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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 Tijuana man and his three adult children were indicted by a federal grand jury for allegedly smuggling hundreds of illegal immigrants across the border for profit, the U.S. Attorney's Office announced Friday.Luis Antonio Mendez-Brahan, 55, remains at large, but his children, Christopher Mendez, 28, and Wendy Monserrath Mendez, 24, both of Wasco in Kern County; and Nancy Jacqueline Suarez, 31, of Madera, were arrested at their homes on Thursday, prosecutors said.Mendez-Brahan is accused of leading the smuggling scheme for nearly a decade, which allegedly operated near the Tecate Port of Entry and "used an ever-changing cadre of spotters, guides and drivers" to move "hundreds of illegal aliens into the United States."Mendez-Brahan is accused of charging between ,000 and ,500 for each person smuggled into the U.S., while his children allegedly used family members in both countries to move the money. Border Patrol investigators tracked financial transactions between Mendez-Brahan's children in the U.S. to money service businesses in Tijuana, according to prosecutors.The four family members are each charged with conspiracy to bring in illegal aliens for financial gain, to transport illegal aliens and to conduct financial transactions with proceeds of specified unlawful activity. Mendez- Brahan is additionally charged with five counts of bringing in aliens for financial gain.His three children made their first appearances in San Diego federal court on Friday. 1509

SAN DIEGO (CNS) - Less than a week after fully reopening its schools, the Vista Unified School District reported a second COVID-19 case involving a Mission Vista High School student, leading to the quarantine of about 150 students and four teachers.According to the district, the second student tested positive for the illness on Sunday. That student attended school Tuesday, Wednesday and Thursday last week and is not connected to the other case in a student confirmed last week, the district said."The parents notified us that the student likely contracted the virus while traveling on a club athletic team not affiliated with school," a district statement reads. "We immediately notified all parents, students and staff who may have come into contact with the student."While it is unlikely the student came into close contact with all 150 students and four teachers, the district said it was "proceeding with an abundance of caution" and placing all of them on a 14-day quarantine and pivot to Zoom and Canvas distance-learning classes.According to the district's COVID-19 safety dashboard, it has recorded five cases since Sept. 8, and just one since Oct. 20.The Vista Unified School District, fully reopened its 28 schools last Tuesday, eschewing some of the more cautious measures some other districts are taking, moving into its Phase 3 reopening plan. The "Vista Classic" plan allows every school in the district to reopen at full capacity. Parents and guardians will still be able to keep students in "Vista Virtual," the district's distance-learning program, if they so choose."Our health and safety measures were working well, with mask wearing and handwashing particularly strong on all campuses," Vista Superintendent Matt Doyle said after visiting campuses Tuesday. "We will continue to refine arrival, dismissal, and lunchtime routines for students as they relearn how to interact with their friends in this new social distancing environment."The district said it will attempt to have social distancing as much as possible, but will allow as many as 38 students in a single classroom, so desks will not be spaced six feet apart.A rally Oct. 15 by teachers and parents at Foothill Oaks Elementary School attempted to dissuade the Vista Unified School Board from reopening, with many educators believing the safety measures inadequate.Plexiglass barriers were not provided to teachers. Instead, they were given PVC pipes and plastic liner to create makeshift protection from students returning to in-person learning. 2538
SAN DIEGO (CNS) - A teenage boy who shot his father five times in the master bedroom of the family's Scripps Ranch condominium last year, then fired another shot through the door of another bedroom, where his mother and half- brother had barricaded themselves, will be remanded to a juvenile detention facility for as much as nine years, a judge ruled Friday.The 16-year-old defendant was tried as a juvenile and found guilty last month for the April 29, 2018, killing of 46-year-old Thanh "Sonny" Pham, as well as the attempted murder of his mother.According to prosecutors, juvenile court sentencing guidelines dictate that the boy can be held in custody until he is 25, though he could be paroled earlier than that.Superior Court Judge Louis R. Hanoian said the sentence for the convicted counts would have the boy facing a 67-year-to-life prison sentence had he been of age.RELATED: Man dead after shooting in Scripps Ranch; 15-year-old son arrestedDuring the boy's bench trial, Deputy District Attorney Mary Loeb said the teen ambushed his father, using Pham's own Glock pistol, then came "storming out of the bedroom with the gun" and began scoping the unit for his mother and half-brother, who had taken refuge inside his sibling's bedroom. Loeb said the gun was empty after the youth fired on his father, and he had to return to the bedroom to reload so he could "continue on this rampage."Defense attorney Mary Ellen Attridge argued that the killing was committed in self-defense, following years of routine physical abuse at Pham's hands. The juvenile testified that Pham often struck him as a form of discipline, including once just minutes before the shooting, knocking him briefly unconscious. He also said that Pham once shoved his mother out of a moving vehicle and his family members also testified that Pham was abusive with them and the boy.Following the shooting, the boy, then 15, fled from the condo on foot before police arrived, but was arrested about 1 a.m. the following day, roughly two miles from his home, after someone spotted him on Scripps Poway Parkway near Interstate 15. He had the handgun in his waistband and dozens of rounds of ammunition in his backpack when taken into custody, according to police.RELATED: Teen denies killing father in Scripps Ranch homeHanoian ruled that there were true findings -- the equivalent of guilty verdicts -- for murder and attempted murder, as he felt the evidence did not support claims that Pham was "a violent ogre" and "a sadistic abuser" as he felt Pham had been portrayed by the defense.During Friday's dispositional hearing -- the juvenile court equivalent of a sentencing hearing -- attorneys argued over what type of custody was more appropriate to provide the boy with proper treatment and rehabilitation.Loeb argued to have the boy placed in one of two state youth correctional facilities -- either in Stockton or Camarillo -- while Attridge sought to have the boy placed in a less-restrictive youth program in Otay Mesa, where his family could more easily visit him for the purposes of facilitating family therapy. Attridge also said she will file a notice of appeal on the boy's behalf.Hanoian ruled that the Department of Juvenile Justice's facilities provided a more thorough program to assist the boy in terms of his mental health, educational opportunities -- including college courses and career technical education -- , and rehabilitation."We need to get (the boy) up and running. We need to have him become a productive member of society and we need to give him the training, the education, and the skills and the therapy that's necessary," Hanoian said.The judge said that he did consider concerns over a lack of face-to- face family therapy with the boy housed outside of San Diego County, but said that technological means like video conferencing would allow him to undergo that therapy with family members.The boy did not make a statement during the hearing, but Attridge said he "is very remorseful about what happened here. It has changed his family's entire life and it has changed his life and he regrets having done anything to end his father's life."She also said that upon his release, she believed "he will be somebody who will never recidivate" and will leave custody "a better person, a more mature person and a nonviolent person."Pham's younger sister, Catherine Wright, said her brother was "confident, charming, funny, athletic and intelligent," a good brother to her, a good uncle to her daughter, and their parents' pride and joy.Wright said the depictions of her brother as an abuser pained her greatly and the fact that he'd been killed by his own son made it "easier to tell people that he died of a heart attack."Just as Pham had meant everything to their dad, Wright said the defendant meant everything to her brother."I cannot imagine a more horrible death for Sonny to suffer. I'm haunted by thoughts of Sonny laying on the floor in pain, gutted not just by his physical wounds, but in the realization that his firstborn son, his only son, turned on him and shot him," Wright said.She said she was not yet able to forgive the boy, but that her brother would have wanted to have his son "to have the opportunity to heal what is broken inside of him. He would want his family to be safe and loved." 5320
SAN DIEGO (CNS) - A long-planned but controversial religious tourism and conference center project in Mission Valley received final approval today from the San Diego City Council.Construction of the 1 million Legacy International Project will be funded by televangelist Morris Cerullo.Slated for the 18-acre site of the former Mission Valley Resort, the project encompasses five buildings, including a new 127-room hotel and restaurant. It will also have a replica of Jerusalem's Wailing Wall and a domed theater featuring biblical films.At a hearing two weeks ago, opponents expressed concerns over the potential for increased traffic in an already congested area.Cerullo's organization plans to add one lane in each direction on Hotel Circle South. Under a permit condition, they plan to maintain a count of vehicles that enter the facility's driveway over the first three years.On its second reading, the item was passed without comment on a 7-2 vote, with Georgette Gomez and Chris Ward dissenting.The council also approved an amendment to council policy that will move up the timeline for receiving ballot submissions from the public.The change does not affect citizens initiatives or referendums that go through the signature collection process.According to City Clerk Elizabeth Maland, the amendment will provide a little more clarity to the public about the process. She said receiving the measures earlier will give city officials more time to provide legal review and analysis, along with help in drafting language.The policy change will also affect submissions from city officials and departments or other public agencies. 1644
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