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SAN DIEGO (CNS) - As part of its reopening plan amid the coronavirus pandemic, the San Diego Unified School District allowed some students facing severe challenges to return to in-person learning today, but a timeline for the district to reopen fully remains unclear.Phase 1 of the district's plan to reopen is to allow elementary school students ``who have been uniquely identified by their teachers as experiencing learning loss'' to have limited in-person appointments.Participation is voluntary and students who participate in the sessions will continue to receive online learning.On Tuesday, Lafayette Elementary School in the Clairemont Mesa neighborhood invited back 25 of the 27 students who were asked to return to in- person instruction -- many of whom are part of a deaf and hard-of-hearing program at the school.The district's Phase 1 includes a mandate for less than 20% capacity for rooms and for schools, half days to avoid groups eating at schools and a six-foot distancing everywhere on school grounds -- barriers or no barriers.This summer, San Diego Unified adopted standards developed in consultation with experts from UC San Diego. As a result, conditions for the district's reopening local schools are considerably stricter than state standards, and much stricter than various other school districts in the region that have opened for in-person learning.According to the district, all California Department of Public Health criteria has been met to a level where limited in-person classes are possible.The next stage will be when both state and county data fit the district's stricter metrics. That date is anyone's guess, leading to some frustration from parents.Parents and guardians in the ``Reopen SDUSD'' group said the district's current reopening plan was ``riddled with vague language that is a far cry from a comprehensive plan that families have been asking for.''With the criteria SDUSD has in place, it could be weeks or months until in-person school becomes more widely used. Even then, it's not a guarantee school will head back as soon as the numbers fit.In the Chula Vista Elementary School District, a push from Superintendent Francisco Escobedo to reopen the state's largest elementary school district for in person instruction on Oct. 26 was met with significant backlash from the Chula Vista Educators union.Susan Skala, the union representative, said collective action and possibly even a strike was on the table unless Escobedo and the administration backed down. Chula Vista is seeing higher-than-average numbers of COVID-19 cases and hospitalizations, and after parents, guardians and educators spoke at a town hall last week, the district relented, moving the new start date to sometime ``near the end of the year.''That example leaves San Diego Unified with a difficult path to walk during the continuing pandemic with public safety, education, unions and families all playing a part.The district has made efforts to make schools and sites safe, purchasing million in personal protective equipment and other safety equipment. It has also received some 200,000 masks in child and adult sizes from the state, along with 14,000 bottles of hand sanitizer. 3211

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 San Diego federal judge refused Tuesday to release 34 "medically vulnerable" detainees from the Otay Mesa Detention Center, which has the largest COVID-19 outbreak among the nation's U.S. Immigrations and Customs Enforcement facilities.U.S. District Judge Dana Sabraw previously ruled that a group of medically vulnerable detainees be released, in respose to a lawsuit filed by the American Civil Liberties Union alleging that overcrowded conditions at Otay Mesa put detainees at serious risk of contracting the virus.More than 200 people have tested positive at the facility since the outbreak began, including 57-year-old Carlos Escobar-Mejia, who became the first ICE detainee to die from COVID-19 earlier this month.While most of those detainees have been released since Sabraw's ruling, ICE was allowed to review their criminal histories, and decided that 34 among them should remain in custody "based on defendants' determination that they pose a danger to the community," the judge wrote.Sabraw ruled that while Otay Mesa still has the largest virus outbreak in the nation, the reduction in the facility's population and other factors have likely reduced the risk for those still detained.Sabraw's ruling denying a request for a preliminary injunction indicates the facility is currently at 38% capacity, and that the 34 detainees at issue are spread out throughout the facility.The judge wrote that 30 of those detainees are in housing units with no positive cases, "a stark contrast to the situation that existed before the TRO issued, where medically vulnerable detainees were being housed throughout the facility with other detainees who had tested positive."Sabraw wrote that the remaining four detainees are in a unit that is at 12% capacity. Three of the four detainees tested positive for COVID-19 before his TRO order was issued, but have since recovered. The fourth detainee "may be at increased risk, but other factors mitigate that risk," Sabraw wrote.The judge said Otay Mesa has taken measures to mitigate the risk of further spread, including suspending new detainee admissions, screening people who enter the facility, increasing sanitation, providing masks to detainees and requiring employees to use personal protective equipment.Additionally, Sabraw wrote that unlike the detainees previously released, the government had additional interest in "protecting the community," when considering the 34 remaining detainees.Earlier this month, Sabraw also denied a request from the ACLU to release medically vulnerable U.S. Marshals Service inmates from the facility, citing a law that limits the ability for inmates in criminal custody to file lawsuits in federal court, placing certain restrictions on inmate release requests when it concerns the conditions of their detention. 2826

SAN DIEGO (CNS) - A San Diego man was sentenced Friday to more than six years in prison for operating a million Ponzi scheme that caused investors to lose more than million.In addition to the 75-month sentence, Jonny Ngo, former president and CEO of NL Technology, LLC, was ordered to pay nearly million in restitution for bilking investors out of money he alleged would be used to fund wholesale purchase orders of smartphone screens and other electronic goods.Prosecutors said the funds were actually spent on personal expenses, such as "a home, luxury cars and gambling."Ngo, 34, told investors that NL Technology was supplying smartphone screens to several buyers, including two that each ordered about million worth of NL Technology products, and prepared false financial and bank statements to back up his claims, according to the U.S. Attorney's Office.Ngo pleaded guilty to a mail fraud charge last year."Ngo swindled and conned innocent investors out of their hard-earned money to support his lavish lifestyle," FBI Special Agent in Charge Suzanne Turner said. "The false representations about wholesale purchase orders worth millions and supporting phony business records were all lies. Ngo's actions serve as an example of the unconscionable greed that fuels these all too common fraud cases." 1327

SAN DIEGO (CNS) - Margaret Hunter, who pleaded guilty along with her husband -- former Rep. Duncan Hunter -- to illegally spending hundreds of thousands of dollars in campaign funds for personal purposes, was sentenced Monday to eight months of home confinement, slated to begin immediately, and three years probation.The former East County congressman's wife, who also acted as his campaign manager during much of the time the pair improperly spent campaign funds on personal expenditures, pleaded guilty to a conspiracy charge more than a year ago.Duncan Hunter pleaded guilty about six months later, then resigned from Congress the following month. He was sentenced in March to 11 months in federal prison, but has yet to serve any of his term as the COVID-19 pandemic led to a postponement of his self-surrender date. He's not expected to report to prison until possibly as late as January.Margaret Hunter's attorneys argued for an out-of-custody sentence involving home confinement and prosecutors agreed, citing her agreement to cooperate with investigators and the manner in which prosecutors say her husband directed blame at her when the allegations became public.Prosecutors did seek to have her home confinement delayed until January, as they stated it would be more punitive at that time, with the COVID- 19 pandemic currently keeping the majority of the general public confined to their homes.However, U.S. District Judge Thomas Whelan opted to begin her term immediately.Margaret Hunter made a brief, tearful statement to the court prior to sentencing, saying "I continue to take full responsibility. I'm deeply sorry."Assistant U.S. Attorney Emily Allen said the defendant spent most of the funds, but her role was "far less egregious" than that of her husband, who the prosecutor said was "the driving force" behind the crime."He was the elected official. He was the person in charge of the campaign and he was the decision maker who chose to allow this to go on," Allen said.Prior to his plea, Duncan Hunter repeatedly and publicly denied wrongdoing. He attributed more than ,000 in video game purchases to his son, while later suggesting his wife may have been responsible for the misspending, as she was the campaign manager and in charge of those finances.He later accused the U.S. Attorney's Office of a politically motivated prosecution, saying some of the lead prosecutors in his case attended a fundraiser for Hillary Clinton's presidential campaign. He alleged the prosecution targeted him because he was one of the earliest supporters of Donald Trump's presidential campaign."Today we're reminded that no one is above the law," Assistant U.S. Attorney Mark Conover said following the hearing.The prosecutor said the sentence handed down was appropriate because "not only did she have to withstand being thrown under the proverbial bus by her husband, but she took responsibility."Conover also credited Margaret Hunter's cooperation, saying that without it, prosecutors would have likely had to go to trial in order to secure a conviction against Duncan Hunter. Her cooperation "led Congressman Hunter to understand that he would not escape responsibility for his crime," according to Conover.The couple were indicted in 2018, charged with unlawfully spending hundreds of thousands of dollars on family vacations, restaurant and bar tabs, clothes and other frivolous expenses over the course of several years, while falsely stating to staff that the purchases were campaign-related.Prosecutors said that despite their lavish spending, the couple were in dire financial straits, overdrawing their bank account more than 1,100 times over a seven-year period.Amid the charges and public allegations, Hunter was re-elected in November 2018 with 51.7% of the vote in the 50th Congressional District, despite being indicted three months prior. He was first elected in 2008, succeeding his father, who held the congressional seat for 28 years. 3971