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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 average price of a gallon of self-serve regular gasoline in San Diego County dropped Saturday for the 19th consecutive day and the 31st time in 32 days, decreasing a half-cent to .612.The average price has dropped 22.6 cents over the past 32 days, including six-tenths of a cent Friday, according to figures from the AAA and Oil Price Information Service.The average price is 3.7 cents less than one week ago and 22.2 cents lower than one month ago, but 40.1 cents more than one year ago. It has risen 49 cents since the start of the year.RELATED: Find the cheapest gas in your neighborhoodSouthern California gas prices are dropping at a fairly steady pace from their highest levels since 2014 but are expected to still be 50 to 60 cents higher per gallon than during last year's holiday. The vast majority of Southern California travelers -- 3.6 million or 86 percent of all travelers -- drove to their Thanksgiving destinations, a 5.1 percent increase over last year. 1012

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) - Ralphs Grocery Co. has agreed to pay ,000 to settle a discrimination lawsuit alleging a courtesy clerk at its Point Loma store was denied a request to change her work schedule to accommodate her pregnancy, the U.S. Equal Employment Opportunity Commission announced Wednesday.The agency's lawsuit alleged the Ralphs store in question denied the employee's request to change her schedule, in violation of Title VII of the Civil Rights Act of 1964 and the Pregnancy Discrimination Act of 1978, and she was forced to quit as a result."The EEOC applauds Ralphs for agreeing to meaningful measures to protect pregnant employees in the workplace," said Anna Park, regional attorney for the EEOC's Los Angeles District, whose jurisdiction includes San Diego County. "Frontline managers and supervisors must be educated on their obligation to properly handle accommodation requests for pregnancy-related medical conditions."In addition to the monetary relief, Ralphs has agreed to review and revise its policies and procedures on discrimination and provide training to employees and managers on federal anti-discrimination laws, with an emphasis on pregnancy discrimination and handling employees' accommodation requests for pregnancy-related medical conditions, according to the EEOC.Patricia Kane, acting director of the EEOC's San Diego's local office, said, "With the proper policies and procedures in place, employers can reasonably accommodate a pregnant employee. Employers should take stock and review their policies and practices to ensure they are compliant with federal law." 1606

SAN DIEGO (CNS) - San Diego County reported 236 new cases of COVID-19 and five additional deaths Sunday, raising the county's totals to 48,436 cases and 803 fatalities.Four of the 236 new cases are connected to San Diego State University and two previously reported confirmed cases are now associated with SDSU, bringing the total number of cases there to 1,127, according to public health officials.Five men died between Sept. 6 and Sept. 21 and their ages ranged from mid-40s to mid-80s, officials said Sunday. All five had underlying medical conditions.Of the 8,797 tests reported as of Saturday, 3% returned positive, bringing the 14-day rolling average percentage of positive cases to 3.1%. The state-set target is less than 8%. The seven-day daily average of tests was 9,226.Of the total number of cases in the county, 3,575 -- or 7.4% -- have required hospitalization and 831 -- or 1.7% of all cases -- had to be admitted to an intensive care unit.No new community outbreaks were confirmed Sunday. In the seven days from Sept. 27 through Oct. 3, 24 community outbreaks were confirmed. The number of community outbreaks remains above the trigger of seven or more in seven days. A community setting outbreak is defined as three or more COVID-19 cases in a setting and in people of different households over the past 14 days.San Diego State University announced Wednesday that it was extending a pause on in-person courses through Oct. 12. Effective that day, a limited number of courses will resume in-person. Most of those courses are upper-division or graduate level, and have been "determined by faculty and academic leaders to be essential to student degree completion, licensure, and career preparation," university officials said in a statement.Approximately 2,100 students will be enrolled in an in-person course. Prior to the in-person pause, 6,200 students were enrolled in an in-person course.Paul Gothold, San Diego County's superintendent of schools, said Wednesday that schedules for the county's many districts and charter schools have not been drafted yet, but they're coming.The county has expanded its total testing sites to 41 locations, and school staff, including teachers, cafeteria workers, janitors and bus drivers, can be tested for free at any one of those sites. A rotating testing program with the California Department of Forestry and Fire Protection was in the works for schools in the county's rural areas.There are no state testing requirements for children, but all school staff who interact with children must be tested every two months. If schools were to open before San Diego County headed to a more restrictive tier in the state's monitoring system, they would not be affected. However, if a move to a different tier happened before schools opened for in-person learning, it would change the game plan, County Supervisor Nathan Fletcher said.If parents want to test their children for the illness, they have options, including Rady Children's Hospital, through Kaiser Permanente or through the 41 sites the county manages. Children as young as 6 months can be tested at the county-run sites.On Tuesday, the county again avoided being pushed into the "purple" tier, the most restrictive in the state's four-tier reopening plan. The county will remain in the red tier for COVID-19 cases, with a state-adjusted case rate of 6.7 per 100,000 residents. The county's testing positivity percentage is 3.5%.The California Department of Public Health will issue its next report on county case rates on Tuesday. 3551

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