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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 County health officials reported 1,378 new COVID-19 infections and 22 deaths today as hospitalizations continue to surge with nearly triple the number of people hospitalized compared to a month ago.Tuesday's data brings the cumulative number of cases to 83,421 while the death toll crossed another milestone as it reached 1,019.The San Diego County Health and Human Services Agency reported 723 coronavirus patients hospitalized as of Tuesday, with 197 of them in intensive care units. That compares to 692 reported Monday, with 180 in the ICU. That number was 671 on Sunday, 636 on Saturday, and 580 last Wednesday and Thursday.The number of people with COVID-19 in area hospitals has nearly tripled from one month ago -- 262 were hospitalized on Oct. 31. Of the 83,421 cases logged in the county since the start of the pandemic, 4,685 -- or 5.6% -- have required hospitalization and 1,030 patients -- 1.2% -- had to be admitted to an ICU.The total number of people hospitalized for any reason in the county is 4,307 -- which has been fairly consistent over the past several months -- but the percentage of COVID-19 patients in the region's hospitals rose from 6% a month ago to 16.8% on Tuesday.Tuesday also marked the 21st consecutive day more than 600 new cases have been reported and the ninth day of the last 12 more than 1,000 new cases were reported -- including two days over the Thanksgiving weekend with more than 1,800 new infections.San Diego County is on a trajectory to double its number of cases in 45 days.A total of 15,377 tests were reported Tuesday, with 9% returning positive, raising the 14-day average to 6.3%.A total of 17 community outbreaks were confirmed Tuesday. Over the previous seven days, 81 community outbreaks were confirmed. A community outbreak is defined as three or more COVID-19 cases in a setting and in people of different households over the past 14 days.San Diego County fell deeper into the most restrictive purple tier of the state's four-tiered reopening plan on Tuesday, with an unadjusted 30.5 newCOVID-19 cases per 100,000 people. Even with an adjusted rate of 15.3 per 100,000 due to significant testing increases by local health authorities, that number far exceeds the strictest tier's baseline of seven daily cases per 100,000.The testing positivity percentage is 2.3%, keeping it in the orange tier for that metric.Dr. Wilma Wooten, the county's public health officer, advised people who traveled or hosted family and friends over the Thanksgiving weekend to get tested.``By getting tested, people will know whether they have contracted COVID-19 and prevent spreading the virus to others,'' she said. ``People should also wear a face covering, maintain social distance, avoid crowds and monitor for symptoms.'' 2800

SAN DIEGO (CNS) - Poll watchers will be permitted to observe election activities at polling stations countywide on Nov. 3, though COVID-19 related restrictions will limit the number of people allowed inside polling places.Social distancing requirements mean only about one to two observers might be rotated in and out of the polling places at any given time this year, Assistant Registrar of Voters Cynthia Paes said Thursday.The number of polling places in San Diego County has been reduced from 1,548 in March to 235 larger polling places that will be open for four days and are each expected to be staffed by about 15 county employees, Paes said.The role of poll watchers has garnered increased attention as part of the national discussion on voter fraud and voter intimidation sparked most recently by President Donald Trump's call at Tuesday's presidential debate for his supporters to monitor polling places on Election Day.Trump, who has frequently raised the specter of voter fraud and publicly expressed doubts over the security of mail-in voting, urged supporters Tuesday to "go into the polls and watch very carefully because that's what has to happen."Tony Krvaric, chair of the San Diego County Republican Party, said recruiting poll watchers is a typical practice, intended to ensure votes are cast and note any irregularities in the voting process."We always recruit for poll watchers and have done so for as long as I can remember," Krvaric told City News Service."Poll watchers help make sure Republicans who haven't voted are contacted and reminded to do so and keep an eye out for any irregularities. This is nothing new. Democrats presumably do the same."Krvaric said any such instances of irregularities are reported to local officials or the Registrar of Voters."Any voter irregularities could dilute legitimate votes cast," he said.Will Rodriguez-Kennedy, chair of the San Diego County Democratic Party, said he was confident in the San Diego County Registrar of Voters' ability to ensure a fair election process, saying there are "a number of processes (conducted) to verify a vote."Regarding Trump's allegations of voter fraud related to mail-in voting, Rodriguez-Kennedy called Trump's assertions "a falsehood," based largely in myth.Rodriguez-Kennedy told City News Service "mail ballot voting is safe and secure" and said its presence this election will increase overall voter turnout, something he said represented "a problem for this president."Of Trump's statements at the debate, he said his "intent is to sow discontent because he fears he is losing." 2592
SAN DIEGO (CNS) - San Diego's Bumble Bee Foods filed for Chapter 11 bankruptcy protection Thursday, facing criminal fines and civil litigation after the company pleaded guilty to a price-fixing scheme with rival seafood companies Starkist Co. and Chicken of the Sea Inc.Bumble Bee filed for bankruptcy protection in Wilmington, Delaware, listing up to billion in both assets and liabilities, according to a Los Angeles Times report. FCF Fishery Co. is expected to acquire the company's assets for more than 0 million through a competitive bidding process. Bumble Bee is currently owned by Lion Capital, an English private equity firm.The company pleaded guilty to the price-fixing scheme in 2017, admitting that the three companies conspired to raise the price of canned and packaged tuna in the U.S. from 2011 to 2013. The U.S. Department of Justice levied an .5-million fine against Bumble Bee and later slashed it to million due to Bumble Bee's outstanding debts.RELATED: StarKist admits fixing tuna prices, faces 0-million fine"The division, along with our law enforcement colleagues, will continue to hold these companies and their executives accountable for conduct that targeted a staple in American households," Andrew Finch, then the Justice Department Antitrust Division's acting assistant attorney general, said when Bumble Bee pleaded guilty in May 2017.At that time, Bumble Bee argued the original fine could drive it to bankruptcy. The company's court documents show that it still owes some million of the fine and faces multiple class-action lawsuits and litigation from companies that distribute and sell its products.Bumble Bee was founded in 1899 by the Columbia River Packers Association, which officially introduced the Bumble Bee brand of canned seafood in 1910. The company expanded to San Diego in 1977 when it purchased the Harbor Industry cannery.After 12 years in Kearny Mesa, the company moved its headquarters back to downtown San Diego in 2014, where it currently resides adjacent to Petco Park. 2052
SAN DIEGO (CNS) - Regal Cinemas might be closing all 543 of its theaters in the United States as early as this week due to continued revenue losses from the coronavirus pandemic.``We can confirm we are considering the temporary closure of our U.K. and US cinemas, but a final decision has not yet been reached. Once a decision has been made we will update all staff and customers as soon as we can,'' the theater chain's parent company Cineworld tweeted on Sunday.A report in Variety the previous day, which cited an unidentified source, said the company would be closing its theatres in the United States and the United Kingdom as early as this week.Regal is the second-largest theater chain in the United States after AMC.The chain has eight locations in San Diego County. Indoor movie theaters are currently permitted at reduced capacity in the county, and with other protocols in place to prevent the spread of COVID-19.Variety's report came one day after it was announced that the release of the latest James Bond film, ``No Time to Die,'' would be postponed until April 2021. Large chains such as Regal count on blockbusters like the Bond films to sustain operations. 1181
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