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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) - The entire passenger and freight rail line between Oceanside and San Diego will be closed at midnight and remain shut down all weekend for improvements, according to the San Diego Association of Governments.Crews will shut down the lines just after midnight Saturday through 5 a.m. Monday, according to SANDAG, which will make several improvements, including work on the Mid-Coast Trolley project, extending the UC San Diego blue line trolley from the Santa Fe Depot in Downtown San Diego north toward UC San Diego.Four rail services use the San Diego segment of the Los Angeles-San Diego-San Luis Obispo coastal rail corridor: North County Transit District, Metrolink, Amtrak and the BNSF freight line.Passengers using the Coaster train line are advised to use the BREEZE Route 101 or local buses. Amtrak will offer bus connections from Oceanside to San Diego for passengers with reservations.Crews working on the Mid-Coast Trolley project will remove temporary support structures, build retaining walls, protect slopes and install fencing and cable railing, as well as sewer, water, and drainage pipes.The entire project is expected to be completed late next year.Near the San Diego River Bridge, crews will add nearly a mile of double track across the river to create a continuous 7-mile stretch of double track in the southernmost portion of the coastal rail corridor.During construction, nearby residents and businesses can expect intermittent noise and lights.Passenger rail service is scheduled to resume for the Monday morning commute. 1569

SAN DIEGO (CNS) - The Mexican government issued a statement Sunday expressing regret over Friday's shooting death of one of its citizens by a U.S. Border Patrol agent near the U.S. port of entry in San Ysidro.The office of the Consulate General of Mexico in San Diego said it issued the statement on behalf of the Mexican government."The Mexican government regrets the use of lethal force against a Mexican national and will follow up on his death at the hands of federal immigration authorities," the statement said.San Diego homicide detectives are investigating the shooting, which occurred close to the international border near the Las Americas Premium Outlets mall on Camino De La Plaza at 5:45 p.m. Friday, according to Aaron Heitke, chief patrol agent of the Border Patrol's San Diego Sector.Paramedics pronounced the suspect dead at 6:25 p.m., Heitke said.RELATED:Man shot, killed by Border Patrol agent near Las Americas Premium OutletsBorder Patrol says Mexican national shot to death was trying to enter U.S. illegallyThe man was involved in an altercation with the agent on federal property, but it was unclear what prompted it, Lt. Andra Brown of the San Diego Police Department told reporters at the scene."During the arrest, an altercation ensued and the agent discharged his firearm, wounding the man, who was later identified as an adult Mexican national," Heitke said."Nearby agents and law enforcement personnel responded immediately and initiated lifesaving efforts until emergency medical services arrived," Heitke said.The statement from the Consulate General of Mexico in San Diego said it "has taken action to guarantee due process in this case, in light of the fact that the family members of the victim have not been located as of today."The consulate said the San Diego Police Department will be in charge of the investigation, "even though the agents responsible for this incident are Border Patrol officers.""In an unfortunate coincidence, this incident follows another one reported on October 19, in which Mexican national Jose Alfredo Castro Gutierrez lost his life in an altercation with San Diego police officers," the consulate said. "The Mexican government, through the Consulate General of Mexico in San Diego, is following both cases closely and has requested local authorities to conduct (expeditious,) impartial and transparent investigations to establish the facts and determine where responsibilities lie.""Based on this information, the Mexican Ministry of Foreign Affairs will determine the diplomatic and legal measures to be undertaken in defense of our Mexican nationals," the statement said. "The Ministry of Foreign Affairs deeply regrets the death of the Mexican national and reiterates its absolute commitment to the defense and protection of Mexican nationals abroad."Brown, of the SDPD, said Saturday, "As with any officer or agent- involved shooting that occurs in the city of San Diego, the San Diego Police Homicide Unit was called to the scene to conduct the investigation. It is still early in the investigation, but preliminary information is that the male, a Mexican national, attempted to enter the United States illegally and was confronted by a Border Patrol agent."Brown said the man fought with the agent, who received minor injuries during the incident."The agent fired his duty weapon, striking the male once in the torso," Brown said.The man has been identified, but his name was not immediately released. Neither was the Border Patrol agent's name immediately released."The investigation and review process for an agent-involved shooting are extremely thorough," Brown said. "The U.S. Border Patrol is cooperating with the investigation."When the homicide unit completes their independent investigation, it will be reviewed by the U.S. Attorney's office, Brown said."Customs and Border Protection will continue to fully cooperate with this ongoing investigation," Heitke said. "The specifics of this incident have been shared with the Federal Bureau of Investigation and the Department of Homeland Security, office of the inspector general, along with the Office of Professional Responsibility." 4172

SAN DIEGO (CNS) - The Board of Supervisors today extended a state of emergency over a hepatitis A outbreak in San Diego County that has killed 20 people, amid a declining number of new cases.Health officials told the supervisors at a special meeting that the drop in case numbers is a sign that efforts to fight the outbreak are working.RELATED: Governor Jerry Brown declares state of emergency over Hepatitis A outbreakThey stressed the need for the county to continue vaccination, prevention and educational efforts that have been put in place since the emergency was declared in September. There were 31 confirmed cases of hepatitis A last month, compared to a peak of 94 cases in August.There have been 544 cases as of Monday in the nearly year-old outbreak, an increase of 28 cases since data was last released on Oct. 24, according to Dr. Wilma Wooten, the county's public health officer.She said some of those 28 cases include ones from as long ago as April that were newly confirmed by the U.S. Centers for Disease Control and Prevention. Due to the disease's long incubation period, there could potentially be more confirmed cases from October. Wooten said the initial decline is a good sign, but not a reason to declare victory."We could potentially have a second peak," she said. "That's why it's very important for us to continue our vaccination efforts."In San Diego, nearly two-thirds of the victims have been either homeless, users of illicit drugs or both. Much of the county's efforts have focused on those populations, but Wooten said an outbreak in Michigan that has affected men who have sex with men underscores the importance of targeting that community here.Local efforts include holding vaccination events at LGBT centers and distributing educational information to clinics that serve that community, she said. Around .5 million has been spent by the county to fight the spread of the disease, including administering over 90,000 vaccinations and spreading awareness among the public, according to county documents.Hepatitis A is usually transmitted by touching objects or eating food that someone with the virus has handled or by having sex with an infected person.The disease doesn't always cause symptoms, but for those who do, they could experience fever, fatigue, nausea, loss of appetite, yellowing of the eyes, stomach pain, vomiting, dark urine, pale stools and diarrhea, according to the HHSA.The county and city of San Diego have taken several steps to address the outbreak, including the spraying of a sanitizing formula on streets and sidewalks, the placement of portable hand-washing stations and restrooms in areas where the homeless congregate, and the stepped-up immunization campaign. 2740

SAN DIEGO (CNS) - Target Corp. has agreed to pay .4 million to resolve allegations that it violated terms of a 2011 judgment regarding the company's handling and disposal of retail hazardous waste, San Diego County District Attorney Summer Stephan announced Wednesday.``This settlement holds Target accountable for this second violation of environmental laws that involve the improper disposal of a long list of hazardous materials,'' Stephan said. ``This case serves as a reminder to corporations of the importance of environmental protection laws that safeguard the public's health and that violators will be held accountable.''The current settlement -- announced by Stephan, 21 other California district attorneys, the California Attorney General's Office and the city attorneys of San Diego and Los Angeles -- comes as a result of investigations that concluded the company committed violations by improperly disposing hazardous waste into landfills across California between 2012 and 2016. The waste included such items as electronics, batteries, aerosol cans, compact fluorescent light bulbs and medical waste, including syringes, over-the-counter and prescribed pharmaceuticals, as well as confidential medical information from its customers.``We are confident that with these strong injunctive terms and penalties, Target will implement meaningful changes to prevent this from ever happening again,'' said California Attorney General Xavier Becerra. ``However, the wise move for all companies is to abide by the law and employ proactive training and processes to help ensure that hazardous waste violations are avoided in the first place.''It's the second settlement resolving allegations of hazardous waste compliance violations by Target. In March 2009, the California Department of Justice and several local prosecutors filed a complaint against Target, alleging that it violated state statutes and regulations governing the handling and disposal of hazardous waste.As part of the final settlement in 2011, Target agreed to pay .5 million to cover penalties, attorney's fees and funding for supplemental environmental projects. 2150