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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) - Authorities reached out to the public Tuesday for help finding an assailant who fatally stabbed a 31-year-old man in the Ridgeview-Webster neighborhood just over three months ago.Officers responding to a report of an assault shortly before 10:30 p.m. on June 25 found Leah Capaal Worley suffering from stab wounds to his upper body at Charles Lewis III Memorial Park in the 4300 block of Home Avenue, according to San Diego police.Paramedics took Worley to a hospital, where he was pronounced dead.RELATED: Man dies after being found with stab wounds in Webster areaInvestigators determined the stabbing happened in 4600 block Home Avenue and that Worley drove himself to the location where he was found by officers, police said.Investigators have not disclosed a detailed description of the assailant, who was wearing a dark-colored hooded jacket at the time of the slaying.Anyone with information about the slaying was asked to call the San Diego Police Department's homicide unit at 619-531-2293 or Crime Stoppers at 888-580-8477. Tipsters can remain anonymous and could be eligible for a reward up to ,000. 1138
SAN DIEGO (CNS) - A suspect in the strangulation death of a City Heights woman a half-century ago was behind bars Tuesday following his out-of- state arrest last weekend, San Diego police reported.John Sipos, 75, was taken into custody Saturday in Schnecksville, Pennsylvania, on suspicion of murdering 24-year-old Mary Scott, who was found slain at her home in the 4000 block of 39th Street on Nov. 20, 1969, according to Lt. Matt Dobbs."The investigators exhausted all leads at the time, and the case eventually went cold," he said.Recently, cold-case investigators identified Sipos as Scott's alleged killer via forensic genealogy, said Dobbs, who declined to disclose further information about the circumstances of the homicide.Sipos was being held at Lehigh County Detention Center in Allentown, Pennsylvania, pending extradition to San Diego. 856
SAN DIEGO (CNS) - A motorcyclist was killed Tuesday morning in a collision with an SUV on a La Jolla street, police said.The crash happened shortly before 7:55 a.m. in the 8700 block of Gilman Drive, San Diego police Sgt. Michael Stirk said.The motorcyclist, who was not immediately identified, was pronounced dead at Scripps Memorial Hospital La Jolla, Stirk said.The driver of the Toyota Highlander involved in the collision remained at the scene and cooperated with officers, Stirk said.A SigAlert was issued around 9 a.m. with the closure of the northbound lanes of Gilman Drive between Villa La Jolla and La Jolla Village drives. 642
SAN DIEGO (CNS) - A young man who groped and sexually assaulted four female students as they walked to their off-campus housing near San Diego State University last summer was sentenced today to a two-year prison term.Judge Polly Shamoon also ordered Minda Shewangizaw, 20, to stay away from the four victims and San Diego State for 10 years.Shewangizaw pleaded guilty in April to felony and misdemeanor charges of false imprisonment and sexual battery. The defendant still faces charges that he tried to rape a woman in May 2017 at UC Riverside, where he was a student.Deputy District Attorney Judy Taschner said the victims in the SDSU case ranged from 17 to 19 years old. "He (Shewangizaw) attacked two separate groups of girls that were walking in pairs," the prosecutor said outside court."And even though they were walking with a friend, it didn't deter him from literally walking up to them and sexually assaulting them and grabbing them against their will."T.H. testified during a preliminary hearing in January that she and her roommate, T.L., were walking near Montezuma Road and 55th Street, back to their apartment just after midnight last Aug. 29 when the defendant came up from behind and forcefully "grabbed my butt."T.L. testified that she noticed someone walking behind them before he began chasing them. "I said, You need to leave," T.L. testified. "He grabbed my hand and pulled me toward him. He pulled my shirt down and grabbed my breast."T.L. said she kicked the defendant and was able to break free. She and her roommate notified a security guard, who called campus police.The witness said Shewangizaw was wearing an "extremely distinctive" blue Hawaiian shirt and she and her roommate were able to identify him a short time later, after his arrest following another attack.Jane Doe 2 testified that she and Jane Doe 1 were on a pedestrian bridge near the Aztec Student Union, headed back to their dorm about 1 a.m., when she heard footsteps and was smacked on her "behind" by the defendant."I was livid. I said, What are you doing? Don't do that! He laughed it off." The witness said she kept walking and tried to ignore the defendant, but he followed and made a remark about her breasts before pulling her shirt down and putting his hands on her chest.Jane Doe 2 said Shewangizaw went to Jane Doe 1 and said, "How about you? What do you have?" Jane Doe 1 testified that Shewangizaw asked them if they were freshman and told them he was a junior at SDSU. The witness said she froze when the defendant grabbed her friend's breasts."I got really freaked out." She said Shewangizaw grabbed her breasts and buttocks and trapped her against a rail before laughing and walking away. Shewangizaw was arrested and bailed out of custody, but was re- arrested in connection with the alleged attempted rape at UC Riverside. 2844