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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) - People who visited the Lucky Lady Casino in San Diego on weekends over a six-month period ending in late September may have been exposed to tuberculosis, county health officials reported Tuesday.The Health and Human Services Agency is working with the casino to inform patrons and staff who may have been exposed between Feb. 23 and Sept. 30, said county spokesman Jose A. Alvarez.HHSA will provide testing at no cost to patrons who were potentially exposed, Alvarez said. Testing will be offered from 10 a.m. to 1 p.m. on Dec. 8 and 9 at the casino at 5526 El Cajon Blvd., he said.People who visited the casino are encouraged to contact their doctor or county TB Control if they cannot get tested on Dec. 8 or 9, Alvarez said.Beginning Tuesday, testing is also being offered to casino staff at no cost by county Occupational Health, according to HHSA officials, who noted it can take eight to 10 weeks after exposure for someone to test positive for TB.Those wanting more information may call Lucky Lady Casino at (619) 287- 6690 or the county TB Control Program (619) 692-8621.Dr. Wilma Wooten, the county's public health officer, said most people who are exposed do not become infected. However, testing is recommended because initial infection usually has no symptoms, she said.Tuberculosis is transmitted from person-to-person through indoor air during prolonged contact with an infectious individual. Symptoms include persistent cough, fever, night sweats and unexplained weight loss.The number of annual TB cases in San Diego County has decreased since the early 1990s, Alvarez said, with 258 cases reported in 2016, 237 in 2017 and 163 cases so far in 2018. 1691

SAN DIEGO (CNS) - State data has landed San Diego County in the most restrictive tier of the state's COVID-19 reopening plan, meaning nonessential businesses have two days to prepare for the regression.Dr. Wilma Wooten, the county's public health officer, said the restrictions associated with the purple tier will go into place just after midnight Friday."These are the results of our individual actions and behaviors that assign us to a tier," she said.Many nonessential businesses will be 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. Amusement parks, and live audience sporting events are closed. Bars, breweries and distilleries will be 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 will be able to remain open with 25% of the building's capacity. No food courts will be permitted.Schools will be 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 only.Remaining open are essential services, personal care services, barbershops, hair salons, outdoor playgrounds and recreational facilities. #SanDiego officially back in state’s most restrictive, purple #COVID tier. The following restrictions will take place this Saturday, at midnight. @10News pic.twitter.com/qu1WIr6rT1— Vanessa Paz (@10NewsPaz) November 10, 2020 San Diego County is far from the only jurisdiction sliding backward. San Diego County Supervisor Nathan Fletcher said Tuesday that 11 counties in California were preparing to move to more restrictive tiers. He said it was likely cases would continue to increase for weeks, even after the purple tier restrictions."Slowing the spread of COVID is like turning an aircraft carrier, it's not a jet ski," he said.Fletcher also announced the county would give 40,000 masks to law enforcement officers and encouraged law enforcement agencies throughout the county to step up enforcement.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.State officials reported Tuesday that San Diego County had an unadjusted new daily coronavirus case rate of 10.0 per 100,000. The adjusted case rate dropped to 8.9 per 100,000. Last week's unadjusted case rate was 8.7 per 100,000.Dr. Mark Ghaly, the state Health and Human Services secretary, gave credit to San Diego County for its efforts."With every county ... we're always in close dialogue. I myself talk to many counties every day, whether it's their public health leaders, their elected leaders -- answer questions, hearing perspectives, hearing viewpoints and trying to relate and express our level of concern," Ghaly said Tuesday."But it also always comes with a hand of support, a hand of interest in trying to figure out what is the next thing we can do, what is the current state of affairs, and that goes for San Diego as well," he said. "I commend the leadership there, up and down from their board to the number of people in their public health department and throughout the county who are really going to tremendous effort to not just keep things open but first and foremost to pay attention to transmission, to recognize that this is a serious and, you know, deadly situation for many and we want to do what we can to reduce transmission."According to the reopening plan, a county has to report data exceeding a more restrictive tier's guidelines for two consecutive weeks before being moved to that tier. A county then has to be in that tier for a minimum of three weeks before it may move to a less restrictive tier.Even as the number of cases continues to climb, the testing positivity rate for the region continues a decline. From last week's data, it dropped to 2.6%, a 0.8% decline. It still remains high enough for this metric to remain in the orange tier.The state's health equity metric, which looks at the testing positivity for areas with the least healthy conditions, increased from 5.3% to 6.5% and remained in the red tier. This metric does not move counties backward to more restrictive tiers, but is required to advance.The state data reflect the previous week's case numbers to determine where counties stand.San Diego County health officials reported 483 new COVID-19 infections and seven deaths Tuesday, raising the region's total to 61,053 cases and 915 deaths.Of the tests reported Tuesday, 5% returned positive, raising the 14- day rolling average of positive tests to 3.5%.Of the total number of cases in the county, 4,084 -- or 6.7% -- have required hospitalization and 944 patients -- or 1.5% of all cases -- had to be admitted to an intensive care unit.Five new community outbreaks were reported Tuesday, one each in a restaurant/bar, grocery setting, retail setting, TK-12 school and a business setting. Over the previous seven days, 39 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. 5538

SAN DIEGO (CNS) - Opening statements are scheduled Monday in the murder trial of a man accused in the 2015 shooting death of a customer during a robbery at a Clairemont-area gas station convenience store, as well as a shootout with police two days after the killing.Ahmed Hassan Mumin, 34, is charged with murder, robbery, burglary, and being a felon in possession of a firearm in connection with the April 16, 2015, death of 48-year-old Eric Schade. Mumin also faces a special circumstance allegation that the killing happened during the course of a robbery, meaning he faces life imprisonment without the possibility of parole if convicted.He's also charged with two counts of attempted murder on a peace officer for opening fire on two arresting officers in an April 18 shootout at a City Heights apartment.At his preliminary hearing, surveillance footage was shown allegedly depicting Mumin inside an Arco am/pm at around 3:45 a.m., pointing a gun at the clerk and demanding cash. The store clerk testified that the robber was wearing a dark beanie and a bandana covering his face.The clerk testified that he put the cash drawer on the counter. But Schade -- a neighborhood regular -- took a swipe at the robber's gun as if to push it out of his face, and Mumin took a step back and shot the victim once in the chest, prosecutors alleged.The footage shows the shooter rifling through the cash drawer, then fleeing with an undisclosed amount of cash.Two days later, officers tracked Mumin to an apartment complex on Winona Avenue in City Heights. Police officers testified that Mumin hid behind a set of doors in a community room. As a detective tried one of the doors, the defendant opened fire from behind another door, prompting the detectives to return fire, according to testimony.Mumin was shot in the abdomen by police and hospitalized.Co-defendant Adan Ibrahim -- allegedly the getaway driver -- was previously charged with murder, though that count was dismissed earlier this year by San Diego County Superior Court Judge Kenneth K. So through application of the state's new felony murder rule. He still faces trial on robbery charges.Ibrahim's girlfriend, Kristine Mariano, was also in the getaway car during the robbery, according to prosecutors. She pleaded guilty to being an accessory after the fact earlier this year and awaits sentencing. 2365

SAN DIEGO (CNS) - San Diego County reported 409 new cases of COVID-19 and four additional deaths Saturday, raising the county's totals to 48,200 cases and 798 fatalities as the city of San Diego reopened its 289 playgrounds.Three men and one woman died -- between Sept. 26 and Oct. 2 -- and their ages ranged from the early 60s to mid-80s, officials said Saturday. All but one had underlying medical conditions.Of the 9,143 tests reported Friday, 4% returned positive, bringing the 14-day rolling average percentage of positive cases to 3.1%. The state-set target is less than 8%. The seven-day daily average of tests was 9,191.Of the total number of cases in the county, 3,560 -- or 7.4% -- have required hospitalization and 830 -- or 1.7% of all cases -- had to be admitted to an intensive care unit.Two new community outbreaks were confirmed on Friday, both in a government setting. In the past seven days -- Sept. 26 through Oct. 2 -- 25 community outbreaks were confirmed. The number of community outbreaks remains above the trigger of seven or more in seven days. A community setting outbreak is defined as three or more COVID-19 cases in a setting and in people of different households over the past 14 days.The city began reopening its 289 outdoor playgrounds Saturday, joining the county's 100 playgrounds. Carlsbad opened playgrounds Friday morning.According to state guidance released Monday, outdoor playgrounds in parks, campgrounds and other publicly accessible locations are allowed to reopen, depending on individual cities and counties. Protocols for safe reopening include social distancing, all people 2 years old and older mandated to wear masks, no eating or drinking allowed in playgrounds and limiting time to 30 minutes while others are present.Meanwhile, San Diego State University reported 14 new cases of COVID- 19 on Saturday, bringing the total number of cases at SDSU to 1,120.The school is aware of 1,068 confirmed cases at SDSU and 52 probable cases, the university's Student Health Services reported Saturday."None of the COVID-19 cases have been connected with instructional or research spaces since fall instruction began," officials said, noting that the majority of the cases were "among students living off-campus in San Diego."All cases are since Aug. 24, the first day of instruction for fall 2020.The university announced Wednesday it was extending a pause on in- person courses through Oct. 12. Effective that day, a limited number of courses will resume in-person. Most of those courses are upper-division or graduate level, and have been "determined by faculty and academic leaders to be essential to student degree completion, licensure, and career preparation," university officials said in a statement.Approximately 2,100 students will be enrolled in an in-person course. Prior to the in-person pause, 6,200 students were enrolled in an in-person course.Paul Gothold, San Diego County's superintendent of schools, on Wednesday said schedules for the county's many districts and charter schools have not been drafted yet, but they're coming.The county has expanded its total testing sites to 41 locations, and school staff, including teachers, cafeteria workers, janitors and bus drivers, can be tested for free at any one of those sites. A rotating testing program with the California Department of Forestry and Fire Protection was in the works for schools in the county's rural areas.There are no state testing requirements for children, but all school staff who interact with children must be tested every two months. If schools were to open before San Diego County headed to a more restrictive tier in the state's monitoring system, they would not be affected. However, if a move to a different tier happened before schools opened for in-person learning, it would change the game plan, County Supervisor Nathan Fletcher said.If parents want to test their children for the illness, they have options, including Rady Children's Hospital, through Kaiser Permanente or through the 41 sites the county manages. Children as young as 6 months can be tested at the county-run sites.On Tuesday, the county again avoided being pushed into the "purple" tier, the most restrictive in the state's four-tier reopening plan. The county will remain in the red tier for COVID-19 cases, with a state-adjusted case rate of 6.7 per 100,000 residents. The county's testing positivity percentage is 3.5%.The California Department of Public Health will issue its next report on county case rates on Tuesday. 4542

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