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SAN DIEGO (CNS) - A Julian man was behind bars Tuesday on suspicion of fleeing after the car he was driving struck and fatally injured a bicyclist on a rural road east of El Cajon.Craig Wendell Nelson, 56, was heading east on Dehesa Road near Singing Hills Golf Course when his 1993 Mitsubishi Mirage veered into a bike lane east of Willow Glen Drive and hit Kevin Wilson of La Mesa from behind about 10:45 a.m. Monday, according to the California Highway Patrol.Medics took Wilson, also 56, to Sharp Memorial Hospital in San Diego, where was pronounced dead.Following the crash, Nelson allegedly kept driving to the east and south before pulling over on Sloane Canyon Road and fleeing on foot, CHP public- affairs Officer Travis Garrow said.Officers eventually found the abandoned vehicle, and a helicopter search crew spotted Nelson in a nearby brushy area. He was arrested and booked into San Diego Central Jail on suspicion of vehicular manslaughter and hit-and- run.Nelson was being held on ,000 bail pending arraignment, tentatively scheduled for Thursday afternoon. 1083

SAN DIEGO (CNS) - Barrels holding an unknown substance were found on a Rancho Pe?asquitos sidewalk today, and San Diego Fire-Rescue investigators were looking into it.The unidentified drums were found unattended around 9:30 a.m. on Kika Court near Mercy Road.Hazmat crews took samples from the drums but were unable to determine what substance was inside, San Diego Fire-Rescue spokesman Jose Ysea said.Investigators left the scene, and a contractor was called in to remove and dispose of the material. 510

SAN DIEGO (CNS) - A woman accused of causing the death of a 74-year-old man in her care by withholding food from him over the course of several years was ordered to stand trial today on murder and other charges that could have her facing life imprisonment.Shirley Montano, 52, is accused of causing the Oct. 7, 2016, death of Robert Chagas, who died at Sharp Memorial Hospital of pneumonia, which prosecutors argue was exacerbated by severe malnutrition. Montano is additionally charged with kidnapping, elder abuse, false imprisonment, identity theft and perjury for allegedly limiting meals and keeping Chagas and an elderly woman essentially captive at the defendant's apartment, while spending the senior citizens' Social Security benefits for personal use.Deputy District Attorney Rebecca Zipp said the weight of both Chagas and the woman, Josefina Kellogg, ``plummeted once in (Montano's) care.'' Chagas was ``emaciated'' when he was brought into the hospital, where he died five days later. Montano, who allegedly posed as his niece, told medical personnel that Chagas did not wish to be resuscitated, according to testimony. Chagas' family members were only notified of his hospitalization after his death, they testified. ``She took on the duty of care and responsibility for his well-being, and that care fell so woefully short that he died in part due to inadequate nutrition,'' Zipp told San Diego County Superior Court Judge Esteban Hernandez at the conclusion of the week-long preliminary hearing.The prosecutor alleged that Chagas and Kellogg were kept isolated from others who lived with Montano and confined to their respective bedrooms. Montano's niece, who stayed with the defendant for about a year, said 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.Others who resided at Montano's apartment or visited the home were offered various explanations for Chagas and Kellogg's presence, including that Kellogg was Montano's sister or Chagas' wife, 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.Zipp said that Kellogg ``had no agency'' and would not even eat without Montano's permission, even when the defendant was in custody. Following Montano's arrest, she phoned her downstairs neighbor from jail and asked her to go into her unit to bathe Kellogg. The neighbor testified that she was reduced to tears upon seeing Kellogg's skeletal figure, and that the senior would not leave the apartment until the neighbor lied and said she had called Montano and received her permission. Kellogg also did not allow the had called Montano and received her permission. Kellogg also did not allow the to strike Kellogg -- because she feared moving the utensil might anger Montano, the neighbor testified.Zipp alleged that while keeping the seniors under her thumb, Montano spent their monthly benefits for personal purposes such as a new truck and frequently gambling their funds away at local casinos.``There is one person whose needs and wants she considered, and that are those of the defendant,'' Zipp said. Montano's attorney, Shannon Sebeckis, argued there was no evidence that Chagas' malnutrition was caused by Montano, and was not 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 he 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 this 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 in the past, 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 plenty of her 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.Sebeckis said it was ``pure speculation and conjecture'' that Montano didn't use the seniors' funds to pay for their basic needs. Hernandez said the murder charge was the most difficult for him to rule on, but said that the totality of circumstances held Montano culpable in Chagas' death, saying the seniors ``basically wasted away while in her care.''Montano is being held on million bail and will return to court April 11 for a Superior Court arraignment. 5423

SAN DIEGO (CNS) - A man who beat his estranged wife to death with a commemorative baseball bat as she delivered food to him at his City Heights apartment was sentenced Friday to 16 years to life in state prison.Dana Marion Davis, 56, pleaded guilty at an earlier hearing to second- degree murder in the death of April Davis, his spouse of more than 30 years and the mother of his six children.The defendant beat the 51-year-old victim with a wooden bat on the afternoon of Oct. 7, 2017, then prevented a family member and police from entering the apartment, said Deputy District Attorney Stephen Marquardt. When officers finally gained entry, she was found dead on the floor.Davis told Judge Michael Smyth that he was remorseful for killing the mother of his children."She didn't deserve this," the defendant said before he was sentenced.To his children -- three of whom were present in court -- Davis said, "I am deeply sorry for the pain I have caused you."A psychologist determined the defendant suffered childhood development trauma that affected his relationship with his wife, Deputy Public Defender Amy Hoffman told the judge.When talking to police after the murder, Davis was "clearly in shock" as to what happened, Hoffman told the judge. The attorney said alcohol was involved in the fatal encounter.According to Marquardt, the defendant was on probation for domestic violence when he killed his wife. The two had been living apart.The prosecutor said the defendant had been violent with the victim in the past, having been convicted of misdemeanor domestic violence in 1994 and 2016.When the defendant was convicted of punching his wife in the head in 2016, he was also prosecuted for choking his teenage daughter, Marquardt said. 1749

SAN DIEGO (CNS) - A San Diego federal judge has again denied a Chula Vista church's request to challenge the state's COVID-19-related restrictions on indoor worship services.South Bay United Pentecostal Church, which lost a challenge to the restrictions earlier this year when the case went before the U.S. Supreme Court, filed an amended complaint this summer in its ongoing lawsuit arguing that California's restrictions on indoor services and singing are unconstitutional.U.S. District Judge Cynthia Bashant, who denied the church's request for a preliminary injunction in May, also denied South Bay United's latest request in a written order signed Wednesday.Bashant echoed much of her previous reasoning in denying the church's request, though South Bay United's latest complaint and her ruling took into account the shifting state of the virus locally.South Bay United argued in court papers that the state's "scientific pronouncements" are "largely baseless," as by "all reasonable scientific measurements," the COVID-19 health emergency "has ended."Bashant disagreed with the church's assessment of the current picture, and wrote that limitations to indoor worship attendance do not restrict one's ability to attend religious gatherings, as long as they are held outdoors.The judge wrote that the current COVID-19 situation in San Diego County holds that worship services may be held outdoors, with singing and chanting permitted. Indoor worship is limited to 100 people or 25% of building capacity -- whichever is fewer -- with singing and chanting prohibited.The church has argued that outdoor worship and services held over video-conferencing are "inadequate substitutes" and that the public health orders prohibit the church "from holding the services mandated by scripture."It also argued that California arbitrarily allowed certain sectors considered essential to stay open and conduct indoor operations, while discriminating against religious institutions.Bashant disagreed that public health officials have shown a pattern of discriminatory enforcement of COVID-19 health orders against religious institutions.She wrote that through Aug. 26, the county served 10 cease-and-desist orders or compliance letters to businesses or other entities, three of which were places of worship.Additionally, she wrote that through Aug. 26, 144 citations were issued for health order violations, none of which were to places of worship or people engaged in religious services. 2485