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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 parent company of niche dating sites, including Christian Mingle, agreed to pay 0,000 in penalties and nearly million in refunds to customers whose subscriptions were automatically renewed to settle a consumer protection action, San Diego County District Attorney Summer Stephan announced Monday.The judgment filed in Santa Monica Superior Court will be shared equally among a task force of California prosecutors that also included district attorneys from Los Angeles, Santa Clara and Santa Cruz counties, as well as the city attorney of Santa Monica.The dating sites for Spark Networks USA, LLC, were automatically renewing customer payments without their express prior consent as required by federal and state law, among other alleged violations of law, according to the task force."Consumers always have the right to know where their money is going and companies must comply with California's laws in order to ensure that consumers understand certain transactions will renew automatically," Stephan said. "This joint effort is a great example of how our Consumer Protection Unit works to protect people from unfair business practices in the marketplace and ensure that California's consumer protection laws are followed."The judgment requires Jdate, Christian Mingle, and all of Spark's other dating sites to have full transparency with consumers about automatically renewing memberships.The company now must:-- clearly and conspicuously disclose the renewal terms;-- get consumers' consent, through a separate check box (or similar mechanism) that does not include other terms and conditions;-- send a clear summary of the renewal terms after consumers pay; and-- allow consumers to cancel easily.Spark Networks cooperated with the task force to reach the resolution.According to prosecutors, online "subscriptions" and other automatically recurring charges have proliferated in the United States in recent years. Some renewals come after "free trials," where consumers need to cancel in time to avoid the charges.Federal and state law requires businesses to make auto-renewals clear to consumers, and to get their "express, affirmative consent" before collecting any money. However, many businesses still don't follow the law, prosecutors said. 2286

SAN DIEGO (CNS) - The San Diego Humane Society will make a group of animals displaced by the Camp Fire available for adoption Friday.Earlier this month, the organization's Emergency Response Team deployed to Butte County for 10 days to offer aid to hundreds of animals displaced or otherwise affected by the fire.The team returned to San Diego Dec. 19 with eight dogs and three cats, some of whom received treatment for burns caused by the fire.The owners of the 11 animals surrendered them to the Humane Society because they could no longer care for them. As a result, they will not have an owner seeking to find them once conditions improve in the areas affected by the fire.The Humane Society will put a group of the displaced animals up for adoption at 10 a.m. at its main campus, located at 5500 Gaines St. Available animals include 11-year old shepherd mix Cinnamon, a bonded pair of 6-year old miniature pinscher mixes named Pikachu and Panchie and a 3-year old cat named Sunshine.Residents can view the Humane Society's adoptable animals at sdhumane.org/pet. Adoptions will be on a first-come, first-served basis. 1129

SAN DIEGO (CNS) - San Diegans will have their first opportunity to watch the city's National Lacrosse League expansion team Saturday evening when the San Diego Seals conduct a free open practice and intersquad scrimmage at Valley View Casino Center.Arena doors will open at 6 p.m., with the practice starting at 6:15 p.m. Coaches and players will provide insight to fans throughout the practice about themselves and the value and importance of each drill.The scrimmage will begin at 7 p.m. Fans will be invited onto the field for autographs and photos with the team following the scrimmage.Admission and parking are free, but tickets are required, which are available at SealsLax.com.The practice and scrimmage are the only opportunity for fans to see the Seals on the field in San Diego before the home opener Jan. 12 against the Rochester Knighthawks.The Seals will begin play Dec. 22 in Denver against the Colorado Mammoth. 934

SAN DIEGO (CNS) - San Diego County will have enough water for 2019 in spite of low rainfall and high temperatures over the past year, the San Diego County Water Authority announced today.Rainfall during the 2018 water year, which ran from Oct. 1, 2017, to Sept. 30, totaled slightly more than three inches at San Diego International Airport, the county's precipitation measurement site. SDCWA officials say that's 67 percent lower than usual and the county's second-lowest annual rainfall total since 1850.Despite the scant amount of rain, the Water Authority expects that increased water-use efficiency and many water supply facilities will keep the county well-stocked with water for the immediate future. The Carlsbad Desalination plant produces roughly 50 million gallons of safe and drinkable water per day and the San Vicente Dam currently holds about 100,000 acre-feet of water after the Water Authority took action to conserve water resources because of recent droughts.One acre-foot of water, roughly 325,900 gallons, can supply two four-person households for a year, according to the agency."It has been very hot and dry, but we have invested wisely in infrastructure, and regional water use remains well below where it was at the start of the last drought," said Jeff Stephenson, the Water Authority's principal water resources specialist. "In fact, potable water use over the past three-plus years was 17 percent below 2013, which shows that San Diego continues to live WaterSmart."San Diego County currently has "severe drought" conditions, according to a regional classification by the U.S. Drought Monitor, but the investment of more than .5 billion over the last 30 years for local water infrastructure improvements has paid off, according to the SDCWA.Along with that investment and hedging against future droughts, the county is expected to see more rainfall in the coming months, Stephenson said."We are looking for a wet winter locally, and in the Sierra and Rocky Mountains, to help replenish reserves for future years," he said. 2060