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SAN DIEGO (CNS) - Military officials are preparing to transfer the remains of seven U.S. Marines -- including one from Montebello -- and a Navy sailor to Dover Air Force Base in Delaware over the next few days to be prepared for burial.The remains were recovered Friday after the Marines went missing near San Clemente Island when their amphibious vehicle sank during a training mission last month."Our hearts and thoughts of the 15th Marine Expeditionary Unit are with the families of our recovered Marines and Sailor," said Col. Christopher Bronzi, commanding officer of the 15th Marine Expeditionary Unit. "We hope the successful recovery of our fallen warriors brings some measure of comfort."Marine and Navy pallbearers will place the remains aboard an aircraft bound for Dover AFB in a solemn transfer, officials said. From Dover AFB, their remains will be released to their families in accordance with their wishes.RELATED: Remains of missing Marines and Sailor recoveredThe transfer of remains will not be open to the public.A group of service members and supporters went on an 8-mile hike Saturday morning in Carlsbad to honor the Marines and sailor.The U.S. military announced Tuesday it had located the amphibious assault vehicle that sank last week off the coast of San Diego County, killing the nine young servicemen, and confirmed the presence of human remains where the vessel came to rest on the sea floor.The naval Undersea Rescue Command made the discovery near San Clemente Island on Monday using video systems remotely operated aboard the HOS Dominator, a merchant vessel whose crew specializes in undersea search and rescue.The amphibious troop-transport vehicle was en route to a waiting ship during a maritime training mission about 80 miles west of Encinitas when it foundered for unknown reasons about 5:45 p.m. July 30, according to Lt. Gen. Joseph Osterman, commanding general of the 1st Marine Expeditionary Force.The 26-ton vessel went down roughly 1,600 yards from a beach on the northwest side of the island in water nearly 400 feet deep.Seven members of the Camp Pendleton-based crew survived the accident. Medics took two of them to Scripps Memorial Hospital La Jolla, where both were admitted in critical condition. One was later upgraded to stable condition.The other five rescued Marines received clean bills of health and returned to their units.Pronounced dead at the scene of the accident was Lance Cpl. Guillermo S. Perez of New Braunfels, Texas. Perez, 20, was a rifleman with Bravo Company, Battalion Landing Team 1/4, 15th Marine Expeditionary Unit.The 15th MEU, I MEF and Makin Island Amphibious Ready Group searched in vain for nearly two days for more survivors or their bodies, finally concluding the operation Aug. 1 after 40 hours of scanning some 1,325 square miles of water by sea and air.The other lost service members have been identified as:-- Lance Cpl. Marco A. Barranco, 21, of Montebello, a rifleman with Bravo Company, BLT 1/4, 15th MEU;-- Cpl. Cesar A. Villanueva, 21, of Riverside, a rifleman with Bravo Company, BLT 1/4, 15th MEU.-- Pfc. Bryan J. Baltierra, 18, of Corona, a rifleman with Bravo Company, BLT 1/4, 15th MEU;-- Pfc. Evan A. Bath, 19, of Oak Creek, Wisconsin, a rifleman with Bravo Company, BLT 1/4, 15th MEU;-- Christopher Gnem, 22, of Stockton, a Navy hospital corpsman with Bravo Company, BLT 1/4, 15th MEU;-- Pfc. Jack Ryan Ostrovsky, 21, of Bend, Oregon, a rifleman with Bravo Company, BLT 1/4, 15th MEU;-- Cpl. Wesley A. Rodd, 23, of Harris, Texas, a rifleman with Bravo Company, BLT 1/4, 15th MEU;-- Lance Cpl. Chase D. Sweetwood, 19, of Portland, Oregon, a rifleman with Bravo Company, BLT 1/4, 15th MEU; andCNS-08-09-2020 05:54 3719

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

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) - Again citing rising coronavirus hospitalizations and deaths over the past month, Gov. Gavin Newsom Thursday announced plans for a "regional stay-at-home order" that will be implemented in areas running low on intensive-care unit beds and force the closures of some businesses.The order would be triggered when ICU bed availability in a select region falls below 15%. Although no region met that criteria as of Thursday, Newsom said the Southern California region could meet it in a matter of days.Unlike the state's four-tiered coronavirus monitoring system, which grades every county individually, the new stay-at-home order will apply more broadly to five "regions" in the state: Southern California, the Bay Area, the greater Sacramento area, Northern California and the San Joaquin Valley."The five regions that we have highlighted, most of these, four out of the five, we anticipate as early as the next day or two ... that the greater Sacramento, Northern California regions, as well as San Joaquin Valley and Southern California region will have reached that 15% or less ICU capacity," Newsom said. "The Bay Area may have a few extra days -- our current projections suggest mid-, maybe late-December."The Southern California region includes Los Angeles, Orange, Riverside, San Diego, Imperial, Inyo, Mono, San Bernardino, San Luis Obispo, Santa Barbara and Ventura counties.Newsom stressed that ICU admissions due to COVID-19 have spiked by 67% statewide in recent weeks, in conjunction with a surge in cases that has also seen a disturbing rise in fatalities. He said the state reported just 14 deaths on Nov. 2, but now has had back-to-back days of 113 deaths, with nearly 1,000 fatalities in last four days."The bottom line is, if we don't act now, our hospital system will be overwhelmed," he said. "If we don't act now, we'll continue to see the death rate climb, more lives lost."When triggered, the stay-at-home order will be in place for three weeks and will bar gatherings of people from different households. Under the order, the following businesses/recreational facilities will be forced to close:indoor and outdoor playgrounds;indoor recreational facilities;hair salons and barbershops;personal care services;museums, zoos, and aquariums;movie theaters;wineries;bars, breweries, and distilleries;family entertainment centers;cardrooms and satellite wagering;limited services;live audience sports; andamusement parks.Schools with waivers will be allowed to remain open, along with "critical infrastructure" and retail stores, which will be limited to 20% of capacity. Restaurants will be restricted to takeout and delivery service only. Hotels would be allowed to open "for critical infrastructure support only," while churches would be restricted to outdoor-only services. Entertainment production -- including professional sports -- would be allowed to continue without live audiences.Some of those restrictions are already in effect in select counties.Newsom said the order is "fundamentally predicated on the need to stop gathering with people outside of your household, to do what you can to keep most of your activities outside and, of course, always ... wear face coverings, wear a mask."Newsom also noted that the state still has a travel advisory in place recommending against non-essential travel and urging people to quarantine when they return to the state. When the regional stay-at-home order is triggered, it will strongly urge residents to cancel any non-essential travel.Dr. Mark Ghaly, the state's Health and Human Services secretary, acknowledged there is no real mechanism for enforcing such a travel restriction, but the state will rely on public cooperation."We believe that really emphasizing this is what we hope our citizens will do because their communities are at particularly high risk, their hospitals are having difficulty keeping available ICU beds open, that people will restrict their travel statewide," he said.Newsom again said the state has 11 medical "surge" facilities on standby to open and provide hospital bed space. One of them, the ARCO/Sleep Train Arena in Sacramento, will open Dec. 9, and another is set to open in Imperial County.Included among the other nine surge centers that could be opened are the Fairview Development Center in Orange County, the Riverside County Fairgrounds, the vacant Sears building in Riverside and Palomar Medical Center in San Diego, Newsom said.The governor stressed that the pandemic emergency won't last forever."There is light at the end of the tunnel," he said. "We are a few months away from truly seeing real progress with the vaccine. ... We do not anticipate having to do this once again. But we all really need to step up. We need to meet this moment head on and we need to do everything we can to stem the tide, bend the curve and give us the time necessary by bending that curve to get those vaccines in the hands of all Californians all across the state."The governor's announcement was met with derision from some Republican lawmakers"Governor Newsom clearly doesn't understand that Californians are tired of being locked in their homes," Sen. Melissa Melendez, R-Lake Elsinore, said. "He has ignored the calls from parents with children falling behind socially and academically while his own children attend in-person private school. He is ignoring the cries from small business owners struggling to keep their dreams alive, desperately trying to avoid the over 19,000 businesses that have permanently closed."Senate Republican Leader Shannon Grove, R-Bakersfield, demanded that the governor provide scientific evidence supporting the stay-at-home order."Governor Newsom continues to disrupt life as we know it without releasing the full data behind his decisions or showing the impact his actions are having on our lives," Grove said. "With all the changing guidelines over the last nine months, evidence-based decision-making has to become the standard and not this hodgepodge approach advanced by the governor."But Sen. Dianne Feinstein, D-California, threw her support behind Newsom, saying skyrocketing case numbers make the action necessary."The last eight months have been difficult for everyone," she said. "The toll of this pandemic on families across the country has been devastating, and the mental, economic and social wellbeing of many Americans is suffering. But we must stay strong and do all we can to save lives. Together we will see it through." 6499

SAN DIEGO (CNS) - As part of its reopening plan amid the coronavirus pandemic, the San Diego Unified School District allowed some students facing severe challenges to return to in-person learning today, but a timeline for the district to reopen fully remains unclear.Phase 1 of the district's plan to reopen is to allow elementary school students ``who have been uniquely identified by their teachers as experiencing learning loss'' to have limited in-person appointments.Participation is voluntary and students who participate in the sessions will continue to receive online learning.On Tuesday, Lafayette Elementary School in the Clairemont Mesa neighborhood invited back 25 of the 27 students who were asked to return to in- person instruction -- many of whom are part of a deaf and hard-of-hearing program at the school.The district's Phase 1 includes a mandate for less than 20% capacity for rooms and for schools, half days to avoid groups eating at schools and a six-foot distancing everywhere on school grounds -- barriers or no barriers.This summer, San Diego Unified adopted standards developed in consultation with experts from UC San Diego. As a result, conditions for the district's reopening local schools are considerably stricter than state standards, and much stricter than various other school districts in the region that have opened for in-person learning.According to the district, all California Department of Public Health criteria has been met to a level where limited in-person classes are possible.The next stage will be when both state and county data fit the district's stricter metrics. That date is anyone's guess, leading to some frustration from parents.Parents and guardians in the ``Reopen SDUSD'' group said the district's current reopening plan was ``riddled with vague language that is a far cry from a comprehensive plan that families have been asking for.''With the criteria SDUSD has in place, it could be weeks or months until in-person school becomes more widely used. Even then, it's not a guarantee school will head back as soon as the numbers fit.In the Chula Vista Elementary School District, a push from Superintendent Francisco Escobedo to reopen the state's largest elementary school district for in person instruction on Oct. 26 was met with significant backlash from the Chula Vista Educators union.Susan Skala, the union representative, said collective action and possibly even a strike was on the table unless Escobedo and the administration backed down. Chula Vista is seeing higher-than-average numbers of COVID-19 cases and hospitalizations, and after parents, guardians and educators spoke at a town hall last week, the district relented, moving the new start date to sometime ``near the end of the year.''That example leaves San Diego Unified with a difficult path to walk during the continuing pandemic with public safety, education, unions and families all playing a part.The district has made efforts to make schools and sites safe, purchasing million in personal protective equipment and other safety equipment. It has also received some 200,000 masks in child and adult sizes from the state, along with 14,000 bottles of hand sanitizer. 3211