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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 San Diego Humane Society has changed its adoption process to a socially-distant experience, allowing prospective pet owners adhering to California's stay-at-home order to adopt a new furry friend from afar.An adoption counselor will call the prospective adopter to conduct a consultation over the phone to discuss available animals and help the adopter choose the pet which best fits their lifestyle. Once the pet is adopted, the adopter can drive up to the campus and staff will help safely load the animal into the adopter's car.RELATED:Amid COVID-19 closures, some San Diegans turn to pet adoptionSan Diego area puppy stores accused of selling dogs from puppy millsHelen Woodward launches 'critter cam' amid social distancingHumane Society campuses in Escondido, Oceanside and San Diego are open by appointment only each day from 10 a.m. to 4 p.m. Interested adopters should call the society at 619-299-7012 to make an appointment."The COVID-19 pandemic is presenting significant challenges for San Diego Humane Society's lifesaving work, but it is imperative that we continue to find homes for the animals in our care," said SDHS President and CEO Dr. Gary Weitzman. "The flow of animals into shelters will not cease due to this virus, so we are pleased to be able to continue providing adoption services in this way."San Diego Humane Society is encouraging any community member who is able to open their home and heart to a shelter pet in need. The organization currently has more than 100 pets available for adoption. 1553

SAN DIEGO (CNS) - San Diego County health officials have reported a huge jump in COVID-19 cases -- a record 1,087 -- and no additional deaths, bringing the county's total to 64,768 cases, with the death toll remaining at 926.Sunday was the fifth-consecutive day that more than 600 new coronavirus cases were reported by the county.On Saturday, the county set a record of 736 new cases. On Wednesday, a record 661 cases were reported in the county -- surpassing the 652 cases reported Aug. 7. Another 620 cases were reported Thursday."This is a stark reminder that COVID is real, is spreading and must be taken seriously," Supervisor Nathan Fletcher said Sunday. "At this point, we are pleading with the public to take action to slow the spread: Wear a mask, physically distance, and limit contact with those outside of your household."Dr. Wilma Wooten, the county's public health officer, added that in the weeks following Halloween, this record case jump is a warning sign people "need to follow public health guidance throughout the upcoming holiday season."The rapid rise in cases comes as state data has landed the county in the most restrictive tier of the state's COVID-19 reopening plan. The restrictions associated with the purple tier went into effect just after midnight Saturday.Many nonessential businesses are now required to move to outdoor-only operations. These include restaurants, family entertainment centers, wineries, places of worship, movie theaters, museums, gyms, zoos, aquariums and cardrooms.The restrictions include closing amusement parks. Bars, breweries and distilleries are able to remain open as long as they are able to operate outside and with food on the same ticket as alcohol.Retail businesses and shopping centers can remain open with 25% of the building's capacity. No food courts will be permitted.Schools are able to remain open for in-person learning if they are already in session. If a district has not reopened for in-person learning, it must remain remote only. Offices are restricted to remote work.Remaining open are essential services, personal care services, barbershops, hair salons, outdoor playgrounds and recreational facilities.The county's demotion from the less-restrictive red tier is the result of two weeks of case rates that exceeded the threshold of 7 per 100,000 residents.In recent weeks, the region had an unadjusted rate well above the purple tier guidelines, but a significant effort to increase the volume of tests had allowed for an adjustment to bring it back to the red, or substantial, tier.State officials reported Tuesday that San Diego County had an unadjusted new daily coronavirus case rate of 10.0 per 100,000. The adjusted case rate dropped to 8.9 per 100,000. Last week's unadjusted case rate was 8.7 per 100,000.According to the reopening plan, a county has to report data exceeding a more restrictive tier's guidelines for two consecutive weeks before being moved to that tier. A county then has to be in that tier for a minimum of three weeks before it may move to a less restrictive tier.Even as the number of cases climbs, the testing positivity rate for the region continues to decline. From last week's data, it dropped to 2.6%, a 0.8% decline. It still remains high enough for this metric to remain in the orange tier.The state's health equity metric, which looks at the testing positivity for areas with the least healthy conditions, increased from 5.3% to 6.5% and remained in the red tier. This metric does not move counties backward to more restrictive tiers, but is required to advance.Of the 12,349 tests reported Sunday, 9% returned positive, increasing the 14-day rolling average of positive tests to 4.2%.Of the total number of cases in the county, 4,197 -- or 6.5% -- have required hospitalization and 958 patients -- or 1.5% of all cases -- had to be admitted to an intensive care unit.The number of community outbreaks in the past week was 45 as of Saturday.The county launched a COVID-19 case rate map Thursday showing how cities and communities are being impacted by the novel coronavirus. The interactive map allows users to identify the case rate per 100,000 residents in cities and communities or by ZIP codes.The map also shows where each area falls under the different state tiers and whether their case rate and testing positivity are going up or down.Click here for the full map 4396

SAN DIEGO (CNS) - The San Diego County Board of Supervisors voted unanimously Tuesday to discuss the reorganization of the county's fire protection and emergency medical services into two separate agencies at its July 7 meeting.The reorganization would allow more flexibility for, and accountability of, dependent fire and medical services in the county's unincorporated areas, Supervisor Jim Desmond said.One of the agencies would be the Fire Protection District, which would provide fire services to the jurisdictions within the current service area. The other would be the Fire Authority, which would continue focusing on public safety radio communications.The supervisors formed the San Diego County Fire Authority in 2008 and developed a plan to cover and consolidate 1.5 million acres. The authority is currently part of County Service Area 135, which provides the government structure to organize and fund fire protection and emergency medical services in the unincorporated area.Since the creation of the authority, the board has invested more than 0 million to boost fire and emergency services capabilities. Currently, the Fire Authority contracts with the California Department of Forestry and Fire Protection to provide services. Collectively, the services are known as County Fire.According to a staff report, County Fire has more than doubled in size in the past five years. The proposed reorganization of the agency was proposed by Supervisor Dianne Jacob, who described its evolution as like a "baby" growing into an adult.If the board agrees to separate the two functions "to better meet current and future demands," using Jacob's recommendations, it would divest County Service Area 135 of its fire protection and emergency services powers and subsequently create the San Diego County Fire Protection District, which would be a committed county function. The service area would then be left with public safety radio communication powers. 1966

SAN DIEGO (CNS) - Police were searching today for two men suspected of being involved in a shooting on an Encanto street.A man and a woman were standing outside of a parked car on 59th Street near Market Street around 7:20 p.m. Saturday when two men approached them, San Diego Police Sgt. Michael Tansey said. One suspect pulled out a handgun and shot at the male victim, who was hit once in his right ankle. The two suspects ran away north on 59th Street, then west on KenwoodStreet. RELATED: Man Tased in face, stabbed during fight in Rolando ParkOne suspect was described as a black man with a red hooded sweatshirt and his hair in a ponytail, according to Tansey. A good description was notavailable for the other suspect.The victim was taken to a hospital for treatment of his gunshot wound, which was not believed to be life-threatening, Tansey said. 864

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