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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 average price of a gallon of self-serve regular gasoline in San Diego County rose today to its highest amount since New Year's Day, increasing three-tenths of a cent to .335.The average price has risen six of the past seven days, increasing 2.2 cents, including eight-tenths of a cent on Wednesday, according to figures from the AAA and Oil Price Information Service.The average price is 5.6 cents more than one month ago but 8.5 cents less than one year ago.Check 10News Traffic 511

SAN DIEGO (CNS) - San Diego County arson investigators were called to the scene of a commercial structure fire today in Spring Valley, authorities said.The fire began at 8:02 a.m. at a structure in the 300 block of Elkelton Place, the San Diego County Sheriff's Department reported.The fire was put out by San Miguel Fire District firefighters shortly afterward. The fire was isolated to the commercial structure, sheriff's officials said.No injuries were reported. Roads were closed at Paradise Valley Road and Elkelton Place, as well as Paradise Valley Road and Worthington Street, officials said. 607

SAN DIEGO (CNS) - Pac-Man is the newest inductee into the Comic-Con Museum's Character Hall of Fame, the San Diego-based museum announced Thursday.Pac-Man "is being honored as the original digital game mascot for his enduring impact he has had on the video game industry and the role of storytelling in games," according to the museum, which is scheduled to partially open in Balboa Park in mid-2021.The iconic, hungry yellow circle will be the second character in the museum's hall of fame. Batman was inducted in the hall of fame's inaugural year in 2019.This year marks the 40th anniversary of Pac-Man, which is the highest- grossing video game ever made, according to the museum. As of 2016, the game had generated more than billion in revenue."We thought Pac-Man would be the perfect addition to the Museum Character Hall of Fame because he inspires a sense of nostalgia in many of us and even though he is turning 40, he is still highly relevant in pop culture today," said Eddie Ibrahim, senior director of programming for the Comic-Con Museum. "Characters tell the stories of pop culture and what better time, when we are more digital than ever, to honor our first digital character."A live virtual induction ceremony will be held on Dec. 17 from 4 to 6 p.m. The ceremony will consist of a combination of interactive live stream elements and pre-recorded content and videos.For more information or to register to attend the induction, residents can visit https://donate.comic-conmuseum.org/pacman.Though the Comic-Con Museum is on track to open its doors at the 68,000-square foot Federal Building in the park's Palisades section in mid-2021, the museum will not be completed until 2024, with portions of it opening in phases until then.Pac-Man was created by Toru Iwatani and first released in Tokyo in May 1980. The game made its debut in the United States in October 1980.It took nearly 20 years for anyone to complete a perfect game -- finishing with no lives lost and the maximum number of points from each level, according to the museum."Pac-Man's enduring popularity and relevance speak volumes to his position as an icon in the video game and pop culture worlds," said Dennis Lee, director of brand marketing at BANDAI NAMCO Entertainment America Inc. "As Pac-Man enters his 40s, he's still entertaining millions of fans around the globe with new video games and products featuring his likeness. We look forward to Pac-Man delivering more fun for everyone for years to come." 2503

SAN DIEGO (CNS) - Taking swift action after Thursday's San Diego City Council meeting in which a lone franchise utility bid was revealed, Mayor Todd Gloria Friday announced he was rejecting San Diego Gas & Electric's bid for the city's gas and electric utilities.The lone bid revealed Thursday was for million -- the minimum amount set by former Mayor Kevin Faulconer in September for the 20 year contracts -- and many callers into the meeting asked for the council to ask for a one-year extension for the new mayor and councilmembers get up to speed.The Thursday meeting was informational only, but the information was enough for Gloria."After reviewing the bid submitted by SDG&E and consulting with the City Attorney's office, we have determined their bid is unresponsive to the city's invitation to bid. Therefore, I am rejecting the bid and canceling the current ITB process," Gloria said. "I will be pursuing an extension of the existing agreement between the city and SDG&E to allow enough time for the new City Council to get up to speed and more opportunities for public engagement to occur."The council must take action at its next meeting on Jan. 12; the existing franchise agreement with SDG&E expires Jan. 17. It was originally signed as a 50-year agreement starting in 1970.SDG&E, whose parent company is San Diego-based Sempra Energy, has been the sole electric and gas utility for San Diego since 1920.Gloria and five of the nine city council members were sworn in this month, leaving them just four weeks to decide whether to approve SDG&E's minimum bid for 20 years, ask for an extension to allow newly elected officials to get up to speed, cancel the process altogether and start over or pursue municipalization -- purchasing and putting the city's utilities under public control.Councilman Chris Cate, one of the four incumbent members, expressed frustration at the delay on Thursday."This is a process which has been undertaken for well over two years," he said. "We knew the deadlines years ago."He said an extension wouldn't be a good use of the city's time or resources, and shot down the municipalization idea as a costly endeavor already looked at by analysts, which the city could ill-afford as it grapples with budgetary fallout from the COVID-19 pandemic."It would not be coming from a fiscally prudent or service prudent standpoint as a city," he said.Other councilmembers urged patience."We cannot commit to a bad deal because we are in an economic downturn at the moment," said Councilman Sean Elo-Rivera. "This will affect us for years after the crisis has passed."The lone bid came as somewhat of a surprise. Berkshire Hathaway and Indian Energy had both expressed interest previously but failed to submit bids.Gloria said he would look at all the options ahead of the city."At the end of the day, my objective will be to make sure an agreement meets the needs of residents, makes financial sense for the city, is fair to ratepayers, is consistent with the goals of our Climate Action Plan and includes equitable access to environmental benefits for all our communities," Gloria said. "I will be working with the City Attorney and City Council to fully evaluate all options and next steps to achieve this goal." 3281