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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's 73rd City Council was sworn in Thursday morning alongside new Mayor Todd Gloria, bringing a Democratic supermajority to the council chambers.Departing councilmembers Georgette Gomez, Barbara Bry, Chris Ward, Mark Kersey and Scott Sherman offered thanks to the citizens of San Diego and words of advice to incoming councilmembers Joe LaCava, Stephen Whitburn, Marni von Wilpert, Raul Campillo and Sean Elo-Rivera as the city faces one of the most tumultuous periods in its history.The 73rd City Council must contend with the ongoing COVID-19 pandemic and all the physical, economic and budgetary issues it presents the city. Other major items before the council, which now sits at an 8-1 Democrat advantage, include the city's Climate Action Plan and battling climate change, homelessness and rising housing prices, the cleanup of the Tijuana River Basin, social and racial justice and large-scale projects such as Pure Water.A visibly emotional Gomez thanked her family, wife and supporters for a brief but significant four-year term representing the city's District 9. Her tenure, including the last two years as Council President, saw a citywide focus on climate change, racial justice and infrastructure projects.Her replacement, Elo-Rivera, said he would continue radical reform to better the city. He drew issue with the description of the many problems caused by COVID-19 as "unprecedented.""For too many San Diegan families, the challenges presented by COVID- 19 are not unprecedented but all too typical," he said. "We must not go back to normal. Normal is not good enough."Bry, a candidate for mayor against Gloria, said she was proud of her four years representing District 1 and that she would continue to "demand accountability," from city government. She pointed to the 101 Ash Street real estate deal and the failed Soccer City proposal as examples where she blew the whistle about backroom deals.Her replacement, LaCava, said his engineering background would continue Bry's policy of no-nonsense straight talk. He hoped to work with all city departments to survive the pandemic."Successful navigation of these uncertain pandemic waters will take all of us working together," he said.District 3's Whitburn thanked his predecessor, now-Assemblyman Chris Ward, for continuing to "break the rainbow ceiling." He was sworn in by former Councilwoman Christine Kehoe -- the first openly LGBT person elected to office in San Diego County in 1993 -- and all LGBT former District 3 councilmembers were in attendance. This included Kehoe, Senate President Pro Tempore Toni Atkins, Gloria, Ward and now Whitburn himself.He said he wanted to move forward with the city into a new era."We need to advance past the us versus them mentality," that he said plagued politics around the country but especially in San Diego.Von Wilpert took over from Mark Kersey in District 5 and said she was dedicated to empowering justice throughout the city. She said action must be swift and decisive on how to tackle COVID-19."With a vaccine on the verge, hope is on the horizon," she said, adding the importance of bipartisanship. "We must reject anger and division."In District 7, former Councilman Scott Sherman said he stuck to his guns and didn't sell out to special interests.He reminded his former colleagues and the new elected officials of their responsibility."It's not your money," Sherman said. "We are stewards of the taxpayers' money."His replacement, Campillo, said although he comes from a different political party than Sherman, all the members of the council serve their constituents."We must not let the past impede us," he said. "San Diego has more young people, more diversity, but more to fix than ever."Later in the afternoon, the council selected Jennifer Campbell, who represents District 2, as its president. The council voted 5-4 in favor of Campbell over District 4 Councilwoman Monica Montgomery Steppe. 3955

SAN DIEGO (CNS) - San Diego County health officials reported another huge jump in COVID-19 cases -- 833 -- but no additional deaths today, bringing the county's total to 65,501 cases, with the death toll remaining at 926.Monday was the sixth consecutive day that more than 600 new coronavirus cases were reported by the county. The 833 cases reported Monday are the second most the county has announced in a single day during the pandemic, following a record high of 1,087 reported Sunday and a then-record 736 Saturday.On Wednesday, a then-record 661 cases were reported in the county -- surpassing the 652 cases reported Aug. 7. Another 620 cases were reported Thursday.The San Diego County Sheriff's Department announced Monday that 55 of 70 inmates in the 1C module of the George Bailey Detention Facility had tested positive for COVID-19.``Fifteen tested negative, but are nevertheless being isolated and monitored due to their exposure,'' said sheriff's Lt. Ricardo Lopez. ``At this time the outbreak is limited to one module, but is the most significant COVID-related event to date in our jail system.''``Our population has been stable near 4,000, however, consideration will be given to conducting additional releases if necessary as we continue to monitor our population and the COVID-19 pandemic,'' he said.County Supervisor Nathan Fletcher said the increasing case numbers are coinciding with surges in hospitalizations and positivity rates.``This is a stark reminder that COVID is real, is spreading and must be taken seriously,'' 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, the record case jump is a warning sign that 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.In response to rising cases statewide, Gov. Gavin Newsom imposed more restrictive guidelines on Monday that pushed the vast majority of California counties into the restrictive purple tier.Of the total number of cases in the county, 4,212 -- or 6.4% -- have required hospitalization and 960 patients -- or 1.5% of all cases -- had to be admitted to an intensive care unit. 3856

SAN DIEGO (CNS) - Police arrested two people and seized various merchandise from an illegal marijuana dispensary, an officer said today.Narcotics investigators served a search warrant at the dispensary, called Miramar Private Club, around 10 a.m. Thursday, San Diego Police Lt. Matt Novak said in a statement. The dispensary was operating in a building near the intersection of Spectrum Lane and Camino Santa Fe.Police arrested and issued citations to two employees for possession of marijuana for sale and operating a business without a permit.Officers seized six pounds of "high-grade" marijuana, more than 800 pounds of marijuana concentrates and edibles and ,300 in cash, Novak said.They also found information that led to the search of an apartment in Mission Valley, off Reflection Drive north of Friars Road, believed to be associated with the dispensary.There, officers seized an additional three pounds of marijuana, more concentrates and edibles and ,500 in cash.Narcotics detectives will continue to investigate illegally operating dispensaries in San Diego, Novak said."All owners and employees found operating these illegal businesses will be arrested and prosecuted," Novak said in the statement. 1222

SAN DIEGO (CNS) - Police Sunday identified a 24-year-old man who was fatally wounded in a shooting in Emerald Hills on Wednesday.The victim was identified as Gai Wal, who died of his wounds in the early morning on Friday, according to Lt. Matt Dobbs of the San Diego Police Department.At 5:51 p.m. Wednesday, police received a ShotSpotter activation in the area of 6100 Imperial Ave. It was soon followed by a second ShotSpotter activation near 6300 Imperial Ave. The SpotShotter is a device used by police to locate and alert whenever it detects the sound of gunshots.When patrol officers arrived on the scene, they found a man down in the parking lot of a business with an apparent gunshot wound to his upper body, Dobbs said.The officers rendered aid to the man, who was transported to a local hospital in critical condition, the lieutenant said. He was pronounced dead on Friday.Homicide investigators were called to the scene and searched for evidence and witnesses to the assault.At of Sunday, there was very little known about the circumstances surrounding the shooting.Anyone with information regarding the shooting was asked to call the homicide unit at 619-531-2293 or Crime Stoppers at 888-580-8477. 1218