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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) - Father Joe's Villages announced Wednesday it is hiring more than 100 "compassionate, mission-driven individuals to join its team and help end homelessness in San Diego one life at a time," as need for the nonprofit's services swells during the pandemic.The homeless services provider offers housing for more than 2,100 people in San Diego every day, and those services have expanded further to meet an increased need during the COVID-19 pandemic.Open positions include residential, security and health care, among others."During a time where so many are left jobless, these positions at Father Joe's Villages are not only exciting career opportunities, they contribute to our organization's mission to prevent and end homelessness," said Deacon Jim Vargas, president and CEO at Father Joe's Villages. "A career at Father Joe's Villages makes a monumental impact on the lives of neighbors experiencing homelessness, and this will become increasingly true as we navigate the long-term effects of this pandemic."The nonprofit has increased the number of shelter beds, and expanded health and food services. Due to the economic effects of the pandemic, Father Joe's leaders anticipate a surge in homelessness into early 2021.Father Joe's Villages is the largest homeless services provider in San Diego. It provides housing, along with health care, substance use disorder treatment, job training and therapeutic childcare.For a list of open positions and to apply, click here. 1497

SAN DIEGO (CNS) - A parolee who allegedly stabbed a pair of transients -- one fatally -- in two separate Midway District attacks on Thanksgiving Day was charged Friday with murder, attempted murder and assault with a deadly weapon. Forrest Robert Brantley, 38, of Ventura County, is accused of fatally stabbing 55-year-old Robert Erbe in the neck at about 8 a.m. Nov. 28 outside a business in the 3100 block of Sports Arena Boulevard, according to San Diego police.Brantley is also accused of stabbing another man three times in the back and arm on Sports Arena Boulevard about six hours prior to Erbe's slaying, according to Deputy District Attorney Will Hopkins.The prosecutor said that after stabbing the first victim around 2 a.m., Brantley returned to the area and approached Erbe and an unidentified second transient outside a 7-Eleven store.RELATED: Police identify man in deadly Thanksgiving Day Midway District stabbingHopkins said he offered Erbe drugs in a bag and then stabbed the victim while Erbe was looking through the bag.According to the prosecutor, Erbe asked Brantley why he stabbed him and Brantley responded, ``This is war,'' then stood over the victim and watched him bleed out.In the days following the stabbings, San Diego police circulated photographs of the defendant, which included images captured from surveillance footage on the San Diego trolley.Brantley was arrested in Ventura on Dec. 4 while walking near the intersection of the 101 Freeway and state Route 33, where officers recognized him from fugitive-suspect alerts, according to police in the coastal city north of Los Angeles.According to the prosecutor, Brantley posted on social media days prior to the stabbings that he was going to ``help the homeless,'' though his true intention was to target homeless victims.RELATED: Midway District murder suspect arrested in VenturaWhile the prosecution asked for no bail, San Diego County Superior Court Judge Jay Bloom set bail at million due to the ``totally senseless'' nature of the attacks on ``vulnerable victims,'' as well as the flight risk he believed Brantley represented. Brantley pleaded not guilty to the charges and is due back in court Dec. 24 for a readiness conference.The defendant has had a long history of run-ins with the law, including 34 arrests since 2000, according to Ventura police Cmdr. David Dickey said. ``The charges included burglary, robbery, elder abuse, drug-related offenses and property crimes. At the time of his (latest) arrest ... he was on active parole for attempted robbery, burglary, elder abuse and assault with a deadly weapon,'' Dickey said.His most public arrest, prior to the San Diego case, was a September 2016 incident, in which Brantley was arrested after allegedly breaking into a gift shop at a historic Spanish mission in downtown Ventura, stealing two crucifixes and using them to bludgeon five people, including a 75-year-old man, on nearby roadsides, according to Hopkins. 2977

SAN DIEGO (CNS) - Flagship Cruises and Events has announced its San Diego Bay cruises will resume Saturday, with new measures in place to help protect patrons and staff from the coronavirus.The daily harbor tour and Patriot Jet Boat cruises will open with limited capacity to allow for social distancing, and masks will be required for passengers and employees.Dinner cruises will resume May 29. The company is accepting reservations for all tours."We know it's been a difficult spring for everyone. We're excited to offer you a safe and easy escape. Come reconnect with our beautiful city and enjoy a much-deserved breath of fresh air," a company release reads.Flagship Cruises is celebrating its 105th anniversary in business this month. 747

SAN DIEGO (CNS) - An ex-con who opened fire in the Gaslamp District two years ago, wounding an off-duty sheriff's deputy and a bystander, was sentenced Wednesday to 71 years to life in state prison.Ray Pitoau, 39, was convicted last month of two counts of assault with a firearm for the Aug. 7, 2017, shooting that injured Deputy Jason Philpot, who was walking through downtown with his two brothers following a Metallica concert at Petco Park. Also injured was bystander Vladimir Shvets, a passerby in San Diego for a convention.Pitoau was also convicted of a lesser charge of assault on the deputy's younger sibling, Joshua.Prosecutors said Philpot and his group walked past Pitoau, who got into an argument with the deputy's sibling on Island Avenue near Sixth Avenue just after 1 a.m.RELATED: Man convicted of assault with gun in Gaslamp shooting that wounded deputyPitoau testified that he pulled out a gun in self-defense because a group of men, including Jason Philpot, were advancing on him. He testified that he and the deputy both grabbed onto the gun, leading it to fire as they grappled over the weapon.Jason Philpot testified that he tried to wrap his arms around Pitoau and get the gun away, but the defendant was able to pull the trigger, wounding the deputy in the chest and right arm. One of the rounds ricocheted off the sidewalk and struck Shvets.Pitoau was arrested about a month later in Mexico.RELATED: Man convicted in Gaslamp shooting involving off-duty deputy sentencedSan Diego County Superior Court Judge Melinda J. Lasater declined to dismiss a number of allegations that added years to Pitoau's sentence due to his numerous prior convictions for crimes dating back to 1991, including burglary, assault, and being a felon in possession of ammunition.Deputy District Attorney Michael Reilly said Pitoau had demonstrated a history of re-offending each time he was released from prison and that "he knew better" than to bring a gun to the Gaslamp Quarter that day.Defense attorney Jessica Marshall said evidence at trial showed the Philpots and other members of their group had been drinking and were being aggressive, with the attorney arguing Pitoau "is not the only reason this happened."RELATED: Gaslamp deputy shooting suspect escapes Spring Valley SWAT standoffJurors deadlocked on the assault counts in Pitoau's two previous trials, though one of those juries convicted Pitoau on three felony firearm possession counts. 2459

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