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SAN DIEGO (CNS) - A San Diego federal judge refused Tuesday to release 34 "medically vulnerable" detainees from the Otay Mesa Detention Center, which has the largest COVID-19 outbreak among the nation's U.S. Immigrations and Customs Enforcement facilities.U.S. District Judge Dana Sabraw previously ruled that a group of medically vulnerable detainees be released, in respose to a lawsuit filed by the American Civil Liberties Union alleging that overcrowded conditions at Otay Mesa put detainees at serious risk of contracting the virus.More than 200 people have tested positive at the facility since the outbreak began, including 57-year-old Carlos Escobar-Mejia, who became the first ICE detainee to die from COVID-19 earlier this month.While most of those detainees have been released since Sabraw's ruling, ICE was allowed to review their criminal histories, and decided that 34 among them should remain in custody "based on defendants' determination that they pose a danger to the community," the judge wrote.Sabraw ruled that while Otay Mesa still has the largest virus outbreak in the nation, the reduction in the facility's population and other factors have likely reduced the risk for those still detained.Sabraw's ruling denying a request for a preliminary injunction indicates the facility is currently at 38% capacity, and that the 34 detainees at issue are spread out throughout the facility.The judge wrote that 30 of those detainees are in housing units with no positive cases, "a stark contrast to the situation that existed before the TRO issued, where medically vulnerable detainees were being housed throughout the facility with other detainees who had tested positive."Sabraw wrote that the remaining four detainees are in a unit that is at 12% capacity. Three of the four detainees tested positive for COVID-19 before his TRO order was issued, but have since recovered. The fourth detainee "may be at increased risk, but other factors mitigate that risk," Sabraw wrote.The judge said Otay Mesa has taken measures to mitigate the risk of further spread, including suspending new detainee admissions, screening people who enter the facility, increasing sanitation, providing masks to detainees and requiring employees to use personal protective equipment.Additionally, Sabraw wrote that unlike the detainees previously released, the government had additional interest in "protecting the community," when considering the 34 remaining detainees.Earlier this month, Sabraw also denied a request from the ACLU to release medically vulnerable U.S. Marshals Service inmates from the facility, citing a law that limits the ability for inmates in criminal custody to file lawsuits in federal court, placing certain restrictions on inmate release requests when it concerns the conditions of their detention. 2826

SAN DIEGO (CNS) - A woman driving on a suspended license who had more than three times the legal blood-alcohol limit when she crashed her SUV head-on into another vehicle while driving her three young daughters through Rancho Bernardo was sentenced Thursday to 14 years in state prison. Mayra Alejandra Gonzalez, 30, -- on probation for a prior DUI -- had a .29% blood-alcohol content when she drove on the wrong side of Camino del Norte Nov. 12, 2018. Her SUV crashed head-on into an oncoming 2011 Jeep Liberty, causing severe injuries -- including a skull fracture and a brain bleed -- to her 9- month-old daughter, who was riding unrestrained. The defendant's 2-year-old daughter suffered facial injuries and her 8-year-old daughter broke a bone. The 57-year-old driver of the other car suffered broken bones and underwent five surgeries to treat his injuries. RELATED: Mother arrested for wrong-way DUI crash that injured childrenDeputy District Attorney Ramona McCarthy told the court at Thursday's sentencing that Gonzalez was drinking throughout the day on Nov. 12 and driving with her kids in her vehicle on a trip that stretched from North San Diego County to East County and back. She crashed into a signpost and a parked car, and backed into a wall prior to the crash that led to her conviction, the prosecutor said. ``She put alcohol and what she wanted to do above the safety of her children and the safety of the community,'' McCarthy told the court. Considering the condition of her then-9-month-old, who still uses a feeding tube to this day as a result of the crash, McCarthy said ``It's a miracle (Gonzalez) is not here on a murder charge.'' RELATED: Mom pleads guilty to Rancho Bernardo DUI crash that injured her daughtersGonzalez was arrested the day after the collision at Palomar Medical Center. At the time of the crash, she was on probation and driving on a suspended license due to a 2017 North County DUI, in which she crashed while pregnant and with at least one of her children riding in the vehicle. She had .23% blood-alcohol content in that case. Gonzalez, who pleaded guilty in August to felony child abuse and drunk driving charges, addressed the court, asking for leniency and the chance to see her family sooner. ``My children are my world, my reason for living,'' said Gonzalez, adding she was ``very, very remorseful'' for the crash. RELATED: Mother of three going to prison for DUI crashShe said she's since taken numerous classes on parenting and alcohol abuse in an attempt to better herself and would never drink and drive again. San Diego County Superior Court Judge Laura W. Halgren said she believed Gonzalez was remorseful for what happened, but said deterring others from making the same mistakes and taking Gonzalez's history of drinking and driving into account factored into imposing a higher sentence. 2860

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 El Cajon man was sentenced Friday to 14 years in prison for distributing fentanyl, some of which caused the fatal overdose of a former player for the San Diego Old Aztecs Rugby Football Club.Christopher Glenn Emison, 33, pleaded guilty earlier this year to a distribution of fentanyl count for selling more than 40 grams of the drug, some of which led to the death of 45-year-old Derrick Hotchkiss in his San Diego home on April 11, 2019.A co-defendant, 34-year-old San Diego resident Jeffrey Alden Blair, pleaded guilty in February and is due to be sentenced next month.Prosecutors say Hotchkiss had text messages on his phone indicating Emison sold him fentanyl the night before his death.Shortly after Hotchkiss' death, investigators searched Emison's home and vehicle and seized fentanyl, heroin residue, firearms, ammunition and other items indicating drug sales.Prosecutors say Emison admitted to knowing the fentanyl was dangerous and apparently sent text messages to Hotchkiss to warn him of the drug's strength but never received a response."Selling drugs is not a victimless crime. Selling drugs is a root cause of crime, cartel violence, the destruction of families and in this case, death," said DEA Special Agent in Charge John W. Callery.U.S. Attorney Robert Brewer said, "This case and the fact that deadly fentanyl continues to ravage our community, taking more than 300 lives this year alone in San Diego County, demonstrates the urgent need to hold these dealers of death accountable for their actions."A statement from the Old Aztecs Rugby Football Club said, "We continue to grieve our beloved Deez ... Saturdays won't be the same; he was a large man with a heart to match." 1723

SAN DIEGO (CNS) - It was a big day for Democrats running for San Diego City Council.Tuesday's election brought about major change on the council, with five new faces joining the nine-member panel.While council races are technically nonpartisan, in recent years, council decisions have broken largely along party lines, with conservatives regularly outnumbered.-- In District 1, which has been represented by Democrat-turned-mayoral candidate Barbara Bry since 2016, Democrat Joe LaCava, a civil engineer and business owner, defeated small business attorney Will Moore, 61.8% to 38.2%.District 1 includes La Jolla, Del Mar Heights, Carmel Valley and University City.-- In District 3, Councilman Chris Ward vacated the seat to run for state Assembly. A Democrat, Ward has served since 2016. Democrat Stephen Whitburn, a community nonprofit director, defeated fellow Democrat Toni Duran to claim the seat.District 3 represents Balboa Park, Hillcrest, Downtown San Diego, North Park, Old Town, Normal Heights, Golden Hill, Little Italy and University Heights.-- In District 5, Democrat Marni von Wilpert, a deputy city attorney, defeated Republican Joe Leventhal, an attorney and small business owner. That gives the Democrats another seat on the council, replacing Mark Kersey, an independent who votes with his more conservative colleagues as often as he votes with the progressive ones. He has served since 2012 and has termed out.District 5 represents Black Mountain Ranch, Rancho Bernardo, Rancho Penasquitos, Scripps Ranch and Torrey Highlands.-- In District 7, Republican Scott Sherman has termed out. He ran for mayor and finished in third place in the March primary. Democrat Raul Campillo, a deputy city attorney, defeated Republican Noli Zosa, a small business owner.District 7 represents north-central and northeast San Diego, including Mission Valley, Linda Vista, Serra Mesa and Tierrasanta.-- Lastly, District 9 is being vacated by current Council President Georgette Gomez as she runs for California's 53rd Congressional District. Democrat Sean Elo-Rivera, a San Diego Community College District Board of Trustees member, will take over the seat following Tuesday's election. Elo- Rivera's only competitor, community outreach director and fellow Democrat Kelvin Barrios, suspended his campaign in early September after admitting misuse of funds while serving as the treasurer for the San Diego County Young Democrats.District 9 covers east-central San Diego, including Kensington, College Area, City Heights and Southeastern San Diego.The new council will face a raft of major issues. An ongoing fight against climate change, high levels of homelessness and lack of affordable housing, a utility franchise agreement, monumental transit developments, the ramifications of bad property deals and tangling with what role police should play in society are all on the docket in coming years.However, far and away the most important issue for the region is and likely will remain the effects of the COVID-19 pandemic, which has killed hundreds, badly sickened thousands, cost tens of thousands of jobs, decimated the tourism and hospitality industry and created financial insecurity for thousands of residents.Tackling the issues will fall to the council victors, along with a new mayor, new city attorney and incumbent council members Jennifer Campbell, Monica Montgomery Steppe, Chris Cate and Vivian Moreno. 3424

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