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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 woman died Monday after being injured Sunday when she was hit by a car in Rancho Penasquitos, police said.The San Diego County Medical Examiner says Nang Arm, 37, died after she was taken off life support Monday. Medics responded to a call at 7:07 a.m. Sunday on Black Mountain Road and Carmel Mountain Road, where they found an unconscious woman with face injuries, San Diego police Sgt. Robert Hawkins said.A gold-colored 2006 Nissan Sentra driven by 20-year-old Uvelyn Nunez- Jaramillo and carrying two passengers, was heading south on the 13700 block of Black Mountain Road when the car veered to the right, SDPD Sgt. Tim Underwood said.The car went onto a sidewalk, damaged a fence, then struck the Nang. She was taken to Scripps La Jolla Hospital, Hawlins said.The car continued a short distance down the street, where it also hit a water line before it came to a stop. Nunez-Jaramillo exited the Nissan and walked away.Several passersby stopped at the scene to render aid to the woman and emergency personnel, Underwood said.Detectives determined that Nunez-Jaramillo caused the crash. She was contacted and returned to the scene, where police determined she allegedly was driving under the influence.She was arrested and booked in the Las Colinas Women's Detention Facility for felony driving under the influence and felony hit and run.Detectives also interviewed Nunez-Jaramillo's two passengers, who were released, Underwood said. 1468

SAN DIEGO (CNS) - A Southwest High School student was detained today for displaying what initially appeared to be a firearm over his home computer during a remote-learning class, police reported.A staff member at the Hollister Street campus reported the potential threat shortly before 9:30 a.m., according to San Diego police.Patrol personnel went to the teen's nearby Nestor-area home and called him out, then took him into custody for questioning, Officer Scott Lockwood said.After the youth -- who turned out to be in possession of a BB gun, not a real firearm -- complained of shortness of breath, medics transported him to Rady Children's Hospital for an evaluation.The student, whose identity was withheld, was not expected to face any criminal charges over the incident but will undergo a psychiatric screening intended to determine the motivation for his actions, Lockwood said. 895

SAN DIEGO (CNS) - A Utah man who robbed a Carlsbad Motel 6 at gunpoint, then was arrested attempting to re-enter the United States, was convicted of federal robbery and firearm-related charges, the U.S. Attorney's Office announced Wednesday.Lance Lamont Lavert of Salt Lake City, 37, was convicted Tuesday by a San Diego federal court jury for the July 9, 2018, morning robbery of the motel on Paseo Del Norte.Prosecutors said Lavert and his girlfriend asked for a room, but were denied due to a lack of ID.Lavert then pointed a gun at the motel clerk and her manager, demanding money. When the clerk and manager ran, Lavert leapt over the counter, kicked in the door of the bathroom where the clerk was hiding, dragged her back to the cash register by her hair and pistol-whipped her in the head, court documents state.Along with 5 in cash, Lavert and his girlfriend made off with the clerk's car keys and stole the clerk's car, prosecutors said.Lavert was arrested two days later trying to cross the border back into the United States. The revolver he used in the robbery was found in his waistband.In addition to committing the robbery, Lavert was convicted for possession of a gun while having several prior felony convictions, including for arson in Utah and assault with a deadly weapon out of Imperial County, the U.S. Attorney's Office said.Lavert's girlfriend pleaded guilty prior to the trial, according to prosecutors. 1440

SAN DIEGO (CNS) - A motorist was killed when his car was struck by a trolley after he drove past a trolley crossing gate in the Valencia Park area, police said Tuesday.The crash happened around 11:45 p.m. Monday near the intersection of Merlin Drive and Imperial Avenue, east of Valencia Parkway, San Diego police Officer John Buttle said.A 22-year-old man was driving a Toyota Prius southbound on 60th Street toward Imperial Avenue when he drove past trolley crossing arms and was struck by an eastbound trolley, Buttle said. The impact pushed the vehicle about 100 feet down the tracks.The victim, the only occupant of the Toyota, was pronounced dead at the scene, the officer said. The man's name was withheld pending family notification. 749