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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 average price of a gallon of self-serve regular gasoline in San Diego County rose today to its highest amount since New Year's Day, increasing three-tenths of a cent to .335.The average price has risen six of the past seven days, increasing 2.2 cents, including eight-tenths of a cent on Wednesday, according to figures from the AAA and Oil Price Information Service.The average price is 5.6 cents more than one month ago but 8.5 cents less than one year ago.Check 10News Traffic 511

SAN DIEGO (CNS) - The San Diego Metropolitan Transit System and North County Transit District will host the region's third "Free Ride Day" Tuesday, making all fixed-route bus and rail services free for everyone to use throughout San Diego County, ensuring residents are able to reach their polling place and exercise their right to vote."Free Ride Day this year has a different purpose than in past years," said Nathan Fletcher, MTS Board Chair and San Diego County Supervisor. "We are holding it on one of the most important days for our country -- Election Day. We want San Diego residents to have every opportunity to participate in our democracy. Free transit rides all day long will help do just that."Free rides will be honored on all MTS and NCTD fixed-routes services including buses, the trolley, Sprinter and Coaster. MTS and NCTD services will operate on a normal weekday schedule.Passengers will not need a Compass Card or valid fare for either system, but face coverings will continue to be required on board all MTS and NCTD vehicles and at transit facilities. Services not included during the Free Ride Day promotion are Amtrak Rail 2 Rail, MTS Access and NCTD LIFT paratransit."North County Transit District is a proud supporter of Free Ride Day because it's critical to our agency's effort to promote transit ridership and improve air quality," said Tony Kranz, NCTD Board Chair and Encinitas Councilman. "However, NCTD is honored this year to provide transportation at no cost to our residents on Election Day. These rides will help bridge the gap between where people live and where they can cast their vote on November 3."According to the transit agencies, one reason for hosting Free Ride Day on Election Day is that transit can help bridge the gap between where a voter lives and where they need to vote.The San Diego County Registrar of Voters will have fewer polling places than in prior elections, so many voters will be required to drop off or cast their ballot at a different location than they did for the primary election in March. There will be 235 "Super Poll" locations, down from approximately 1,600 polling locations during the primary."Free Ride Day coinciding with Election Day elevates access for all of our San Diego voters to get to their assigned polling place," said Michael Vu, Registrar of Voters. "We encourage voters to do their homework if they plan to vote at their polling place. Double-check the location because it may have changed, wear a face covering and mark your sample ballot in advance to quickly fill in the official ballot at the poll."Both MTS and NCTD have implemented new cleaning and sanitizing protocols and practices on vehicles and at transit stations. Vehicles are thoroughly cleaned and disinfected daily with CDC-approved solutions for COVID- 19. Disinfectant is applied to all hard surfaces and common areas that are routinely touched or used such as seats, seat backs, fare boxes, driver controls, all handrails, walls, and windows. 3011

SAN DIEGO (CNS) - San Diego County Treasurer-Tax Collector Dan McAllister reminded local residents today there is just one week remaining to reclaim more than 0,000 in tax refunds before the money enters the county's general fund.``The impacts of COVID-19 have left many families in need of money, so we want to return every cent available,'' McAllister said. ``Tell your friends, family, and coworkers to check the list on sdttc.com.''San Diegans can visit that website to see if their name is on the list of the 1,190 refunds that total 0,324. The average refund is 8.If a resident does find their name on the list, they can follow the instructions on the unclaimed money page to file a refund claim by October 26.If owed a refund, email the claim to refunds@sdcounty.ca.gov or call 1-877-829-4732 for more information. Anyone can sign up to receive emails when new unclaimed money lists are posted.``San Diegans have filed claims for only ,504 of this money since we posted the refund list in August, meaning 2,820 will be rolled over to the county's general fund if it is not claimed in the next week,'' said McAllister.The smallest refund amount available is , and the largest refund amount is ,111, owed to Amerus Life Insurance Co.Every year, the Treasurer-Tax Collector attempts to reunite San Diegans with money they have overpaid on taxes or fees. In the past five years, the office has refunded nearly 0,000.Current state law says countywide money that is unclaimed for three years and property tax refunds that are unclaimed for four years must be turned over to the county's general fund. 1632

SAN DIEGO (CNS) - San Diego County public health officials have reported 3,132 new COVID-19 infections -- the 27th consecutive day with more than 1,000 cases.On Sunday, there were no new virus-related deaths reported.Sunday was the 19th day with more than 2,000 new cases.Another 50 people also were hospitalized, according to Sunday's data, and another seven patients were sent to intensive care units.The county's cumulative cases increased to 145,779 and the death toll remained at 1,402.Ten new community outbreaks were confirmed on Saturday. There have been 60 confirmed outbreaks in the last seven days and 250 cases associated with those outbreaks.A community setting outbreak is defined as three or more COVID-19 cases in a setting and in people of different households over the past 14 days.A complete list of county COVID-19 testing sites, how to make appointments and hours can be found at www.sandiegocounty.gov/content/sdc/hhsa/programs/phs/community_epidemiology/dc/ 2019-nCoV/testing/testing-schedule.html.Though county officials advised residents to avoid holiday gatherings, anyone who participated in a gathering was urged to get tested, as well as people who recently returned from travel, people with any symptoms and people at higher risk for COVID-19, whether or not they display symptoms.In advising against holiday gatherings, San Diego County Supervisors Nathan Fletcher and Greg Cox pointed to a massive uptick in cases after Thanksgiving -- including the region's highest daily total coming three weeks after the holiday with 3,611 cases reported last Friday."We cannot ignore the reality that we are in a bad place right now," Cox said. "We're making a special plea to avoid large gatherings with those outside your immediate family. This one time, this one year."If people have already traveled, they should be extra cautious about spreading the virus, Cox said.According to Dr. Wilma Wooten, the county's public health officer, 44.1% of the county's cumulative cases have been reported after Thanksgiving. San Diego County is on pace to report another 600 deaths due to the virus before the end of January, she said."We don't want to see what happened after Thanksgiving happen again," Wooten said. "We must continue to stay apart to get the spread of the virus under control. If we don't, cases, hospitalizations and deaths will continue to soar."The 11-county Southern California region is still reporting zero available ICU beds. Current stay-at-home orders took effect at 11:59 Dec. 6, and were originally set to end on Monday. 2569

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