first time in our 50-year history, we are happy to welcome virtually anyone from around the globe," said SDCC spokesperson David Glanzer. "Though stay-at-home conditions makes this a very difficult time, we see this as an opportunity to spread some joy and strengthen our sense of community."RELATED: San Diego Comic-Con 2020 canceled due to pandemicAn online exhibit hall will still sell merchandise, and multiple panels and presentations about comics and popular culture will be available for attendees. Activities such as a masquerade and gaming competitions will also be available, and badges can be printed from home. There is no limit to the number of attendees.The full schedule of events has not yet been released, but according to an SDCC statement, "With Comic-Con@Home, SDCC hopes to deliver the best of the Comic-Con experience and a sense of its community to anyone with an Internet connection and an interest in all aspects of pop culture." 1452