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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) - San Diego-based medical technology company Phamatech and its CEO have agreed to pay more than million to resolve allegations that they submitted false claims to Medicare and received government reimbursements for unnecessary lab testing, the U.S. Attorney's Office said Friday.Prosecutors allege the company paid kickbacks to a medical clinic, which in return ordered Phamatech lab testing for its patients enrolled in Medicare.Over the course of about two years, Phamatech, which manufactures diagnostic devices and provides lab testing services such as drug and alcohol tests, paid a per-specimen fee to Imperial Valley Wellness in exchange for referrals of urine samples from Medicare beneficiaries, according to the U.S. Attorney's Office.Many of the samples referred to Phamatech were not necessary and thus ineligible for Medicare reimbursement, prosecutors said.The company, along with its CEO and founder Tuan Pham, agreed to pay ,043,484 to settle allegations that Phamatech violated the federal Anti- Kickback Statute and the False Claims Act.The U.S. Attorney's Office said the allegations were originally brought in a lawsuit filed by former Phamatech employee John Polanco, who will receive 7,392 from the settlement proceeds. 1273

SAN DIEGO (CNS) - San Diego County public health officials have reported 3,132 new COVID-19 infections -- the 27th consecutive day with more than 1,000 cases.On Sunday, there were no new virus-related deaths reported.Sunday was the 19th day with more than 2,000 new cases.Another 50 people also were hospitalized, according to Sunday's data, and another seven patients were sent to intensive care units.The county's cumulative cases increased to 145,779 and the death toll remained at 1,402.Ten new community outbreaks were confirmed on Saturday. There have been 60 confirmed outbreaks in the last seven days and 250 cases associated with those outbreaks.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.A complete list of county COVID-19 testing sites, how to make appointments and hours can be found at www.sandiegocounty.gov/content/sdc/hhsa/programs/phs/community_epidemiology/dc/ 2019-nCoV/testing/testing-schedule.html.Though county officials advised residents to avoid holiday gatherings, anyone who participated in a gathering was urged to get tested, as well as people who recently returned from travel, people with any symptoms and people at higher risk for COVID-19, whether or not they display symptoms.In advising against holiday gatherings, San Diego County Supervisors Nathan Fletcher and Greg Cox pointed to a massive uptick in cases after Thanksgiving -- including the region's highest daily total coming three weeks after the holiday with 3,611 cases reported last Friday."We cannot ignore the reality that we are in a bad place right now," Cox said. "We're making a special plea to avoid large gatherings with those outside your immediate family. This one time, this one year."If people have already traveled, they should be extra cautious about spreading the virus, Cox said.According to Dr. Wilma Wooten, the county's public health officer, 44.1% of the county's cumulative cases have been reported after Thanksgiving. San Diego County is on pace to report another 600 deaths due to the virus before the end of January, she said."We don't want to see what happened after Thanksgiving happen again," Wooten said. "We must continue to stay apart to get the spread of the virus under control. If we don't, cases, hospitalizations and deaths will continue to soar."The 11-county Southern California region is still reporting zero available ICU beds. Current stay-at-home orders took effect at 11:59 Dec. 6, and were originally set to end on Monday. 2569

SAN DIEGO (CNS) - The ride-hailing company Lyft announced an expansion Wednesday of its pilot program at Camp Pendleton that streamlines access to the U.S. Marine Corps base for military members, their families and civilians who work at the military installation.Lyft launched the pilot program in collaboration with Marine Corps Community Services last year to make it easier for people living on the base to book a ride with a company like Lyft or Uber, which previously required security clearance to enter the base. The ``Base Mode'' feature is now integrated into the app, automatically matching base residents with eligible drivers.In addition, a new state law allows active-duty military members and their families to drive for companies like Uber or Lyft in California with a valid driver's license from any U.S. state. According to the company, military veterans make up roughly 13% of Lyft drivers in San Diego County and more than 1,000 drivers throughout the county have access to the base.``It can be costly or prohibited for military personnel to bring cars from their home state, so they rely heavily on services like Lyft to get around,'' said Lyft driver Victor Gonzalez, a member of Lyft San Diego's Driver Advisory Council.As part of the expansion, the company said it will also share revenue generated by the pilot project with the MCCS, which will use the funds to support Marine Corps recreation programs.``Marine Corps Community Services and Lyft continue to facilitate efficient and economical transportation options for the residents of Marine Corps base Camp Pendleton with this pilot program,'' Camp Pendleton spokesman Capt. Luke Weaver said. ``The last six months have seen an increase in passenger usage as the program grows.''Roughly 70,000 people travel on, off and around the base each day, according to the Marine Corps. 1862

SAN DIEGO (CNS) - San Diego City Council members Monica Montgomery and Georgette Gomez called on state officials Monday to open an independent investigation into the in-custody death of 24-year-old Aleah Jenkins. Montgomery and Gomez requested the inquiry in a joint statement in response to a news conference last Friday from District Attorney Summer Stephan in which she released body-camera video of Jenkins' time in police custody and said that Jenkins' death was caused by a lack of judgment rather than criminal negligence. The two officials called on the state's Department of Justice and Attorney General Xavier Becerra to open an investigation into the circumstances of Jenkins' death. Montgomery and Gomez also urged the San Diego Police Department to reform its policies regarding the treatment of people in custody. RELATED: Video, detailed report released in woman's San Diego Police custody death``It was very heart-wrenching to hear Ms. Jenkins asking for help and water for over an hour after vomiting and no assistance was rendered,'' Montgomery said. ``The treatment displayed in the video further supports the need to reform our policing policies.'' Jenkins died Dec. 6 nine days after being arrested during a traffic stop on an outstanding warrant for methamphetamine possession. Jenkins passed out while waiting at the SDPD's downtown headquarters and paramedics subsequently rushed her to the hospital. Stephan announced Friday that medical examiners found upward of 17 times the lethal dose of methamphetamine in Jenkins' blood system. Her official cause of death, according to the District Attorney's Office, was hypoxic-ischemic encephalopathy, a lack of blood and oxygen flow to the brain. RELATED: Cause of death released for woman who passed out in San Diego Police custody``I am deeply troubled about the treatment of Ms. Jenkins while in custody,'' Gomez said. ``The video clearly indicates a decline in her wellbeing. We must all strive to do better to respect the basic human rights of everyone in custody.'' 2048