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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 local meal delivery nonprofit began sales Monday for its 15th annual Mama's Pies Thanksgiving Bake Sale, which raises funds to combat hunger among residents with illnesses like cancer and HIV. During the sale, which runs through Nov. 24, residents can order pumpkin, apple, pecan and Dutch apple pies to be delivered Nov. 27, the day before Thanksgiving. Nearly 20 local bakeries and caterers are expected to bake pies for the annual fundraiser and more pie bakers are needed, according to the organization. ``Our annual bake sale is a time-honored tradition that gives community members from around the region an opportunity to give back to our neighbors in need,'' said Mama's Kitchen Executive Director Alberto Cortes. ``Whether you're purchasing a pie, making a donation or volunteering for pie delivery, every hand up counts.'' Mama's Kitchen met its goal of 0,000 raised during last year's bake sale and aims to raise at least 0,000 during this year's six-week sale, which the organization says will fund the delivery of some 51,000 meals for residents with critical illnesses. All proceeds from the sale will directly benefit the organization's services that combat hunger. Volunteers with the AIDS Assistance Fund founded the organization in 1990 to support HIV and AIDS patients. Since then, Mama's Kitchen has expanded its services to more than 1,600 residents countywide who have cancer, congestive heart failure and Type II diabetes and deal with hunger. Residents can order pies for each and volunteer to deliver pies at mamaspies.org. Prospective pie bakers are advised to contact Mama's Kitchen marketing and events coordinator Silvia Dominguez at 619-233-6262, ext. 114 or silvia@mamaskitchen.org. 1751

SAN DIEGO (CNS) - Authorities Wednesday publicly identified a 27-year-old man who was fatally shot last weekend in an apparently unprovoked attack near the handball courts at the Linda Vista Recreation Center.Officers responding to reports of shots fire around 11 a.m. Sunday at the recreation center, 7064 Levant St., found San Diego-resident Israel Castro suffering from at least one gunshot to his upper body, San Diego police Lt. Andra Brown said.Paramedics took Castro to a hospital, where he was pronounced dead, Brown said.While officers were at the hospital, a 30-year-old man suffering from a gunshot wound was brought in by a private vehicle, the lieutenant said. The man told officers he was also at the Linda Vista Recreation Center when he was shot.Witnesses told police that a man wearing a mask and shorts was seen running from the scene and getting into a white four-door vehicle that sped off southbound on Linda Vista Road, Brown said. No detailed description of the suspect was released.Anyone with information on the shootings was asked to call the SDPD's homicide unit at 619-531-2293. Tipsters can also call Crime Stoppers at 888-580- 8477. 1170

SAN DIEGO (CNS) -- Hundreds of thousands of San Diegans are expected to cast their ballots in person today, Election Day, with over 1 million ballots already received.The San Diego County Registrar of Voters said more than 1.1 million ballots have been received and nearly 60,000 residents have voted early in-person as of Monday, well more than double when compared to this point in the 2016 presidential election.Of the 1.95 million registered voters in the county, 1,114,627 had already turned in their ballots as of election eve. Over the weekend, 44,370 residents cast early votes at the county's polling locations and another 10,391 have voted early at the registrar's office since Oct. 5.ELECTION 2020: Latest Results, Key Races & Ballot MeasuresMail-in ballots were sent to all registered voters in the county on Oct. 5, even those who had not requested one.Voters who prefer to cast their ballots at their assigned polling place on Election Day can do so between 7 a.m. and 8 p.m. Tuesday.An in-person voting location tool can be found on the county's voting website, SDvote.com.The day before the 2016 election, San Diego County had recorded 507,127 mail ballot returns. More than a million people voted that year for a voter turnout of 81%.Registrar Michael Vu anticipates turnout of anywhere between 80 and 85%, or 1,559,260 to 1,656,710 voters, in San Diego County this time around.That could mean anywhere from 389,870 to 487,320 residents could cast ballots in person Tuesday -- depending on how many cast ballots by the end of the day Monday -- at one of the county's 235 "Super Poll" locations.In the 2012 election, 77% of eligible voters cast a ballot. In the 2018 and 2014 Gubernatorial Elections, just 66% and 45% -- respectively -- of the electorate voted.During the March primary, about 1,600 polling locations were open to the public. The COVID-19 pandemic caused that number to shrink considerably. Even so, more than 4,000 poll workers will manage locations such as SDSU's Viejas Arena, the San Diego Convention Center, Rincon and Sycuan tribal halls and the Walnut Grove Park Red Barn in an Marcos. The 235 polling locations represent 572 polling precincts.Due to the COVID-19 pandemic, the registrar's office encourages older adults and people with underlying medical conditions to avoid long lines and crowded polling places by voting early.Vu said his office is working with county public health services to ensure the health and safety of election workers and voters. Personal protective equipment and sanitation supplies will be provided to staffers so they can conduct the election process safely.Voters casting ballots in person are instructed to bring a face mask and plan to maintain social distance.Locations of vote centers were chosen and configured to allow for queuing and voting while maintaining six feet of social distance. Masks will be required inside, but residents unable or unwilling to wear them will be allowed to vote curbside.Officials noted that the need to social distance may create longer lines than usual at in-person locations. 3093

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