Closing arguments for man in fire deaths of mother and sister - CBS News 8 - San Diego, CA News Station - KFMB Channel 8

Closing arguments for man in fire deaths of mother and sister

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SAN DIEGO (CNS) - A Mira Mesa man should be convicted of murder, attempted murder and arson for setting a fire in his home that killed his mother and sister and sent a male roommate running into the street with just the clothes on his back, a prosecutor told a jury Wednesday.

Thongsavath Sphabmixay, 46, faces life in prison without parole if convicted of murder and special circumstance allegations of murder by arson and multiple murders in the deaths of 69-year-old Bouakham Sphabmixay and 48-year-old Pamela Sphabmixay.

Deputy District Attorney Nicole Rooney told the jury in her closing argument that the defendant set the 1:30 a.m. fire on a second-floor loft outside the victims' bedroom after they had gone to bed on April 4, 2013.

The roommate was able to escape the flames, but Sphabmixay's mother and sister weren't able to get out and died a day later of smoke inhalation.

"He (the defendant) lit a fire that blocked everybody in," Rooney told the jury.

The prosecutor said the defendant made no attempt to save his mother and sister, fled the scene in his car, returned an hour later and was arrested.

A lighter was found in his pocket, gas was found on his clothes, and his DNA was located on a gas can in the burned home, Rooney said.

Defense attorney Richard Gates said law enforcement failed to collect evidence in the case and rushed to a judgment that Sphabmixay set the fire.

Gates said police didn't collect the roommate's clothing or check whether Pamela Sphabmixay -- a diagnosed schizophrenic -- was taking her medication.

"You don't know who set the fire," Gates told the jury.

The male roommate testified that Sphabmixay argued often with the victims, but they spoke a different language so he didn't know what they were saying.

Jury deliberations were under way this afternoon in the courtroom of Judge Louis Hanoian.

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