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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 Cajon Valley Union School District has joined 17 other California school districts in filing lawsuits against Juul for marketing its e-cigarettes and related products to children, attorneys said Tuesday.The suit is one of several recently filed against the San Francisco- based vaping company, which could not immediately be reached for comment regarding the litigation.Cajon Valley Union's suit is one of three filed by San Diego County school districts, joining San Diego and Poway Unified.RELATED: San Diego Unified School District suing JUULThe lawsuits allege negligence and nuisance on the part of Juul, claiming its advertising campaigns targeting young people have caused an e- cigarette "epidemic," which has "severely impacted" the school districts by interfering "with normal school operations."The school districts are also seeking compensatory damages to offset financial losses the districts allege resulted from vaping-related student absences, as well as extensive costs the districts incurred to establish outreach and education programs regarding vaping and enforcement infrastructure such as vape detectors, surveillance systems and extra staff to monitor e- cigarette use among students."The youth vaping epidemic created by Juul has significant costs," said John Fiske, shareholder for plaintiff's attorneys Baron & Budd. "These 18 school districts represent and serve over 1 million students and have taken on an extreme financial burden in order to try and stop the pervasive vaping on their campuses and keep their students safe."RELATED: California sues e-cigarette maker Juul over ads, youth salesPlaintiffs' attorneys claim Juul controls more than 70 percent of the e-cigarette market, and has grown rapidly due to targeting school-age children."Holding Juul accountable for its deceitful marketing practices targeting our youth is the first of many steps in rectifying the damage created by the e-cigarette manufacturer," said Rahul Ravipudi, partner at law firm Panish, Shea and Boyle, LLP. "We're ready to see this fight through until justice is served." 2118

SAN DIEGO (CNS) - The California Highway Patrol is today investigating a fatal freeway crash in San Diego, authorities said.As of 3:35 a.m., multiple CHP units were still at the scene of the traffic collision in San Diego that shut down the five right lanes of the westbound Mission Valley (8) Freeway east of Mission Gorge Road and Fairmount Ave, according to a CHP dispatcher.At least one person has died, she said. The collision was reported at 12:40 a.m.The San Diego Fire Department had arrived on scene by 1:35 a.m., authorities said.Just before 5 a.m. CalTrans announced it had reopened all lanes. 612
SAN DIEGO (CNS) - San Diego County public health officials reported 603 new COVID-19 cases and nine additional deaths Saturday, raising the region's totals to 26,701 cases and 533 deaths.Officials said five men and four women died between July 11 and July 24 and their ages ranged from 60 to 93. All but one had underlying medical conditions.The county reported a record 16,429 diagnostic tests Friday, 4% of which returned positive. The 14-day rolling average of positive tests is 5.8%. The target set by California is less than 8%. The 7-day daily average of tests is 9,406.DATA: San Diego County coronavirus case trackerOf the total positive cases, 2,364 -- or 8.9% -- required hospitalization and 606 -- or 2.3% -- were admitted to an intensive care unit.One new community setting outbreak was reported Friday in a business. In the past seven days, 11 community outbreaks were confirmed. The number of community outbreaks is above the trigger of seven or more in seven days. A community setting outbreak is defined as three or more COVID-19 cases in a setting and in people of different households.Cal State San Marcos sent an advisory to students and staff Thursday evening notifying them that two employees who were working on campus have tested positive for COVID-19."One individual was last on campus on July 16 and the other individual on July 17," the advisory said. "Both are in self-isolation following public health protocols, as are people with whom they have had close personal contact."RELATED: Some San Diego churches plan to host indoor services this weekend despite restrictionsAs a result of numbers that continue to rise, Supervisor Greg Cox announced Wednesday that San Diego County was starting a Safe Reopening Compliance Team that will provide assistance to businesses and residents not in compliance with public health orders. The team's exact powers were not clear."This is a carrot approach, not a stick," Cox said. "But we still have the stick and other tools to ensure compliance."Supervisor Nathan Fletcher said the team would enable the county to step up enforcement on "egregious violations" -- but the details on that enforcement were also unclear. Officials were reaching out to the various cities and communities in the county to collaborate on solutions."This is out of an effort to keep our businesses open, not to close them," Fletcher said.RELATED: Living with someone who has tested positive for COVID-19From July 13 to July 19, the county also reported its most hospitalizations, 163, and the most deaths, 56, in any one-week span since COVID-19 began spreading in the United States in March."We implore you to not wait for someone you care about to lose the fight against COVID-19 before you take action," Dr. Wilma Wooten, the county's public health officer, said Monday. She said the recent spike in cases began to occur after bars, hotels and gyms reopened June 12.The last metric the county has failed to maintain is the percentage of cases that have been handled by a contact investigator within 24 hours of being reported. There are more than 500 investigators employed by the county, and although 98% of all cases had been investigated in that time frame as recently as June 25, that rate had dropped to 9% as of Wednesday.Wooten said that in response, the county is attempting to hire more contact investigators, with 212 in the hiring process. 3403
SAN DIEGO (CNS) - The California Supreme Court ruled this week that a San Diego court must re-examine its decision to allow a criminal defendant to subpoena Facebook to obtain private social media posts and messages he alleged would help him in his defense.The ruling issued Thursday laid out a series of factors for the trial court to consider when weighing whether to allow the defendant to gain access to his alleged victim's restricted posts and private messages.The ruling stems from the criminal case of Lance Touchstone, a Northern California man charged with attempted murder for allegedly shooting his sister's boyfriend in Ocean Beach in 2016.Touchstone sought to obtain information from the victim's Facebook posts that the defendant alleged would show his accuser was a violent person, bolstering a self-defense claim.A San Diego Superior Court judge ruled in Touchstone's favor and ordered Facebook to release the information, leading to subsequent appeals.In an opinion authored by Chief Justice Tani G. Cantil-Sakauye, she wrote that the trial court should consider a list of seven factors to consider when deciding whether good cause has been shown to grant the subpoena.These "Alhambra factors" include whether the defendant has shown a "plausible justification" for acquiring the information and whether acquiring the material violates a third party's confidentiality or privacy rights, among others.While the state Supreme Court declined to make its own determination on the subpoena's viability, it ruled for the trial court to re-examine the subpoena issue in light of these factors.Touchstone's attempted murder trial in San Diego remains pending for a date still to be determined, as courts remain closed to the public and jury trials have been delayed indefinitely due to the COVID-19 pandemic. 1826
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