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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 San Diego Convention Center will light its Sails Pavilion orange beginning at sundown tonight and Sunday in recognition of World Homeless Day, city officials said.San Diego Mayor Kevin Faulconer said millions of people around the world experience homelessness every day.``San Diego has made great strides over the past few years to invest in solutions that get people into safe, sanitary conditions and on a path to a permanent home,'' the mayor said. ``We continue to make progress during this pandemic with 600 people and counting getting housed through Operation Shelter to Home.''The convention center was turned into an emergency homeless shelter on April 1.``Our Sails Pavilion will shine orange for World Homeless Day to acknowledge the needs of people who experience homelessness and how different communities are responding,'' said Rip Rippetoe, CEO and president of the convention center.``Especially during this time when our most vulnerable San Diegans face COVID-19, we are grateful to our community for coming together and successfully implementing Operation Shelter to Home.''The first World Homeless Day was held a decade ago. 1172
SAN DIEGO (CNS) - San Diego State will play a football game against the Colorado Bulldogs on Saturday at Boulder, Colorado, in a replacement game for both schools, SDSU announced Thursday.The Aztecs' originally scheduled game Friday at Fresno State was canceled earlier this week due to COVID-19 contact tracing within the Fresno State program. The Mountain West Conference declared the game a no contest, and has no plans to reschedule it, conference officials said Sunday.On Thursday night, Colorado's scheduled game against USC at the Coliseum was canceled and declared a no-contest because USC did not have the minimum number of scholarship players available for the game at a specific position group as a result of a number of positive COVID-19 cases, and the resulting isolation of additional players under contact tracing protocols.The Aztecs (3-2) are coming off a 26-21 loss at undefeated Nevada on Saturday. The team will resume Mountain West play against Colorado State on Dec. 5 at Dignity Health Sports Park in Carson. 1039
SAN DIEGO (CNS) - The San Diego Humane Society will make a group of animals displaced by the Camp Fire available for adoption Friday.Earlier this month, the organization's Emergency Response Team deployed to Butte County for 10 days to offer aid to hundreds of animals displaced or otherwise affected by the fire.The team returned to San Diego Dec. 19 with eight dogs and three cats, some of whom received treatment for burns caused by the fire.The owners of the 11 animals surrendered them to the Humane Society because they could no longer care for them. As a result, they will not have an owner seeking to find them once conditions improve in the areas affected by the fire.The Humane Society will put a group of the displaced animals up for adoption at 10 a.m. at its main campus, located at 5500 Gaines St. Available animals include 11-year old shepherd mix Cinnamon, a bonded pair of 6-year old miniature pinscher mixes named Pikachu and Panchie and a 3-year old cat named Sunshine.Residents can view the Humane Society's adoptable animals at sdhumane.org/pet. Adoptions will be on a first-come, first-served basis. 1129