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SAN DIEGO (CNS) - Firefighters extinguished several rubbish fires today in alleys in the Logan Heights neighborhood, police said.The fires were discovered at 12:32 a.m. in the 1900 block of Kearney Avenue and in the 2000 block of Julian Avenue. They were put out by units from the San Diego Fire-Rescue Department, said Officer Tony Martinez of the San Diego Police Department.Earlier reports of a fire on the side of Calvary Baptist Church were incorrect, Martinez said.San Diego's Metro Arson Strike Team was dispatched to the fire scenes, according to Sgt. Clinton Leisz, a watch commander at SDPD headquarters. 622
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) - Among the thousands of UC San Diego students moving into campus housing for the fall quarter, 10 have tested positive for COVID-19 and been moved into temporary isolation lodging, campus officials reported Wednesday.In the same two-week round of coronavirus testing, more than 5,700 students came up negative, according to the La Jolla-area university.The resulting infection rate of 0.17%, was "less than anticipated" and below San Diego's overall rate, UCSD officials advised.During the process, UC San Diego's lab averaged 1,500 coronavirus tests daily for two weeks. Most test results were returned the next day, with an average turnaround of 15 hours, according to the university, which used a staggered move-in process to allow for physical distancing along with mandatory testing.San Diego State University has reported 1,081 COVID-19 cases since Aug. 24, the first day of instruction for its fall semester. The totals include 1,036 confirmed cases and 45 probable ones. None have been connected to instructional or research spaces, according to SDSU administrators. 1099
SAN DIEGO (CNS) - A San Diego County Superior Court judge ruled Friday that he is allowed under state law to reconsider his prior decision to place a sexually violent predator known as the ``Bolder-Than-Most'' rapist back into the community, where the felon would continue treatment under a conditional release program.Last October, San Diego Superior Court Judge David M. Gill ordered Alvin Ray Quarles, 56, released to a home in Jacumba Hot Springs. But an agreement to rent that residence fell through, leading Gill to order Liberty Healthcare Corp., which runs the conditional release program, to conduct a countywide search for a new place for Quarles to live.Prosecutors, along with county Supervisor Dianne Jacob, subsequently requested that Gill reconsider, though whether he was allowed to reverse the requested that Gill reconsider, though whether he was allowed to reverse the decision.During a court hearing this morning, Gill stated that it was "abundantly clear that the court has continuing jurisdiction to reconsider its``abundantly clear that the court has continuing jurisdiction to reconsider its earlier hearing,'' though much of Friday's session was conducted behind closed doors, and without elaboration on how Gill reached his latest ruling.A March 19 hearing was scheduled to hear motions for Quarles' eventual evidentiary hearing regarding a potential release. The evidentiary hearing is tentatively set for May 16.Witness testimony and a newly drafted psychiatric evaluation from Coalinga State Hospital are expected to factor into Gill's decision on either placing Quarles into the conditional release program, or ordering him returned to custody.Quarles was dubbed the ``Bolder-Than-Most'' rapist because of the way he attacked his victims, at knifepoint, sometimes forcing the women's husbands or boyfriends to watch.He pleaded guilty in 1989 to committing more than a dozen sexual assaults in the mid-to-late 1980s and was sentenced to 50 years in prison.Prior to Quarles' release from prison, the District Attorney's Office filed a petition to have him civilly committed as a sexually violent predator.In 2014, Quarles was committed to the Department of State Hospitals to undergo sex offender treatment. In September 2016, Quarles petitioned the court to be granted release through the Conditional Release Program for sex offenders. 2372
SAN DIEGO (CNS) - An El Cajon man was sentenced Friday to 14 years in prison for distributing fentanyl, some of which caused the fatal overdose of a former player for the San Diego Old Aztecs Rugby Football Club.Christopher Glenn Emison, 33, pleaded guilty earlier this year to a distribution of fentanyl count for selling more than 40 grams of the drug, some of which led to the death of 45-year-old Derrick Hotchkiss in his San Diego home on April 11, 2019.A co-defendant, 34-year-old San Diego resident Jeffrey Alden Blair, pleaded guilty in February and is due to be sentenced next month.Prosecutors say Hotchkiss had text messages on his phone indicating Emison sold him fentanyl the night before his death.Shortly after Hotchkiss' death, investigators searched Emison's home and vehicle and seized fentanyl, heroin residue, firearms, ammunition and other items indicating drug sales.Prosecutors say Emison admitted to knowing the fentanyl was dangerous and apparently sent text messages to Hotchkiss to warn him of the drug's strength but never received a response."Selling drugs is not a victimless crime. Selling drugs is a root cause of crime, cartel violence, the destruction of families and in this case, death," said DEA Special Agent in Charge John W. Callery.U.S. Attorney Robert Brewer said, "This case and the fact that deadly fentanyl continues to ravage our community, taking more than 300 lives this year alone in San Diego County, demonstrates the urgent need to hold these dealers of death accountable for their actions."A statement from the Old Aztecs Rugby Football Club said, "We continue to grieve our beloved Deez ... Saturdays won't be the same; he was a large man with a heart to match." 1723
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