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SAN DIEGO (CNS) - The caregiver for a 74-year-old man who died in her care and another senior who were both involuntarily locked away at her various San Diego residences was sentenced Friday to 13 years in state prison.Shirley Montano, 53, pleaded guilty earlier this year to charges of voluntary manslaughter, false imprisonment of a dependent adult and perjury.A murder charge stemming from the death of Robert Chagas was dropped under the plea agreement.RELATED: Woman to stand trial for senior's death, abuse of elderly womanProsecutors alleged the defendant withheld food from Chagas and Josefina Kellogg, 61, causing their health to deteriorate over the course of several years, during which she moved often and relocated them, as well.Chagas died Oct. 7, 2016, at Sharp Memorial Hospital of pneumonia, which prosecutors argued was exacerbated by severe malnutrition he suffered under Montano's care.While the victims lived with Montano, she used their social security checks and other government benefits to buy herself a truck, among other personal purchases, and gambled away their money at local casinos, according to prosecutors.Testimony from Montano's 2019 preliminary hearing indicated Chagas and Kellogg were kept isolated from others and were confined to their respective bedrooms. Montano's niece, who stayed with her for about a year, testified 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.RELATED: La Jolla man arrested for assaulting elderly woman in Morro Bay, police sayOthers who resided at Montano's apartment or visited were offered various explanations for the presence of the victims, 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.Chagas was "emaciated" when he was brought into the hospital, where he died five days later, prosecutors said.RELATED: Woman sentenced for defrauding 86-year-old auntAt the hospital, Montano posed as Chagas' niece and told medical personnel that he did not wish to be resuscitated, according to testimony. Chagas' family members were only notified of his hospitalization after his death, they testified.Montano's attorney, Shannon Sebeckis, argued at the preliminary hearing there was no evidence that Chagas' malnutrition was caused by her client, and instead was 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 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 that 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, 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 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.The defense attorney also said it was "pure speculation and conjecture" that Montano didn't use the seniors' funds to pay for their basic needs. 4151

SAN DIEGO (CNS) - The San Diego Planning Commission Thursday recommended approval of Riverwalk San Diego project, a proposed transit-oriented neighborhood development along the San Diego River in Mission Valley.International real estate firm Hines has proposed the 200-acre project, which is intended to transform the existing Riverwalk golf course into a neighborhood as well as restore the stretch of the San Diego River that runs through it.The proposal will head to the San Diego City Council on Nov. 17. According to Hines, if it is approved, the company plans to break ground during the second half of 2021.The Hines plan includes 4,300 homes -- 10% of which are planned to be affordable housing -- a Metropolitan Transit System Green Line trolley stop, 152,000-square-feet of retail space, 1 million square feet of office space, 100 acres of parks and new bike and pedestrian paths, including an extension of the San Diego River Trail."I think it could be something to set the standard for what transit- oriented development can look like," said San Diego Planning Commissioner Vicki Granowitz.The Riverwalk plan, established through a partnership between Hines and the Levi-Cushman family landowners, incorporates community input gathered over several years by the Hines team in nearly 100 stakeholder and community planning group meetings."We appreciate that the planning commissioners recognized the extensive community outreach and collaboration that helped form our plan and the care we're taking to create an environmentally responsible, transit- oriented legacy project for San Diego," said Eric Hepfer, managing director at Hines.The planning commission recommended approval by a vote of five in favor, with one abstention and one commissioner absent. 1774

SAN DIEGO (CNS) - The California Highway Patrol is reporting no fatalities and 26 drunk driving arrests in San Diego County for the Labor Day weekend period of 6 p.m. Friday to 6 a.m. Sunday.Last year for the same period, there were 40 DUI arrests and no fatalities in the county, according to the CHP.Across California, the CHP reported 551 DUI arrests and 18 fatalities for the same period. Last year, they reported 717 DUI arrests and 11 fatalities.The DUI arrests are only those made by CHP officers, while fatality statistics are for all law enforcement agencies.Statewide, 13 vehicle occupants were killed in CHP jurisdiction, six without safety belts. There were four motorcyclists killed in CHP jurisdiction, one without a helmet.The CHP investigates all crashes on freeways, and on all roads in unincorporated areas. 833

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) - San Diego County students' performance on standardized tests in English and math mostly held steady from the previous year, according to scores released Wednesday by the California Department of Education.The performance of San Diego County students on the California Assessment of Student Performance and Progress tests generally surpassed that of students statewide, according to the department. The CAASPP tests were administered in the spring to more than 3 million students across the state in grades 3-8 and 11. In San Diego County, 26.45% of the more than 250,000 students who took the tests exceeded the state standard in English, up slightly from 25.79 percent the previous year. According to the state, 30.1% met the standard, down slightly from 30.46% last year; 20.89% ``nearly'' met the standard, down slightly from 20.93% last year; and 22.55% failed to meet it, down from 22.82% the previous year. In math, 23.45% exceeded the standard, 21.6% met it, 24.84% nearly met it and 30.12% failed to meet it. The percentages from the previous year were 22.52%, 21.76%, 25.37% and 30.36%, respectively. Statewide, 22.23% exceeded the standard in English, while 28.64% met it, 22.4% nearly met it and 26.73% failed to meet it. In math, 19.69% exceeded the standard, 20.04% met it, 25.41% nearly met it and 34.86% failed to meet it. The statewide scores were all also moderately improved from the previous year. State Superintendent of Public Instruction Tony Thurmond acknowledged the overall improvement, but said he was concerned that gains were less consistent in later grades of 7, 8 and 11, while performance continues to lag among some students of color. ``Disparities between students of color and their white and Asian peers continue from year to year and demonstrate the importance of our priority initiative of closing the achievement gap,'' Thurmond said in a statement. ``Education equity should mean equity for all students and right now, we are not there. All students should have an equal opportunity to succeed academically and enter the workforce prepared with the needed skills to compete in the industries that drive our state forward.'' 2188