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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) - An additional 10,000 households economically impacted by COVID-19 are able to apply for rent relief from San Diego County Tuesday, part of million county supervisors allocated for just such a purpose.County residents economically impacted by the pandemic could qualify for assistance of up to ,000 to pay for past-due or upcoming rent through the second wave of the Emergency Rental Assistance Program starting Tuesday.County leaders are anticipating awarding more than million in assistance to residents who applied during the first round of applications at the beginning of October, although details about when that money is expected are scarce.For the new round of funding, the county will review applications as they are received and will continue to take applications until funds are depleted. Those who apply will be able to check their application status online at any point in the process.To be eligible, households must be renting and have experienced a financial hardship directly related to COVID-19. This includes a loss or reduction of income or an increase in medical expenses.Households must also fall under 60% of the area median income to qualify. For example, to be eligible, a single-person household can earn up to ,540 and a four-person household can earn up to ,300. The program will be able to assist about 10,000 households.Residents who live in cities with their own COVID-19 rental relief program will not be eligible for the county program unless their cities' funds have already been depleted.Also, applicants must not receive any other forms of housing subsidy, such as Section 8 or other rental assistance programs, rapid rehousing assistance or rental assistance from nonprofit agencies.Only one application per household will be accepted and the applicant's landlord must agree to participate in the program for the county of San Diego to process the emergency rental assistance grant.Applicants can find more program information, including how to apply and detailed eligibility criteria, at https://www.sandiegocounty.gov/sdhcd/community-development/COVID-19-Emergency-Rental-Assistance-Program.html. 2175

SAN DIEGO (CNS) - Authorities Wednesday released the name of a 19-year-old man killed last week in a shooting at Linda Vista Recreation Center.Nam Nguyen of San Diego was shot by an unidentified assailant about 4:45 p.m. Friday during a fight between two groups of young men near a basketball court at the city recreation facility in the 7000 block of Levant Street, according to police.Paramedics took Nguyen to a nearby hospital, where he was pronounced dead, Lt. Martha Sainz said.RELATED: One shot, killed at Linda Vista recreation centerThe reason for the brawl that led to the shooting was unclear. 612

SAN DIEGO (CNS) - A judge took under submission today a motion by the federal government to dismiss a lawsuit filed by the cities of Imperial Beach and Chula Vista and the Port of San Diego, alleging that the International Boundary and Water Commission is violating the Clean Water Act by not doing more to prevent Tijuana sewage from flowing into San Diego area waters.The federal government maintains that the IBWC isn't legally responsible for the sewage flowing into U.S. waters from Mexico.But the plaintiffs claim that since the IBWC oversees a flood control channel that redirects the Tijuana River on its way to the Pacific Ocean, as well as water- capture basins in five canyons along the border, the agency is responsible for the sewage that gets through those systems.RELATED: Imperial Beach businesses hurt by sewage & runoff related closuresImperial Beach Mayor Serge Dedina, who has led the fight to against the IBWC since his city was hit with millions of gallons of raw sewage in February 2017, said it was heartening to hear U.S. District Judge Jeffrey Miller say he might go to the South Bay to see first-hand how the situation is being handled.Dedina said the plaintiffs got a fair hearing. "(It was) a very emotional morning for me," Dedina said outside court. "(I have) vivid memories of taking my kids to the emergency room. We have little kids here. Our kids are getting sick. Our lifeguards are getting sick. It's been a long road and a really tough fight, and it really meant a lot to me that members of our community were here to support that. And I'll tell you what, if our city council and our city ... have to crawl on broken glass through garbage to fight for this, we will do that. We will never rest until we have clean water and that's why we're here."RELATED: Surfrider Foundation announces intention to sue over toxic Tijuana River sewage spillsThe judge did not indicate when he would rule on whether the lawsuit can go forward. 1982

SAN DIEGO (CNS) - A Nov. 1 report by Reuters detailed multiple instances of mold, rodent infestation, leaks and other housing issues at military bases across the country, including Camp Pendleton. Lincoln Military Housing controls most of the base's 7,900 housing units.Lincoln Family Housing President Jarl Bliss accused Reuters of multiple inaccuracies and omissions that paint LFH in a poor light, like Reuters' finding of the company's slow response times to issues like mold, rodents and water damage. But Bliss did not dispute Reuters' finding that the company settled a lawsuit over mold at Camp Pendleton and is fighting another mold suit filed by a family that resided in Naval base housing in San Diego."Contrary to what the story would lead a reader to believe, we do not profit by skimping on service," Bliss said in a company-issued statement. "To the contrary, we are most successful when we have satisfied residents who recommend LMH housing to other military families."Military members and their families living on bases like Camp Pendleton do not have the same tenant rights protections as residents living on privately-owned land. 1156