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SAN DIEGO (CNS) - A man smashed a display case at a Mira Mesa jewelry store and stole several necklaces, police said Tuesday.The theft was reported shortly after 6:50 p.m. Monday at Daniel's Jewelers in the shopping center near Mira Mesa Boulevard and Camino Ruiz, San Diego police Officer John Buttle said.A man entered the store and smashed a glass display case with a hammer, Buttle said, adding that the thief did not threaten the employee.The thief then grabbed several necklaces from the display case and fled in an unknown direction, the officer said.The suspect was described as a 5-foot-9 to 5-foot-10 Black man in his late 20s. He was last seen wearing a black mask, a blue sweatshirt and khaki pants. 719
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 man who went on a South Bay crime spree that included shooting at a moving vehicle and ramming an occupied San Diego police vehicle during a pursuit was sentenced Thursday to 19 years in state prison.Alfonso Ayala Flores, 26, pleaded guilty earlier this year to charges of assault with a semi-automatic firearm and resisting arrest for a series of crimes last November that culminated in him driving toward officers who cornered him in a cul-de-sac and ramming a patrol car.One officer opened fire on the pickup truck Flores was driving, striking the truck, but not Flores.He was also given a separate 16-month sentence for an unrelated burglary case, but that term will be served concurrently with his 19-year prison term.The spree began with Flores carjacking a motorist's Ford F-150 pickup at the Frontier Motel in San Ysidro on Nov. 6. Deputy District Attorney Mary Naoom said that on the following day, Flores shot at an occupied vehicle.Two days later, he sped off when San Diego police spotted him driving the stolen truck in the 1900 block of Dairy Mart Road in San Ysidro. The suspect, who had a female companion in the truck with him, fled west, where he wound up at the end of a cul-de-sac in the Nestor neighborhood.As officers got out of their cars and shouted at him to halt, Flores made a U-turn and accelerated toward them, prompting one of the officers to open fire, police and prosecutors said.Naoom said Flores rammed the patrol car with the pickup as he sped away, with police again in pursuit. The subsequent chase ended in the 1200 block of Holly Avenue in Imperial Beach, where he pulled over and ran off along with the woman, according to Sainz.His companion was quickly apprehended and questioned by police before being released. Flores was arrested a day later. 1815
SAN DIEGO (CNS) - Embattled Rep. Duncan Hunter criticized Navy officials Monday for their plans to possibly remove a Navy SEAL acquitted of murder charges from the service against the wishes of President Donald Trump. Hunter commented Monday outside San Diego federal court regarding the Navy's handling of the war crimes case of Navy SEAL Chief Edward Gallagher, who was acquitted by a military jury this summer of stabbing a wounded teenage ISIS fighter to death in Mosul, Iraq, as well as other charges of attempting to kill unarmed Iraqi civilians. Hunter discussed the Gallagher case for about five minutes with reporters, but did not comment regarding his ongoing campaign fraud case, in which he's accused of misusing 0,000 in campaign funds for personal use. Hunter was indicted along with his wife on five dozen criminal counts, including wire fraud, conspiracy, and falsification of records. Margaret Hunter, 44, has pleaded guilty to a conspiracy charge and awaits sentencing. Monday's hearing was postponed, but Hunter will return to court Dec. 3. RELATED COVERAGE:Trump says Navy won’t remove Gallagher’s SEAL’s designationEsper says Trump ordered him to allow SEAL to keep statusPentagon chief fires Navy secretary over SEAL controversyNavy to initiate 'Trident Review' of Navy SEAL Edward GallagherChief Edward Gallagher review expected to proceed despite Trump's oppositionGallagher was demoted in rank based on the sole conviction he received in the court martial for posing with the ISIS fighter's corpse in a photograph. On Nov. 15, Trump restored Gallagher's rank, but Navy officials said days later that a ``trident review'' would go forward regarding whether Gallagher would remain a member of the SEALs. Hunter, who has supported Gallagher throughout his court martial and news of the trident review, said ``The military will never admit that it's wrong on anything even when it obviously is,'' calling the Gallagher case an example of ``prosecutorial and bureaucratic abuse from within the military system.'' Hunter, who told reporters he's been in contact with Gallagher, said ``What the Navy was going to do was purely punitive, just to slap (Gallagher) in the face one last time before he retired.'' Hunter also criticized the Navy for ignoring Trump's authority as commander in chief. ``When the president says that Eddie Gallagher will retire with his trident with all the honors that he's earned in the Navy, that sends a pretty clear message that no retaliatory act by the Navy against Chief Gallagher is going to be accepted by the president,'' Hunter said. ``In this case, President Trump is the Secretary of the Navy's boss. He's everybody in the military's boss. So when he says something, whether he tweets it or not, or says it in a certain way or not, just because it's not written in the perfect bureaucratic order or way that we're used to from other people, doesn't mean that he doesn't mean what he says.'' On Sunday, Trump tweeted that he was ``not pleased with the way that Navy Seal Eddie Gallagher's trial was handled by the Navy,'' and said that Gallagher would retire with his Trident Pin. Navy Secretary Richard Spencer was fired Sunday, with the Gallagher case cited in a statement from the Pentagon as the central factor in Spencer's removal. DOD spokesman Jonathan Hoffman wrote that Secretary of Defense Mark Esper asked for Spencer's resignation after Spencer privately proposed to the White House to restore Gallagher's rank, despite his opposing public stance on the issue. In a resignation letter dated this Sunday, Spencer does not reference Gallagher specifically, but states that issues with Trump played a role. ``Unfortunately it has become apparent that in this respect, I no longer share the same understanding with the Commander in Chief who appointed me, in regards to the key principle of good order and discipline,'' he wrote. ``I cannot in good conscience obey an order that I believe violates the sacred oath I took in the presence of my family, my flag and my faith to support and defend the Constitution of the United States. The President deserves and should expect a Secretary of the Navy who is aligned with his vision for the future of our force generation and sustainment.'' In Trump's Sunday tweet regarding the Gallagher case, he briefly thanked Spencer ``for his service & commitment.'' The Navy SEAL review board is slated to hear Gallagher's case on Dec. 2. 4454
SAN DIEGO (CNS) -- Hot temperatures are expected Tuesday throughout San Diego County amid a heat wave that will last through Thursday, according to the National Weather Service.High pressure will continue to strengthen through Thursday, causing the mercury to rise in most parts of the county, forecasters said. Temperatures will drop to around average when low pressure arrives on Friday.10News Meteorologist Megan Parry says temperatures are expected to near record highs in San Diego, Chula Vista, El Cajon, Oceanside, Carlsbad, Escondido, Poway, La Mesa, and Vista. Tuesday is set to be the hottest day of the year so far, according to Megan's forecast.RELATED: 10News Pinpoint Weather ForecastA heat advisory will be in effect Tuesday from 11 a.m. to 7 p.m. in coastal areas.Winds out of the east will be calmer than Monday, with wind speeds between 15-25 mph expected and gusts possibly reaching 40 mph.The NWS urged residents to drink plenty of fluids, stay out of the sun and check up on relatives and neighbors.Also, young children and pets should be never be left unattended in a vehicle, with car interiors able to "reach lethal temperatures in a matter of minutes," according to the NWS.High temperatures Tuesday are forecast to reach 91 degrees near the coast, 98 inland, 99 in the western valleys, 91 near the foothills, 86 in the mountains and 100 in the deserts.The mercury in coastal areas is expected to top out in the high-70s to low-80s near the coast and the mid-80s to low-90s inland on Wednesday, while temperatures in the western valleys are forecast to reach the low- to mid- 90s, forecasters said. 1631