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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 masked man wielding an aluminum baseball bat robbed a Park West-area bank Tuesday.The thief confronted a teller at the Union Bank branch office in the 300 block of Laurel Street and demanded cash about 12:15 p.m., according to the FBI.After the clerk handed over an undisclosed amount of money, the bandit left the bank and fled the area in a red car, San Diego police reported.The robber was described as a roughly 6-foot-tall, 20- to 30-year-old black man wearing black pants, a blue long-sleeved shirt, tennis shoes, gloves and a white "theater style" mask, according to the FBI. 610

SAN DIEGO (CNS) - A man who fired a pellet gun at Navy SEAL instructors and trainees conducting a nighttime training exercise near Liberty Station was sentenced on Thursday to a year in jail.Scott Douglass Weaver, 48, pleaded guilty last month to making an attempted threat on a witness and brandishing a replica firearm.Because of credit for time already served, Weaver will spend about 80 more days in local custody before being released, authorities said.Dispatchers received a report of a man shooting at Navy officers shortly before 10:45 p.m. on July 23 in the 2500 block of Laning Road and Weaver was arrested. No military personnel were injured, according to the Navy.Police did not say if Weaver had a motive for firing at the SEALs or if he was even aware of who he was shooting at.In light of the shooting, the Naval Special Warfare Command said it would evaluate its training procedures. Prospective SEALs are known to train in Coronado, the Silver Strand and areas in San Diego Bay. 1003

SAN DIEGO (CNS) - Lab-confirmed flu cases increased countywide last week for the second consecutive week, county health officials announced Wednesday.The county Health and Human Services Agency confirmed 74 flu cases, an increase of 22 cases over the revised 52 confirmed the previous week. The county confirmed 30 cases during the week of Oct. 20-26.County health officials have confirmed 475 flu cases to date since tracking for the 2019-2020 flu season began July 1. At this time last year, the county had only confirmed 190 cases.RELATED: Third patient dies of flu this season in San DiegoHealth officials have also confirmed three deaths from flu-related causes this flu season."We're seeing a steady increase in flu cases in recent weeks, a sign that influenza activity in the region is growing," said Dr. Wilma Wooten, the county's public health officer. "The best protection against influenza is getting a flu shot."County health officials and the U.S. Centers for Disease Control and Prevention strongly advise the annual flu vaccination for everyone 6 months and older, especially in demographics with a heightened risk of serious complications, such as pregnant women, people with chronic medical conditions like lung disease and people age 65 or older.RELATED: Health officials stress getting vaccinated for the flu ASAPResidents can take precautions against contracting the virus by frequently washing their hands, cleaning commonly touched surfaces and avoiding contact with sick people.The flu vaccine is available at local doctors' offices, retail pharmacies and the county's public health centers. A full list of locations offering flu shots can be found at the county's immunization website, sdiz.org, or by calling 211 for the county's health hotline.RELATED: Vaccine exemption rates among US kindergartners continue to climb, CDC says 1862

SAN DIEGO (CNS) - Military officials are preparing to transfer the remains of seven U.S. Marines -- including one from Montebello -- and a Navy sailor to Dover Air Force Base in Delaware over the next few days to be prepared for burial.The remains were recovered Friday after the Marines went missing near San Clemente Island when their amphibious vehicle sank during a training mission last month."Our hearts and thoughts of the 15th Marine Expeditionary Unit are with the families of our recovered Marines and Sailor," said Col. Christopher Bronzi, commanding officer of the 15th Marine Expeditionary Unit. "We hope the successful recovery of our fallen warriors brings some measure of comfort."Marine and Navy pallbearers will place the remains aboard an aircraft bound for Dover AFB in a solemn transfer, officials said. From Dover AFB, their remains will be released to their families in accordance with their wishes.RELATED: Remains of missing Marines and Sailor recoveredThe transfer of remains will not be open to the public.A group of service members and supporters went on an 8-mile hike Saturday morning in Carlsbad to honor the Marines and sailor.The U.S. military announced Tuesday it had located the amphibious assault vehicle that sank last week off the coast of San Diego County, killing the nine young servicemen, and confirmed the presence of human remains where the vessel came to rest on the sea floor.The naval Undersea Rescue Command made the discovery near San Clemente Island on Monday using video systems remotely operated aboard the HOS Dominator, a merchant vessel whose crew specializes in undersea search and rescue.The amphibious troop-transport vehicle was en route to a waiting ship during a maritime training mission about 80 miles west of Encinitas when it foundered for unknown reasons about 5:45 p.m. July 30, according to Lt. Gen. Joseph Osterman, commanding general of the 1st Marine Expeditionary Force.The 26-ton vessel went down roughly 1,600 yards from a beach on the northwest side of the island in water nearly 400 feet deep.Seven members of the Camp Pendleton-based crew survived the accident. Medics took two of them to Scripps Memorial Hospital La Jolla, where both were admitted in critical condition. One was later upgraded to stable condition.The other five rescued Marines received clean bills of health and returned to their units.Pronounced dead at the scene of the accident was Lance Cpl. Guillermo S. Perez of New Braunfels, Texas. Perez, 20, was a rifleman with Bravo Company, Battalion Landing Team 1/4, 15th Marine Expeditionary Unit.The 15th MEU, I MEF and Makin Island Amphibious Ready Group searched in vain for nearly two days for more survivors or their bodies, finally concluding the operation Aug. 1 after 40 hours of scanning some 1,325 square miles of water by sea and air.The other lost service members have been identified as:-- Lance Cpl. Marco A. Barranco, 21, of Montebello, a rifleman with Bravo Company, BLT 1/4, 15th MEU;-- Cpl. Cesar A. Villanueva, 21, of Riverside, a rifleman with Bravo Company, BLT 1/4, 15th MEU.-- Pfc. Bryan J. Baltierra, 18, of Corona, a rifleman with Bravo Company, BLT 1/4, 15th MEU;-- Pfc. Evan A. Bath, 19, of Oak Creek, Wisconsin, a rifleman with Bravo Company, BLT 1/4, 15th MEU;-- Christopher Gnem, 22, of Stockton, a Navy hospital corpsman with Bravo Company, BLT 1/4, 15th MEU;-- Pfc. Jack Ryan Ostrovsky, 21, of Bend, Oregon, a rifleman with Bravo Company, BLT 1/4, 15th MEU;-- Cpl. Wesley A. Rodd, 23, of Harris, Texas, a rifleman with Bravo Company, BLT 1/4, 15th MEU;-- Lance Cpl. Chase D. Sweetwood, 19, of Portland, Oregon, a rifleman with Bravo Company, BLT 1/4, 15th MEU; andCNS-08-09-2020 05:54 3719

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