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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 City Councilman Chris Cate urged prosecutors Friday to take a zero-tolerance stance on predatory scams involving fraudulent checks, particularly amid the COVID-19 pandemic when people may be especially susceptible to fraud.In a letter sent Friday to California Attorney General Xavier Becerra, the councilman suggested removing the possibility of prosecuting Penal Code 476 -- which makes creating or passing a fake check a crime -- as a misdemeanor, increasing the fine amount and maximum jail sentence for those found guilty, and assigning additional Department of Justice resources to investigate check fraud complaints.The councilman wrote that scams in the form of fake check deposits "are becoming widespread in Southern California and are causing our most vulnerable to lost thousands of dollars they cannot afford."Cate said one such fraudulent check was recently received by one of his staff members, which appeared authentic and bore the name of a "legitimate financial institution."He said he worried that with high unemployment rates amid the pandemic, people would be more likely to fall prey to scams of this sort."Taken as a whole, these measures will send a clear message to those who would attempt to prey on the most vulnerable and susceptible in our society that California stands with consumers and will not tolerate this fraudulent conduct," Cate wrote.A copy of Cate's letter, which features examples of a fraudulent check and typical accompanying letter from a supposedly legitimate company, can be viewed at https://www.sandiego.gov/sites/default/files/predatory_check_scam_enforcement.pdf. 1650

SAN DIEGO (CNS) - Police today were investigating the death of a man found lying in the middle of a Rancho Bernardo road.Dispatchers received a call about 11:55 p.m. Thursday from a person who reported seeing a person down in the road near the intersection of Cresta Drive and Sonora Road, just south of Rancho Bernardo Road, San Diego police Sgt. Michael Stirk said.Firefighters responded to the area, found the man and pronounced the victim dead at the scene, Stirk said.Investigators were attempting to determine if the man was hit by a car or suffered a medical emergency, Stirk said.The San Diego County Medical Examiner's Office was called to the scene and will perform an autopsy to determine the cause of death.Anyone with information regarding the death was asked to call San Diego County Crime Stoppers at (888) 580-8477. 839

SAN DIEGO (CNS) - The remaining sailors from the San Diego-based USS Theodore Roosevelt who stayed ashore in Guam following a COVID-19 outbreak aboard the carrier will fly back to the United States starting Friday, according to the Navy.The carrier resumed its scheduled deployment in the Indo-Pacific last Thursday, though a few hundred sailors remained in Guam to continue receiving medical care. The Navy says those service members will take military flights to the U.S., where they will be required to complete a two-week "restriction-of- movement sequester" either at home or at facilities on base at their home station.The ship originally departed San Diego on Jan. 17 for a deployment, but was diverted to Guam on March 27 when the COVID-19 outbreak took hold, ultimately infecting more than 1,100 sailors, and killing one, Chief Aviation Ordnanceman Charles Thacker, 41.The ship's commanding officer, Capt. Brett Crozier, made a publicized plea for assistance from Navy leadership in a letter that was leaked to the press, leading to his removal from command of the ship.While many have called for his reinstatement, the Navy has stated that its investigation into the circumstances behind the letter's leak is ongoing. Crozier has since been reassigned to the Naval Air Forces in San Diego, while Thomas Modly, the former Acting Secretary of the Navy who fired Crozier, resigned after he criticized Crozier to the ship's crew in a speech that was leaked online.The ship briefly went to sea June 2 to complete carrier qualifications before returning to Apra Harbor in Guam two days later to pick up around 1,000 sailors.Navy officials said the carrier now operates with new COVID-19 standard operating procedures, which modifies how crew members move through the ship, expands meal hours and establishes new social distancing procedures."The crew humbly prepared to go back to sea, they had a job to do, and they did it without hesitation," said the ship's commanding officer, Capt. Carlos Sardiello. "We have returned Theodore Roosevelt to sea as a symbol of hope and inspiration, and an instrument of national power because we are TR." 2153

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

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