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SAN DIEGO (CNS) - A transient who allegedly overpowered a woman in the East Village, dragged her into some bushes and sexually assaulted her before running away pleaded not guilty Tuesday to three felony charges, including assault with intent to commit rape.Gary Ryan Cushinberry, 51, who is on felony probation for robbery and failing to appear in court, was ordered held without bail.Late on the evening of Nov. 5, Cushinberry allegedly grabbed a 26-year-old pedestrian walking by herself in the 400 block of 13th Street, pulled her off the sidewalk and assaulted her before fleeing.Detectives identified Cushinberry -- a recent transplant from Indiana who has been living on the streets of San Diego -- as the alleged perpetrator by means of ``several tips and leads,'' Lt. Jason Weeden said.Cushinberry was arrested last Friday about 6:45 a.m. in the 200 block of 17th Street.When Judge Jay Bloom ordered the defendant to stay away from the alleged victim, Cushinberry said ``I don't know the woman,'' according to Deputy District Attorney Martin Doyle.The prosecutor said Cushinberry has a criminal past from Indiana that is still being looked into.Cushinberry -- who is also charged with two counts of digital penetration by a foreign object, faces 21 years in prison if convicted, Doyle said.A readiness conference was set for Dec. 3 and a preliminary hearing for Dec. 5. 1391
SAN DIEGO (CNS) - Gov. Jerry Brown today appointed a former Del Mar councilman to the 22nd District Agricultural Association Board of Directors and reappointed two other San Diego County residents to the panel.Brown named Del Mar resident Donald Mosier, 74, to a four-year term on the board that governs the Del Mar Fairgrounds on behalf of the state via a nine-member board of directors. The governor appoints each member of the board to serve a four-year term.The District Agricultural Association is a subdivision of the California Department of Food and Agriculture, charged with holding fairs and exhibitions that highlight "various industries, enterprises, resources, and products of the state," according to the CDFA.The governor reappointed attorney Frederick Schenk, 65, and Lisa Barkett, 59, who have served since 2011.Mosier is the Climate Action Plan facilitator for the city of Del Mar and is a member of multiple governing boards, including the Del Mar Community Connections Board, the American Association for the Advancement of Science and the Climate Action Campaign Board of Directors. He served on the Del Mar City Council from 2008 to 2016 and was a professor at the Scripps Research Institute from 1992 to 2016.Barkett, who was vice president of Merjan Financial Corp. from 1989 to 2013, is a member of the Board of Trustees for both the University of Southern California and Rady Children's Hospital.The appointments do not require confirmation by the state Senate. The board members are not paid for their service. 1545

SAN DIEGO (CNS) - Authorities Wednesday released the name of a 19-year-old man killed last week in a shooting at Linda Vista Recreation Center.Nam Nguyen of San Diego was shot by an unidentified assailant about 4:45 p.m. Friday during a fight between two groups of young men near a basketball court at the city recreation facility in the 7000 block of Levant Street, according to police.Paramedics took Nguyen to a nearby hospital, where he was pronounced dead, Lt. Martha Sainz said.RELATED: One shot, killed at Linda Vista recreation centerThe reason for the brawl that led to the shooting was unclear. 612
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 long-planned but controversial religious tourism and conference center project in Mission Valley received final approval today from the San Diego City Council.Construction of the 1 million Legacy International Project will be funded by televangelist Morris Cerullo.Slated for the 18-acre site of the former Mission Valley Resort, the project encompasses five buildings, including a new 127-room hotel and restaurant. It will also have a replica of Jerusalem's Wailing Wall and a domed theater featuring biblical films.At a hearing two weeks ago, opponents expressed concerns over the potential for increased traffic in an already congested area.Cerullo's organization plans to add one lane in each direction on Hotel Circle South. Under a permit condition, they plan to maintain a count of vehicles that enter the facility's driveway over the first three years.On its second reading, the item was passed without comment on a 7-2 vote, with Georgette Gomez and Chris Ward dissenting.The council also approved an amendment to council policy that will move up the timeline for receiving ballot submissions from the public.The change does not affect citizens initiatives or referendums that go through the signature collection process.According to City Clerk Elizabeth Maland, the amendment will provide a little more clarity to the public about the process. She said receiving the measures earlier will give city officials more time to provide legal review and analysis, along with help in drafting language.The policy change will also affect submissions from city officials and departments or other public agencies. 1644
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