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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) - In the latest effort to house the growing number of homeless in the San Diego region, city officials Wednesday said three new temporary shelters will open, the first one or two by the end of this year."The solutions are not perfect, but they are necessary" said Mayor Kevin Faulconer at a news conference. 331

SAN DIEGO (CNS) - For the fourth day in a row, San Diego County public health officials Saturday reported a case rate of fewer than 100 positive COVID-19 tests per 100,000 people, however, the state said it will have to review data before removing the county from its monitoring list.Previously, county and state officials had said if the rate stays below 100 per 100,000 people -- it was 94.7 Saturday -- for three consecutive days, the county would officially be removed from that list. After an additional 14 consecutive days below that number, K-12 schools could potentially reopen for in-person teaching, depending on individual school district metrics.Additionally, 48 elementary schools have filed waivers with the county to return to school early.RELATED: What happens next? San Diego County eligible to fall off of California watch listThat timeline is now uncertain, as is the timeline of reopening certain businesses for indoor operations.As the county awaits further guidance from Gov. Gavin Newsom, public health officials reported 279 new COVID-19 cases and four new deaths Friday, raising the county's totals to 34,344 cases and 626 deaths.One woman and three men died between July 5 and Aug, 13, and their ages ranged from the late 50s to late 80s. All had underlying medical conditions.Of the deaths reported thus far during the pandemic, 96% had some underlying medical condition. According to Dr. Wilma Wooten, the county's public health officer, the leading underlying causes, which helped contribute to the deaths, were hypertension, diabetes, heart disease, dementia/Alzheimers and chronic kidney disease.RELATED: Coronavirus test used by NBA players gets FDA approvalOf the 11,268 tests reported Friday, 2% returned positive, maintaining the 14-day positive testing rate at 4.3%, well below the state's target of 8% or fewer. The 7-day rolling average of tests is 7,944 daily.While signs look positive for the region, County Supervisor Nathan Fletcher warned county residents against getting complacent."We are seeing progress, but we are in the middle of a marathon, not a sprint to the finish line right in front of us," he said. "Our goal is not just to have the rate of cases fall below 100 per 100,000, but to keep it there."RELATED: CDC: After COVID-19 recovery, patients are likely unable to spread virus for 3 monthsOf the total positive cases in the county, 2,835 -- or 8.3% -- have required hospitalization since the pandemic began, and 710 -- or 2.1% -- were admitted to an intensive care unit.County health officials also reported two community outbreaks Friday, bringing the number of outbreaks in the past week to 25.The latest outbreaks were reported in a distribution warehouse and one in a health care setting, according to the county Health and Human Services Agency.The number of community outbreaks remains well above the county's goal of fewer than seven in a seven-day span. A community setting outbreak is defined as three or more COVID-19 cases in a setting and in people of different households in the past 14 days.Latinos are still disproportionately impacted by COVID-19, with that ethnic group representing 61.3% of all hospitalizations and 45.4% of all deaths due to the illness. Latinos make up about 35% of San Diego County's population.A new COVID-19 testing site began operating Wednesday at the San Ysidro Port of Entry PedEast crossing, and County Supervisor Greg Cox cited its immediate success and demand for it.The free testing site will operate from 6:30 a.m. to noon Monday through Friday and will focus on testing essential workers and American citizens who live in Tijuana, according to San Diego County health officials.No appointments are necessary at the walk-up site, which aims to offer about 200 tests daily. People getting tested will not be asked about their immigration status or who lives with them, health officials said."We know that communities in South Bay have been hit the hardest by COVID-19," said Wooten. "The location was selected because of the increase in cases in the region and the number of people, especially essential workers who cross daily." 4143

SAN DIEGO (CNS) - A train struck and killed a pedestrian in Old Town Thursday, authorities reported.The rail fatality in the 4000 block of Taylor Street occurred about 11:30 a.m., according to sheriff's officials.Details on the circumstances of the death, including the victim's age and gender, were not immediately available.Due to the fatality, Coaster passenger-train service was delayed until further notice, North County Transit District advised. The agency sent buses to its Sorrento Valley Station to help affected commuters reach their destinations.Additionally, San Diego police closed Taylor Street from Congress Street to Pacific Highway to provide full access for investigators and emergency personnel.San Diego Crisis Hotline: 888-724-7240 760

SAN DIEGO (CNS) - Health officials Wednesday reported seven more deaths in San Diego County due to influenza complications last week, bringing this flu season's death toll to 42.The seven residents were between the ages of 53 and 90 and all had additional medical issues. Only two of them had been vaccinated, according to the county Health and Human Services Agency. At this time last flu season, the county had received reports of 281 deaths due to flu complications.The county also saw a new weekly high for lab-confirmed flu cases at 545, according to the HHSA's weekly flu report. The county has recorded 5,486 confirmed flu cases so far this flu season, a far cry from the 17,397 reported at this time last flu season. County health officials touted the data in the weekly flu report as evidence that the current flu season may still be cresting."Influenza is still widespread in the region and continues to sicken San Diegans," said Dr. Wilma Wooten, the county's public health officer. "Anyone who has not yet had a flu vaccine this season should get it now."County health officials and the Centers for Disease Control and Prevention strongly advise the annual flu vaccination for everyone 6 months and older, especially demographics with a heightened risk of serious complications, such as pregnant women, people older than 65 and people with chronic conditions. Recent flu seasons have extended as late into the year as May, according to county health officials.Flu shots are available at doctors' offices, retail pharmacies, community clinics and the county's public health centers. Residents can also call 211 or visit the county's immunization program website, sdiz.com, for a list of county locations administering free vaccines. 1751