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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) - A San Diego businesswoman pleaded guilty Wednesday to conspiracy, securities fraud and obstruction of justice charges for taking hundreds of millions of dollars in investor funds intended as loans for liquor licenses and funneling the money into her companies and for personal purchases.Gina Champion-Cain, founder and former CEO of American National Investments, was charged by the Securities and Exchange Commission last summer with taking millions from investors and telling them the money would be used to support loans for people seeking California liquor licenses. Instead, she used the money for personal expenses, to fund her other businesses or to pay back other investors, prosecutors said.Champion-Cain faces a maximum possible term of 15 years in prison.RELATED: Several popular San Diego restaurants to close after CEO accused in 0 million fraud schemeMore than 0 million from more than 100 investors went into the scheme between 2012 and 2019, according to the plea agreement. Prosecutors said at least one financial institution that invested lost more than million, and that the loss to all investors ranges from between million to 0 million.According to the plea agreement, Champion-Cain used at least million in investor funds to meet expenses at her businesses. In addition, funds were used to pay for residences in Mission Beach and Rancho Mirage, at least million to pay her own salary at American National Investments, and hundreds of thousands of dollars was spent on sporting events, automobiles, credit card bills, jewelry and more.The plea agreement states that the lending program investors were putting funds into "was completely fictitious" and that many of the supposed liquor license applicants had not sought loans through Champion-Cain. Instead, she created fake lists with applicant names pulled from the Department of Alcohol Beverage Control website, according to the plea agreement. 1967

SAN DIEGO (CNS) - Margaret Hunter, who pleaded guilty along with her husband -- former Rep. Duncan Hunter -- to illegally spending hundreds of thousands of dollars in campaign funds for personal purposes, was sentenced Monday to eight months of home confinement, slated to begin immediately, and three years probation.The former East County congressman's wife, who also acted as his campaign manager during much of the time the pair improperly spent campaign funds on personal expenditures, pleaded guilty to a conspiracy charge more than a year ago.Duncan Hunter pleaded guilty about six months later, then resigned from Congress the following month. He was sentenced in March to 11 months in federal prison, but has yet to serve any of his term as the COVID-19 pandemic led to a postponement of his self-surrender date. He's not expected to report to prison until possibly as late as January.Margaret Hunter's attorneys argued for an out-of-custody sentence involving home confinement and prosecutors agreed, citing her agreement to cooperate with investigators and the manner in which prosecutors say her husband directed blame at her when the allegations became public.Prosecutors did seek to have her home confinement delayed until January, as they stated it would be more punitive at that time, with the COVID- 19 pandemic currently keeping the majority of the general public confined to their homes.However, U.S. District Judge Thomas Whelan opted to begin her term immediately.Margaret Hunter made a brief, tearful statement to the court prior to sentencing, saying "I continue to take full responsibility. I'm deeply sorry."Assistant U.S. Attorney Emily Allen said the defendant spent most of the funds, but her role was "far less egregious" than that of her husband, who the prosecutor said was "the driving force" behind the crime."He was the elected official. He was the person in charge of the campaign and he was the decision maker who chose to allow this to go on," Allen said.Prior to his plea, Duncan Hunter repeatedly and publicly denied wrongdoing. He attributed more than ,000 in video game purchases to his son, while later suggesting his wife may have been responsible for the misspending, as she was the campaign manager and in charge of those finances.He later accused the U.S. Attorney's Office of a politically motivated prosecution, saying some of the lead prosecutors in his case attended a fundraiser for Hillary Clinton's presidential campaign. He alleged the prosecution targeted him because he was one of the earliest supporters of Donald Trump's presidential campaign."Today we're reminded that no one is above the law," Assistant U.S. Attorney Mark Conover said following the hearing.The prosecutor said the sentence handed down was appropriate because "not only did she have to withstand being thrown under the proverbial bus by her husband, but she took responsibility."Conover also credited Margaret Hunter's cooperation, saying that without it, prosecutors would have likely had to go to trial in order to secure a conviction against Duncan Hunter. Her cooperation "led Congressman Hunter to understand that he would not escape responsibility for his crime," according to Conover.The couple were indicted in 2018, charged with unlawfully spending hundreds of thousands of dollars on family vacations, restaurant and bar tabs, clothes and other frivolous expenses over the course of several years, while falsely stating to staff that the purchases were campaign-related.Prosecutors said that despite their lavish spending, the couple were in dire financial straits, overdrawing their bank account more than 1,100 times over a seven-year period.Amid the charges and public allegations, Hunter was re-elected in November 2018 with 51.7% of the vote in the 50th Congressional District, despite being indicted three months prior. He was first elected in 2008, succeeding his father, who held the congressional seat for 28 years. 3971

SAN DIEGO (CNS) - California Highway Patrol officers arrested fewer people than last year for suspected drunk driving in San Diego County so far during the Christmas holiday enforcement period, the agency said today.CHP officers arrested 33 people in the county between 6 p.m. Friday and 6 a.m. Sunday, an officer said. That's down from 40 arrests in the area at the same time last year.Statewide, the CHP arrested 639 people for suspected DUI violations Friday night and early Sunday, up from 604 in 2017.There were 20 traffic fatalities reported by law enforcement agencies across the state during the period -- including one in San Diego County. There were four fatalities reported statewide at this point in the Christmas holiday last year. 752

SAN DIEGO (CNS) - Federal agents thwarted a maritime human smuggling attempt off the coast of San Diego Tuesday morning, taking 14 undocumented immigrants into custody and arresting two of them on suspicion of leading the group illegally into U.S. waters. Personnel with the U.S. Coast Guard spotted the border-crossers' boat heading north without running lights near the international marine boundary at about midnight, according to U.S. Border Patrol public affairs. Agents with Customs and Border Protection Air and Marine Operations intercepted the camouflage-painted pleasure craft roughly eight miles west of Mission Bay and took the occupants -- two women and 12 men -- into custody. RELATED: Border officials say the wall is working, drug smuggling shifting to the seaDuring interviews with the detainees, the federal personnel determined that they were Mexican nationals illegally in the United States, according to USBP public affairs. In addition to taking the migrants into custody, agents seized the boat the group had used to enter U.S. waters. 1066