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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 San Diego molecular diagnostic company announced Thursday it has been awarded a contract from the U.S. Department of Health and Human Services to fund development of its coronavirus diagnostic test, which the company says would provide results in about 30 minutes.Mesa Biotech Inc. will receive both 1,330 in funding and "technical expertise" from the HHS's Biomedical Advanced Research and Development Authority -- or BARDA -- to complete developmental work needed to obtain Emergency Use Authorization from the U.S. Food and Drug Administration.The FDA's emergency authorizations fast-track unapproved medical products for use during a public health emergency.Mesa says its Accula SARS-CoV-2 test utilizes throat swabs to detect SARS-CoV-2, the virus that causes COVID-19."As the coronavirus situation escalates and the demand for testing far exceeds capacity, we are encouraged by the support of HHS in the development of our Accula SARS-CoV-2 Test," said Hong Cai, Mesa Biotech's co- founder and CEO."Our test, which was developed to enable rapid responses to global pandemics, will significantly compress the sample-to-result timeframe with a laboratory-quality test at the point-of-care," Cai said. "This accelerated response will enable health care providers to rapidly screen, isolate, treat or dismiss potential carriers of the virus."In the past week, three companies with local laboratories received emergency approval from the FDA to supply COVID-19 detection tests, including Hologic Inc. and Quidel Corp. in San Diego, and Thermo Fisher Scientific Inc. in Carlsbad.Mesa Biotech's diagnostic test is one of four to receive funding from BARDA, according to the agency."Diagnostics are a critical need in the overall strategy to fight this newest global public health threat," BARDA Director Rick A. Bright said. "We need increased testing capacity in the U.S. to rapidly identify, isolate and treat those infected with COVID-19 in order to limit transmission of the virus, and we need those tests as close to the patients as possible."Currently, no FDA-approved diagnostics, vaccines or treatments for COVID-19 are available. 2168

SAN DIEGO (CNS) - A study released Monday by the San Diego County Childhood Obesity Initiative found that more than one-third of fifth-, seventh- and ninth-graders in public schools around the county are obese or overweight. The study found that 34% of students in the examined grades were overweight or obese during the 2017-2018 school year, using data from the California Department of Education. The county had a lower obesity rate than California's 39% and the Centers for Disease Control & Prevention's 2015-2016 national estimate of 40.7% for youth aged 2-19. The study found disparities in obesity among ethnic and economic groups, with 24% of white students classified as obese, compared to 49% for native Hawaiian or Pacific Islander youths and 43% of Hispanic or Latino children. In addition, 42% of students facing disadvantages like homelessness, being in the foster care system, meal scarcity and having parents without a high school diploma were found to be obese or overweight. Only 24% of students who were not deemed socioeconomically disadvantaged were found to be overweight or obese. ``Childhood obesity remains a pervasive challenge, and sadly current rates have not changed much from the previous report released for the 2014-2015 school year,'' said Dr. Wilma Wooten, the county's public health officer. ``This indicates a need for new and continued investment in our communities to address the root causes and environments that hinder children's health.'' According to the Childhood Obesity Initiative, students who face challenges like food scarcity are often more likely to face issues with obesity because they don't have easy access to healthier and more affordable food options. Within the county, higher levels of obesity in children roughly correlated with census tracts in which higher levels of the population had an income of 200% of the federal poverty level or less. In addition, school districts with a higher rate of students in the Federal Reduced Price Meals Program tended to have higher rates of overweight or obese students. ``As a nation, we struggle with the idea that a child can be both overweight and not have enough to eat,'' said San Diego Hunger Coalition Executive Director Anahid Brakke. ``But these are two sides of the same coin. Families struggling to make ends meet must often sacrifice buying healthy food for cheaper, nutrient-poor options that are filling but high in calories, fat and sugar.'' The Childhood Obesity Initiative and the YMCA of San Diego County plan to tackle the problem of childhood obesity by promoting the ``5-2-1-0 Every Day!'' campaign, which encourages children to eat five or more servings of fruits and vegetables, spend fewer than two hours on recreational screen time, be physically active for an hour or more and avoid sugary beverages like soda. All YMCA branches in the county will have free Sept. 14 open houses offering information to families on the campaign and how to combat childhood obesity. Attendees will also have access to information on receiving financial help with a YMCA membership. 3100

SAN DIEGO (CNS) - A registered sex offender who broke into his next-door neighbor's home, where he raped and sodomized a 3-year-old girl, pleaded guilty today to four felony charges and is facing an 85-year prison term.Francisco Diaz, 47, entered his plea to four counts of forcible lewd acts on a child, and admitted serious prior felony convictions, according to Deputy District Attorney Claudia Grasso.Sentencing is scheduled for June 17.Last summer's attack occurred the morning of Aug. 11 in the 5200 block of Maple Street in Oak Park.RELATED: Man arrested after three-year-old says she was kidnapped and touchedDiaz broke a screen and curtain rod and climbed through a window of the sleeping child's bedroom. When the toddler woke up and cried while being sexually assaulted, Diaz carried her out through the window and was walking her toward his home when the defendant's mother saw them and wrapped the child -- who was naked from the waist down -- in a blanket.Police were called around 9:45 a.m. and Diaz was arrested.``It's a parent's worst nightmare,'' Grasso said following Diaz's arraignment last year. ``The violation, the betrayal, (it's just) horrific. I think that not only does it impact the victim but it impacts the entire family, who now have to look over their shoulder, who now cannot feel safe in their own home. It causes you as a parent to be more cautious, more protective.''According to the Megan's Law website, which tracks the state's sex offenders, Diaz has a 2007 conviction for annoying or molesting a child. 1550

SAN DIEGO (CNS) - California Highway Patrol officers arrested fewer people than last year for suspected drunk driving in San Diego County so far during the Christmas holiday enforcement period, the agency said today.CHP officers arrested 33 people in the county between 6 p.m. Friday and 6 a.m. Sunday, an officer said. That's down from 40 arrests in the area at the same time last year.Statewide, the CHP arrested 639 people for suspected DUI violations Friday night and early Sunday, up from 604 in 2017.There were 20 traffic fatalities reported by law enforcement agencies across the state during the period -- including one in San Diego County. There were four fatalities reported statewide at this point in the Christmas holiday last year. 752