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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) - Police Friday identified a 44-year-old man who was found fatally wounded inside a vehicle in the Encanto area of San Diego.The man was identified as Gilbert Lee Johnson, of San Diego, the San Diego Police Department reported.Officers found Johnson about 7:40 p.m. Wednesday in the area of Varney and Theodore drives, said Officer Robert Heims of the San Diego Police Department.After police received multiple calls of gunshots heard in the area, officers reported finding him slumped over in the vehicle suffering from at least one apparent gunshot wound. Paramedics rushed him to an area hospital, where he was pronounced dead, said San Diego police Lt. Matt Dobbs."It appears the victim was in the area talking to an acquaintance when another vehicle pulled up near the victim. The suspect got out of his vehicle and fired several rounds at the victim," Dobbs said. "The suspect then got back into this vehicle and drove away.'The suspect was wearing dark clothing and seen driving westbound on Varney in a white four-door vehicle, he said.The San Diego Police Department's Homicide Unit urged anyone with any information regarding the shooting to call them at 619-531-2293 or Crime Stoppers at 888-580-8477. 1236

SAN DIEGO (CNS) - The remains of a 33-year-old Marine killed last week along with three fellow Miramar-based servicemen in a helicopter crash in Imperial County will arrive in San Diego Saturday in preparation for funeral services.Gunnery Sgt. Derik R. Holley of Dayton, Ohio, and his crew mates were taking part in training exercises near El Centro when the CH-53E Super Stallion they were aboard went down for unknown reasons on the afternoon of April 3. The cause of the crash is under investigation.Holley's body will arrive at San Diego International Airport late Saturday afternoon, then be transported via a military procession to a Mountain View- area mortuary, according to Laura Herzog, executive director of Honoring Our Fallen, a support group for families of military casualties.Also killed in the accident were Lance Cpl. Taylor J. Conrad of Baton Rouge, Louisiana; 1st Lt. Samuel D. Phillips of Pinehurst, North Carolina; and Capt. Samuel A. Schultz of Huntington Valley, Pennsylvania.The personnel, with Marine Heavy Helicopter Squadron 465, Marine Aircraft Group 16, 3rd Marine Aircraft Wing, had flown to the remote desert area from Strategic Expeditionary Landing Field at Marine Corps Air Ground Combat Center Twentynine Palms to practice making landings in unimproved terrain, according to USMC officials.Holley enlisted in the Marines in November 2003 and deployed to Iraq twice in support of Operation Iraqi Freedom, to Japan as part of the Unit Deployment Program and with the 15th Marine Expeditionary Unit.During his service, he received a Navy and Marine Corps Commendation Medal, Navy and Marine Corps Achievement Medal, Air Medal-Strike/Flight, and Navy and Marine Corps Good Conduct Medal.A ceremonial memorial service for Holley is scheduled for Tuesday at Marine Corps Air Station Miramar, Herzog said. 1842

SAN DIEGO (CNS) - The San Diego City Council voted unanimously Monday to amend an agreement between former Mayor Bob Filner and the developer Carmel Partners over the development of an apartment complex that drew criticism.The development's current owner, Trea Blvd63, LLC, sought to nullify the agreement, which required the development's owner to rent apartments to tenants by the room rather than by the bed. When it was being built in 2013, opponents of the apartment complex argued that it more closely resembled a dormitory rather than the luxury units it was billed as.``I applaud my council colleagues for correcting these corrupt mistakes of the past, and moving forward from Filner's blatant misuse of power,'' Sherman said. ``This is a good reminder that big problems happen when elected officials abuse the power of their office.''Carmel Partners began work on the CentrePoint apartment complex, located in Rolando, in 2013. The city ordered the stoppage of construction of the complex, citing the need for additional construction permits. According to City Councilman Scott Sherman's office, Filner also ordered San Diego's Development Services Department to not conduct inspections on the development's completed phases, keeping construction workers from continuing with the project.At the same time, the Rolando Community Council demanded that the CentrePoint project, and the developers of any other new projects in the area, pay for improvements to the neighborhood. The CentrePoint development offered to pay 0,000 for improvements.Then-City Councilwoman Marti Emerald, representing the area, suggested that the project needed additional changes regardless of the funding. CentrePoint subsequently sued the city in U.S. federal court, arguing that Filner, Emerald and the rest of the city government had illegally stanched the development. The city and CentrePoint eventually reached a settlement, in which the development's backers.Sherman framed the dispute as an overreach by Filner and called it a victory for property rights. Sherman was in his first year on the council at the time.The council voted 8-0 to amend the agreement, with City Councilwoman Dr. Jen Campbell absent. 2210

SAN DIEGO (CNS) - The San Diego Association of Governments will begin a weekend closure of rail service between Solana Beach and downtown San Diego Saturday to continue bluff stabilization work in Del Mar.The work window is scheduled from just after midnight Saturday morning to 5 a.m. Monday along the Los Angeles-San Diego-San Luis Obispo rail corridor, which serves the North County Transit District, Metrolink, Amtrak commuter rail companies and the freight line BNSF.SANDAG and NCTD crews will install roughly 80 feet of concrete along the rail corridor from Sea Grove Park to 15th Street, which will act similarly to a retaining wall to protect against bluff collapse and washout, which occurred during a period of heavy rain last month. Previous projects have resulted in the installation of more than 200 concrete support pillars along a nearly two-mile stretch to stabilize the cliffs.RELATED:Del Mar bluffs near train tracks under 24/7 surveillanceTravel nightmare for train passengers after Del Mar bluff collapseRepair timeline moved up for Del Mar bluffsSANDAG expects to begin a .8 million stabilization early next year, which will include the installation of support piles and the replacement and rehabilitation of drainage along the bluffs. The regional planning agency plans to utilize federal, state and local funding sources to complete the project.Additionally, SANDAG and the NCTD aim to secure another 0 million to fund future bluff stabilization efforts. Information regarding ongoing efforts to stabilize the bluffs can be found at KeepSanDiegoMoving.com/DelMarBluffs. 1605