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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 State will seek to extend its recent dominance over Pac-12 opponents when it plays at Colorado Saturday after both teams' original opponents couldn't play because of COVID-19 issues.The Aztecs are 5-1 against the Pac-12 since 2016, including victories over Stanford in 2017 and Arizona State in 2018, who were both ranked in The Associated Press Top 25, and UCLA last season, San Diego State's first over the Bruins after 21 losses and a tie.The game matches the Aztecs' defense that is third among Football Bowl Subdivision teams allowing 269.4 yards per game against the Buffaloes' offense, 12th in the FBS in scoring, averaging 41.5 points.Colorado is 2-0 under first-year coach Karl Dorrell, a 1982 graduate of Helix Charter High School in La Mesa.San Diego State's scheduled game Friday at Fresno State was canceled Sunday due to COVID-19 contact tracing within the Bulldogs' program. The Mountain West Conference declared the game a no-contest and has no plans to reschedule it, conference officials said Sunday.The Buffaloes' scheduled game at USC was canceled Thursday by the Pac- 12 and declared a no-contest because USC did not have the minimum number of scholarship players available at a specific position group as a result of a number of positive COVID-19 cases and the resulting isolation of additional players under contact tracing protocols.As a contingency, Colorado athletic director Rick George earlier this week coordinated with his counterpart at San Diego State, John David Wicker, for the Aztecs to visit Boulder in case the issues that had arisen with USC did not improve or worsened."It is unfortunate that our game at Southern California had to be canceled, but as we all continue to maintain, the most important concern we all have is the health and safety of our student-athletes, coaches and staff," George said."After the Pac-12 CEO's created some requirements for possible non-conference opponents to fill any vacancies created by cancellations, we moved earlier this week to find a possible opponent to replace the Trojans. When San Diego State's game at Fresno State was canceled for similar reasons, I spoke with John David and we put an agreement in place if USC could not play."The game will be the season's first non-conference game for a Pac-12 team.The Pac-12 announced Nov. 19 that its CEO Group approved non-conference games, reversing a previous decision. The conference set the following criteria for a non-conference football opponent to be scheduled by a Pac-12 football team:All Pac-12 testing and related protocols must be adhered to by the non-conference opponent;the non-conference game will in all cases be a home game for the Pac-12 team, broadcast by a Pac-12 television partner; andif a Pac-12 opponent becomes available by the end of day Thursday in any given week, the conference game must be played in lieu of any non- conference game.Scheduling the Aztecs (3-2) means the Buffaloes will not be idle on consecutive weekends. Their planned game last Saturday against Arizona State was canceled due to COVID-19 issues in the Sun Devils' program.San Diego State lost to Colorado, 34-14, in the only game between the two teams on Sept. 7, 2002, in Boulder. 3244

SAN DIEGO (CNS) - The San Diego City Council voted Monday to place two ballot measures on the March 2020 ballot, including a hotel tax hike that would fund a convention center expansion, homeless services and infrastructure improvements.The tax increase proposed by San Diego Mayor Kevin Faulconer would raise the city's transient occupancy tax from 10.5% to as high as 15.75% in certain areas of the city, which supporters argue would reap an estimated billion over 42 years.The funding would allow the city to purchase a parcel of land adjacent to the convention center that is currently owned by Fifth Avenue Landing. Once it purchases the land, the city would expand the convention center by roughly 400,000 square feet, from roughly 800,000 square feet to about 1.2 million square feet.RELATED: Hotel tax increase proposed for San DiegoThe land cost is expected to be roughly million, part of an estimated allocation of .5 billion for the purchase and convention center upkeep and marketing. Roughly .8 billion of the initiative's remaining revenue would fund the city's homeless services and shelters, while 1 million would be allocated for repairs to the city's network of roads."This is a measure that is being supported by the lodging industry and is willing to tax its own customers to ... help support homelessness in our community and to help with our infrastructure," San Diego Tourism Authority COO Kerri Kapich said.Voter rights groups and several council members urged that the measure be placed on the November ballot in lieu of the March primary ballot, when turnout is expected to be lower. The council ended up voting 5-4 in favor of placing the measure on the March ballot to ensure it goes in front of voters as soon as possible.RELATED: San Diego city council approves .9 billion homelessness planThe council also unanimously voted to place a measure authored by City Councilman Scott Sherman on the March ballot that would shift the responsibility for the city auditor appointment process from the mayor's office to the council's Audit Committee. Currently, the mayor appoints a city auditor candidate to serve a 10-year term."The city auditor is vital to holding city administration accountable and ensuring taxpayer dollars are spent properly," Sherman said in a statement. "The administration shouldn't be in charge of choosing who is overseeing the administration. This ballot measure will help ensure this important position is truly independent."Under the proposed measure, the Audit Committee would recruit and choose three candidates for the city auditor position. The council would then choose one of the three candidates to serve as the city auditor for a pair of five-year terms.Since the position was established in 2009, the city has only had one official city auditor, Eduardo Luna, who served nearly all of his term before leaving for a similar position with the city of Beverley Hills in October 2018.Sherman, the Audit Committee chair, proposed the measure after Faulconer appointed DeeDee Alari, a deputy director in the city treasurer's office, to the position in July. Alari has yet to be confirmed. 3167

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 local U.S. Attorney's Office announced Monday that one of its prosecutors will oversee efforts to handle complaints of voting rights abuses and election fraud in the Southern District of California, which includes San Diego County.Assistant U. S. Attorney Christopher P. Tenorio has been appointed to serve as the District Election Officer for the region. Tenorio will oversee local reports of potential election fraud and voting rights violations through Election Day, in consultation with Justice Department headquarters in Washington, D.C."Every citizen must be able to vote without interference or discrimination," U.S. Attorney Robert Brewer said. "The Department of Justice is committed to protecting the integrity of the election process, stopping fraud, and making sure votes are not stolen."Tenorio will be on duty when the polls are open, according to the U.S. Attorney's Office, and members of the public can reach him by calling 619-909-7556.Additionally, the FBI will have special agents and an Election Crimes Coordinator available in field offices throughout the country to hear reports of potential fraud and other crimes related to the election. The public can contact the San Diego FBI at 858-320-1800.Any cases of violence or active intimidation should be reported by calling 911, however.Brewer said, "Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available to my office, the FBI or the Civil Rights Division." 1635

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