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SAN DIEGO (CNS) - A man died in a hospital Sunday of injuries he suffered in a collision with a boat while he rode a Jet Ski in Mission Bay, authorities said.The collision happened at 6:30 p.m. Saturday near the north end of Ski Beach when a man in his 20s from out of state was riding on a Jet Ski with another family member, according to the San Diego Police Department.A boat collided with the Jet Ski and the injured man was taken back to shore by the family member, where CPR was performed and a pulse was eventually detected, police said. He was taken to a hospital, where he died Sunday.Police questioned the driver of the boat, which was taken as evidence. The investigation of the collision is ongoing. The boat driver's name was withheld. 756
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) - Federal authorities said today that a woman who fled federal custody and ran into a crowd of protesters was later taken to a hospital after she became distressed during the confrontation.The incident occurred Saturday in the 220 block of West C Street near the gate into the Western Region Detention Center. The woman's escape and the following confrontation between federal agents and protesters was captured on video and widely shared on social media, garnering over 15,000 views as of Monday.According to the San Diego office of the FBI, the woman -- who was arrested on suspicion of dealing methamphetamine, heroin, and fentanyl -- opened the rear passenger door of an unmarked car while handcuffed.She then allegedly ran into a nearby crowd that was protesting police brutality. Agents pursued the woman and regained custody, while the crowd of protesters surrounded the agents and the woman, the FBI reported.Protesters then confronted the two agents who pursued the woman, officials said. Video recording shows a crowd of around 50 protesters attempting to separate the woman from the FBI agents by pulling at her and the agents, until the woman becomes distressed and suffers a seizure.Protesters then encircled the woman and blocked the agents from her. A member of the protesting group designated as a medic then assists the woman, according to the video.The two agents, who wore civilian clothes, walked back to their car near the San Diego jail and called for medical assistance, the federal authorities reported.Paramedics responded to the scene along with a large police presence, which separated protesters from the woman. She was then taken to a local hospital, the FBI said.According to federal investigators, the woman's initial arrest was not related to the nearby protest. She had been arrested by the San DiegoCounty Sheriff's Department on suspicion of conspiracy to distribute meth, heroin and fentanyl to a 2019 federal gang and narcotics case. The FBI has opened an investigation into the incident. 2049
SAN DIEGO (CNS) - A man convicted of sex crimes against children in Northern California who was recommended for conditional release to a Pauma Valley home will no longer be considered for placement in San Diego County, prosecutors said Friday.Joshua Cooley, 40, is classified as a Sexually Violent Predator, a designation for those convicted of sexually violent offenses and diagnosed with a mental disorder that makes them likely to re-offend.According to the San Diego County District Attorney's Office, Cooley was convicted in Humboldt County of sex crimes against underage girls.The Department of State Hospitals recently recommended placing Cooley at 15077 Adams Drive after attempts to find a suitable Humboldt County location were unsuccessful, according to the DA's Office.The address is the same location where another Sexually Violent Predator, Joseph Bocklett, was recently recommended for release. San Diego County Superior Court Judge Howard Shore ultimately decided against the placement, ruling that it would bring the 76-year-old Bocklett too close to areas frequented by families.San Diego County District Attorney Summer Stephan lodged a strong objection to Cooley's proposed placement, citing Shore's ruling and the potential risks to the public."Ignoring and overlooking Judge Shore's thorough, thoughtful and well- reasoned conclusions and continuing to consider this location for placement of an SVP is reckless and irresponsible," Stephan wrote in a letter to Liberty Healthcare and the California Department of State Hospitals, which are tasked with locating suitable post-release housing for sexual predators.Stephan wrote that if the placement was considered inappropriate for Bocklett, a senior citizen, the much younger Cooley represented an even greater risk.According to the DA's Office, Liberty Healthcare has stated that the recommendation was made in error, and the Department of State Hospitals no longer feels the Pauma Valley address is a suitable location for Cooley. An Oct. 9 virtual court hearing was scheduled in Humboldt County Superior Court to discuss the proposed placement, but that hearing has since been vacated."This placement would have put children and families at risk, so we went to battle alongside our community, and we prevailed," Stephan said. "I want to acknowledge that the system worked in that the State Department of Hospitals gave serious consideration to our concerns and spared us from an extended legal battle in court. They showed that they care about our community. I also want to acknowledge the SAFE Task Force, led by the sheriff's department, for all their work giving notification and gathering input from the community. As always, the DA Sex Crimes and Human Trafficking Division demonstrated their commitment to keeping our children safe and the community stood firmly with us in stopping this placement." 2888
SAN DIEGO (CNS) - An ex-con who opened fire in the Gaslamp District two years ago, wounding an off-duty sheriff's deputy and a bystander, was sentenced Wednesday to 71 years to life in state prison.Ray Pitoau, 39, was convicted last month of two counts of assault with a firearm for the Aug. 7, 2017, shooting that injured Deputy Jason Philpot, who was walking through downtown with his two brothers following a Metallica concert at Petco Park. Also injured was bystander Vladimir Shvets, a passerby in San Diego for a convention.Pitoau was also convicted of a lesser charge of assault on the deputy's younger sibling, Joshua.Prosecutors said Philpot and his group walked past Pitoau, who got into an argument with the deputy's sibling on Island Avenue near Sixth Avenue just after 1 a.m.RELATED: Man convicted of assault with gun in Gaslamp shooting that wounded deputyPitoau testified that he pulled out a gun in self-defense because a group of men, including Jason Philpot, were advancing on him. He testified that he and the deputy both grabbed onto the gun, leading it to fire as they grappled over the weapon.Jason Philpot testified that he tried to wrap his arms around Pitoau and get the gun away, but the defendant was able to pull the trigger, wounding the deputy in the chest and right arm. One of the rounds ricocheted off the sidewalk and struck Shvets.Pitoau was arrested about a month later in Mexico.RELATED: Man convicted in Gaslamp shooting involving off-duty deputy sentencedSan Diego County Superior Court Judge Melinda J. Lasater declined to dismiss a number of allegations that added years to Pitoau's sentence due to his numerous prior convictions for crimes dating back to 1991, including burglary, assault, and being a felon in possession of ammunition.Deputy District Attorney Michael Reilly said Pitoau had demonstrated a history of re-offending each time he was released from prison and that "he knew better" than to bring a gun to the Gaslamp Quarter that day.Defense attorney Jessica Marshall said evidence at trial showed the Philpots and other members of their group had been drinking and were being aggressive, with the attorney arguing Pitoau "is not the only reason this happened."RELATED: Gaslamp deputy shooting suspect escapes Spring Valley SWAT standoffJurors deadlocked on the assault counts in Pitoau's two previous trials, though one of those juries convicted Pitoau on three felony firearm possession counts. 2459