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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 Tijuana man and his three adult children were indicted by a federal grand jury for allegedly smuggling hundreds of illegal immigrants across the border for profit, the U.S. Attorney's Office announced Friday.Luis Antonio Mendez-Brahan, 55, remains at large, but his children, Christopher Mendez, 28, and Wendy Monserrath Mendez, 24, both of Wasco in Kern County; and Nancy Jacqueline Suarez, 31, of Madera, were arrested at their homes on Thursday, prosecutors said.Mendez-Brahan is accused of leading the smuggling scheme for nearly a decade, which allegedly operated near the Tecate Port of Entry and "used an ever-changing cadre of spotters, guides and drivers" to move "hundreds of illegal aliens into the United States."Mendez-Brahan is accused of charging between ,000 and ,500 for each person smuggled into the U.S., while his children allegedly used family members in both countries to move the money. Border Patrol investigators tracked financial transactions between Mendez-Brahan's children in the U.S. to money service businesses in Tijuana, according to prosecutors.The four family members are each charged with conspiracy to bring in illegal aliens for financial gain, to transport illegal aliens and to conduct financial transactions with proceeds of specified unlawful activity. Mendez- Brahan is additionally charged with five counts of bringing in aliens for financial gain.His three children made their first appearances in San Diego federal court on Friday. 1509

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) - A motorist was killed in a fiery solo vehicle crash off Interstate 5 in the Barrio Logan area, authorities said Monday.The crash was reported shortly after 9:30 p.m. Sunday on southbound I- 5 near Cesar E. Chavez Parkway, California Highway Patrol Officer Tommy Strickland said.Investigators determined a pickup truck hit the center divide, then went down an embankment before ending up on a nearby street and catching fire, Strickland said.The truck's driver was pronounced dead at the scene, but no details about the victim were immediately available.The crash shut down the right two lanes near Cesar Chavez Parkway until about 11:45 p.m. Sunday. 675

SAN DIEGO (CNS) - A man was suspected of stealing a car from a Rolando Park used auto dealership early this morning, then crashing the car when he tried to flee from police.An unknown number of accomplices stole three other cars from the same dealership, and all the accomplices remained unaccounted for Sunday afternoon, San Diego Police Officer Sarah Foster said.Two of the cars were eventually recovered, while one was still outstanding.Police were alerted to a break-in around 2 a.m. at Cash For Cars on University Avenue, Foster said. Officers spotted one of the four stolen cars leaving the parking lot and tried to pull it over.The driver fled, and police pursued him until he crashed into an embankment on College Avenue near Streamview Drive, Foster said.The suspect was arrested with the help of a police dog after he tried to hide from officers in a home near the spot where he crashed, Foster said.The man was treated for a bite wound before being booked into jail.Detectives were continuing to search for the remaining suspects. 1049

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