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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) - Power outages left tens of thousands of homes and businesses across San Diego without electrical service Tuesday.The first of the two blackouts began for unknown reasons about 11:15 a.m., affecting Fort Rosecrans, Lindbergh Field, Marine Corps Recruit Depot, the Midway area, Mission Bay, Ocean Beach, Pacific Beach, Point Loma and Sunset Cliffs, according to San Diego Gas & Electric.In all, the outage left about 13,000 utility customers without electricity, SDG&E reported.Repair crews had power restored to all the affected areas as of 12:30 p.m., according to the utility company.About 90 minutes later, another outage took place to the east, knocking out electrical service to roughly 8,300 addresses in Balboa Park, Center City, Chollas Creek, City Heights, Golden Hill, Normal Heights, North Park, Oak Park and University Heights, SDG&E reported.The utility predicted restoration of power to those neighborhoods by late afternoon. 976

SAN DIEGO (CNS) - San Diego-based medical equipment manufacturer ResMed Corp. has agreed to pay more than .5 million to resolve allegations that it paid kickbacks to suppliers, sleeps labs and other health care providers in exchange for referrals and prescriptions for its products, the Department of Justice announced Wednesday.The government accused ResMed of violating the Anti-Kickback Statute of the False Claims Act by providing free or below-cost medical equipment to companies in several states. Court documents state that ResMed's products -- which treat sleep apnea and other sleep disorders -- were provided to companies that in some cases began writing prescriptions to their patients entirely for ResMed equipment.Prosecutors say some examples of ResMed kickbacks included free home sleep testing devices, free or below-cost positive airway pressure masks and diagnostic machines, and free telephone call center and patient outreach services that allowed the companies to order resupplies for sleep apnea patients.RELATED: San Diego suing SDG&E for allegedly delaying pure water projectThe settlement agreement resolves five lawsuits filed by whistleblowers, who will collectively receive around .2 million out of the total settlement."Paying any type of illegal remuneration to induce patient referrals undermines the integrity of our nation's health care system," said Assistant Attorney General Jody Hunt. "When a patient receives a prescription for a device to treat a health care condition, the patient deserves to know that the device was selected based on quality of care considerations and not on unlawful payments from equipment manufacturers." 1679

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 San Diego City Council is slated to vote next week on its intent to forward an initiative to the November ballot that would create an independent commission on police practices, which is available for review by the general public Thursday.The proposed Commission on Police Practices would review all deaths stemming from interactions with San Diego police, as well as all police shootings.Investigations into these matters would be conducted whether or not a complaint has been made against a particular officer or the department as a whole. Commission staff or contractors operating independently of the police department would conduct the investigations.(Read the proposed initiative text here)The commission may — but would not be required to — investigate complaints against officers not involving deaths or officer-related shootings, according to the proposed measure's language. The proposed body would have subpoena power to call witnesses or request records related to its investigations.The latest version of the proposed initiative, released Wednesday night, includes the addition of an appeals process for any officer the commission finds committed sustained incidences of misconduct. Appeals would be handled by the city's Civil Service Commission.RELATED: San Diego looks to Baltimore Police for de-escalation policy reformsOther incidents the commission could consider investigating include use of force by officers resulting in great bodily injury, "dishonesty" by an SDPD officer relating to "the reporting, investigation or prosecution of a crime," incidents that have "generated substantial public interest or concern," patterns of misconduct by officers or patterns of "inappropriate policies, procedures or practices by the police department or its members."The commission could also make recommendations to the police department on disciplinary decisions for officers, though the chief of police "retains authority and discretion to discipline subordinate employees in the police department."RELATED: Push for new independent commission on police practices in San DiegoThe parameters of the commission, including the number of members, term length, qualifications and method for appointing members, will be determined by the city council. Additionally, the body would replace the city's Community Review Board on Police Practices, which the lacks the investigatory powers of the proposed commission."I am looking forward to giving voters the opportunity to bring more transparency and accountability to public safety in San Diego," said City Council President Georgette Gomez. "A truly independent commission is essential to making law enforcement officers more responsive and more accountable to the people they serve. I thank my colleague, Councilmember Monica Montgomery, for her persistent leadership on this critical issue."RELATED: District Attorney talks about transparency and independent police review boardThe San Diego City Council will vote at its June 23 meeting on two actions related to forwarding the measure to the November ballot. These include a resolution ratifying an agreement between the city and the San Diego Police Officers Association to establish the commission and a resolution stating the city council is declaring its intent to submit the measure to voters.A statement from Gomez's office says further council action will be needed before the measure can be officially forwarded to the ballot. 3475