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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 Del Mar Thoroughbred Club announced new and enhanced safety protocols for horses and jockeys Wednesday which will be in effect for the Del Mar race track's 80th racing season which begins July 17.The initiatives include a mandate for a five-person review panel to analyze each horse's racing, medical and training history to ensure each horse is safe to race and a ban on the use of nonsteroidal anti-inflammatory medication fewer than 48 hours before a race or a workout. Previously, NSAIDs were allowed up to 24 hours before a race or workout.The approximately 1,850 horses stabled at Del Mar will also be subject to increased random testing and analysis, veterinary observation and stable security measures to make sure horses are jockeys are following track rules.Riding crops will be prohibited during morning workouts and could be restricted further as the track continues consulting with the California Horse Racing Board and the Jockey's Guild.RELATED: What you need to know about Opening Day at the Del Mar RacetrackIn addition to its enhanced safety protocols, the DMTC announced the creation of an advisory committee of trainers, veterinarians, jockeys, racing surface maintenance experts and track management to continually discuss how to make Del Mar as safe as possible.``Del Mar continues to strive to provide the safest environment possible for our equine and human athletes for both racing and training,'' said DMTC CEO Joe Harper.``We have a responsibility to implement the best practices for safety and welfare and the further responsibility to educate the public about these practices and about the extraordinary levels of care provided to our equine athletes.''The club announced the increased safety measures at a time when horse racing is under unprecedented criticism from animal rights activists. Gov. Gavin Newsom signed a bill last week allowing the CHRB to suspend racing licenses and race days at Santa Anita Park in Arcadia without public notice due to an unprecedented wave of horse deaths and fatal injuries at the track.A total of 30 horses died during Santa Anita's racing season, which ran from Dec. 26-June 23. The deaths led to calls for increased safety measures and an indefinite closure of the track while state officials investigate the cause of the deaths.The DMTC dealt with a similarly deadly racing season in 2016, when 17 horses died during Del Mar's racing season. After remaking its dirt track with the help of race track consultant Dennis Moore and implementing additional safety measures like adding a radiology and ultrasound facility along the track's backstretch, only five horses died during Del Mar's 2017 season and six during its 2018 season.After instituting the changes, Del Mar has been rated one of the safest horse racing venues in the U.S., tallying only 0.79 horse deaths per 1,000 starts last year, according to the Jockey Club Equine Injury Database. According to the DMTC, the national average was 1.68 among tracks that reported their fatal injuries.``Significant thought, due diligence and stakeholder input went into the crafting of the reforms we are implementing this summer,'' said Tom Robbins, the DMTC's executive vice president of racing and industry relations.``All of us recognize our responsibility to ensure the safety and welfare of the horses that race and train here. We are very appreciative of the cooperation from industry stakeholders including our owners and trainers.''The Del Mar Thoroughbred Club is scheduled to begin its summer season July 17 and continue through Sept. 2. Races will be held Wednesday through Sunday each week with a sixth day of racing during the season's final week. 3708

SAN DIEGO (CNS) - San Diego County will remain in the "red" tier of the state's COVID-19 reopening plan, state officials said Tuesday, citing data on the two metrics California uses to adjust counties.The county is reporting 6.9 new daily cases per 100,000 population, just .1 away from the dreaded "purple" tier, the state's most restrictive. San Diego County is also posting a 3.8% positive testing rate for the novel coronavirus -- well within the lower "orange" guideline of the state's four- tier reopening system.This news comes as somewhat of a surprise after increasing COVID-19 numbers appeared to set the county on a path toward slipping into that most restrictive tier -- which would shutter indoor operations for restaurants, movie theaters, houses of worship and gyms, limit retail businesses to just 25% capacity and have major impacts on indoor business for most other industries until the county can improve its numbers.The county Board of Supervisors met multiple times in the last few days to discuss taking potential action should that happen, including legal action. Gov. Gavin Newsom rejected a county effort Wednesday to discount the more than 800 positive tests recorded by San Diego State University since the semester began.The data released Tuesday did factor in SDSU cases. The push to exclude them was an unlikely gambit in the first place, as SDSU is located in a highly residential neighborhood in the heart of the city."We included the San Diego State University numbers we received in all of our calculations," state Health Secretary Dr. Mark Ghaly said. "We've worked closely with San Diego County over the past, not just last week, but really intensely over the last week to make sure we all understood the data and that we understood where the county landed in the framework. There were no concessions made based on their data. And we looked closely at San Diego State, the same way we do all of the other counties across the state."Despite the good news about remaining in the red tier, Ghaly noted that the county is hovering on the brink of being downgraded. The state rules currently state that a county has to be above one of the two metrics -- daily case rate by population and positive test rate -- for two consecutive weeks before it can be moved. To move down to less restrictive tiers, both of those metrics must be below state guidelines for two consecutive weeks. Should the county be placed in the purple tier, it would have to wait a minimum of three weeks before moving back to less restrictive tiers.Ghaly said San Diego County would stay in red for this week, but he could not make any promises for the week after if case numbers rise again."We certainly see a county that is hovering around that threshold between red and purple, but we continue to have conversations about how we at the state can support San Diego, as well as understanding more and more what San Diego is doing around places like San Diego State University to curtail or limit transmission," he said.To facilitate expanded COVID-19 testing at San Diego State University, the county testing site at Mar Vista High School in Imperial Beach will be temporarily closed through Friday. Testing there will resume Sept. 28.Testing capacity at the SDSU Alumni Center at 5250 55th St. is being expanded from 500 to 1,000 tests a day and will be open to the public, students and university staff. The no-appointment site will offer testing from 8:30 a.m. to 4 p.m. through Friday.As of Monday night, SDSU had reported 880 confirmed or probable cases, including two reports of faculty or staff who have tested positive.The San Diego County Board of Supervisors passed a motion Tuesday to show their support for County Public Health Officer Dr. Wilma Wooten in her efforts to work with the state.The board voted to support Dr. Wooten's effort for "the adjudication and revised reopening criteria to accurately reflect the dynamics of the pandemic in San Diego County."Many of the supervisors felt aside from daily cases of COVID-19, other factors like hospitalization rates, the case rate adjustment factor and special circumstances should be considered before rolling back any progress in reopening.It began with Board Vice Chair Jim Desmond making a motion to write another letter to the governor asking for local control in reopening. After discussion, he changed his motion for the board to back Dr. Wooten to work with the state in revising the criteria.The vote passed 4 to 1 with Supervisor Nathan Fletcher dissenting.Though the vote board showed their support for Wooten and her efforts in working with the state, it's unclear if it will lead to any change.County public health officials reported 348 new COVID-19 infections and no new deaths Monday, raising the region's total cases to 44,925 with the death toll remaining at 760.Of the 6,374 tests reported Monday, 5% returned positive, bringing the 14-day rolling average of positive tests to 3.7%.The seven-day daily average of tests is 8,440.Of the total positive cases reported as of Sunday, 3,418 -- or 7.6% -- required hospitalization and 801 -- or 1.8% -- had to be admitted to an intensive care unit.One new community outbreak in a restaurant was confirmed Monday. From Sept. 14-20, 22 community outbreaks were confirmed.The number of community outbreaks remains 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 over the past 14 days. 5544

SAN DIEGO (CNS) - San Diego Mayor Kevin Faulconer and City Councilman Chris Ward announced the start of construction Friday on dedicated infrastructure for cyclists and scooter riders in downtown San Diego.Faulconer and Ward's news conference marked the beginning of phase one of the Downtown Mobility Plan, roughly two and a half years after the City Council unanimously approved it. Once complete, the plan calls for the addition of about nine miles of cycle track through downtown -- bike lanes with a barrier to protect cyclists from vehicle traffic."As we encourage people to get out of their cars more, we need to build transportation networks that provide safe paths of travel for everyone," Faulconer said. "Connecting the popular destinations in downtown to surrounding neighborhoods is an important step in that direction and will give San Diegans more opportunities to embrace the surge in mobility options over the past year."The council approved the plan in June 2016. Faulconer originally suggested that the entire plan could be finished by June 2019, but delays and higher-than-expected costs pushed the project back. In March 2018, city officials told the city's Bicycle Advisory Committee that project costs had jumped from roughly million to million.Due to the setbacks, city officials now hope to complete the first phase at some point in 2020. The first phase will add cycle track on Beech Street from Pacific Highway to Sixth Avenue, Sixth Avenue from Beech Street to Harbor Drive and J Street from First Avenue to 17th Street."The Downtown Mobility Plan is a vital step forward I providing safe infrastructure for all San Diegans and to meet our mobility goals," Ward said. "San Diegans are ready for new and innovative mobility options as they move around our city, and this investment will improve the quality of life for those living and working downtown while moving San Diego closer to achieving our Climate Action Plan benchmarks."City officials expect to complete all three phases of the plan by the end of 2021. The network of track will eventually stretch from Balboa Park to the San Diego Convention Center, according to the city."On the bike front, we're overjoyed change is coming after many years of advocacy," said San Diego Bike Coalition Executive Director Alex Hanshaw. "Prioritizing people who choose to bike and walk is a historic step in the right direction. The lanes also come in a crucial time as we're seeing more people opt for this choice in their commutes, especially as bikeshare and other shared mobility options become more accessible." 2604

SAN DIEGO (CNS) - Target Corp. has agreed to pay .4 million to resolve allegations that it violated terms of a 2011 judgment regarding the company's handling and disposal of retail hazardous waste, San Diego County District Attorney Summer Stephan announced Wednesday.``This settlement holds Target accountable for this second violation of environmental laws that involve the improper disposal of a long list of hazardous materials,'' Stephan said. ``This case serves as a reminder to corporations of the importance of environmental protection laws that safeguard the public's health and that violators will be held accountable.''The current settlement -- announced by Stephan, 21 other California district attorneys, the California Attorney General's Office and the city attorneys of San Diego and Los Angeles -- comes as a result of investigations that concluded the company committed violations by improperly disposing hazardous waste into landfills across California between 2012 and 2016. The waste included such items as electronics, batteries, aerosol cans, compact fluorescent light bulbs and medical waste, including syringes, over-the-counter and prescribed pharmaceuticals, as well as confidential medical information from its customers.``We are confident that with these strong injunctive terms and penalties, Target will implement meaningful changes to prevent this from ever happening again,'' said California Attorney General Xavier Becerra. ``However, the wise move for all companies is to abide by the law and employ proactive training and processes to help ensure that hazardous waste violations are avoided in the first place.''It's the second settlement resolving allegations of hazardous waste compliance violations by Target. In March 2009, the California Department of Justice and several local prosecutors filed a complaint against Target, alleging that it violated state statutes and regulations governing the handling and disposal of hazardous waste.As part of the final settlement in 2011, Target agreed to pay .5 million to cover penalties, attorney's fees and funding for supplemental environmental projects. 2150

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