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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 San Diego woman who falsely claimed to have two employees on the payroll of her marketing company in order to obtain a CARES Act loan pleaded guilty to federal fraud charges, the U.S. Attorney's Office said Wednesday.Nikole L. Edwards, 40, the founder of Social Savvy Marketing, admitted to submitting fake tax records and payroll information to receive a loan through the Paycheck Protection Program.The U.S. Attorney's Office said that in April and May, she applied for "tens of thousands of dollars of PPP loans" with three financial institutions, claiming in applications that Social Savvy Marketing had two employees who earned annual salaries of ,000 and ,000, when the company actually had no employees.Edwards provided fake addresses, Social Security numbers and W-2 forms for the nonexistent employees, according to prosecutors, who said that upon being rejected for a loan, she claimed, "This is a lifeline for my employees and my business and we won't survive without it."She was able to obtain a ,583 PPP loan, but will have to repay the entire amount as part of the plea agreement.Edwards entered her plea Tuesday in San Diego federal court and is slated to be sentenced Nov. 18. The charge of making false statements to the Small Business Administration carries a maximum penalty of two years imprisonment and a ,000 fine, according to the U.S. Attorney's Office."The PPP is designed to help struggling businesses meet legitimate payroll obligations, not to enrich sole proprietors engaging in outright fraud," said U.S. Attorney Robert Brewer. "We are working diligently with our law enforcement partners to investigate and prosecute those who abuse this critical lifeline for the nation's businesses, workers and economy." 1777
SAN DIEGO (CNS) - An emaciated dog found Friday in Bandy Canyon remains in critical condition but has shown some signs of improvement, the San Diego Humane Society's animal care staff reported today.A county resident brought the 2-year old male pit bull mix to the Humane Society's Escondido campus after finding him extremely dehydrated and cold, with pressure sores on his hips and knees. Humane Society veterinarians are working to feed and re-hydrate the dog slowly so as not to damage his body in its current fragile state.According to the organization, it could take between seven and 10 days for the dog to turn a corner and begin to recover. Humane Society staff are hopeful that will happen."When I found him he was extremely lethargic and weak,'' said Humane Society Law Enforcement Sgt. Lauren Monreal. "He's since received fluids, some electrolytes and ... even despite his horrible condition, he wags his tail.''The organization's Law Enforcement unit opened a felony cruelty investigation on Friday into the dog's abandonment and who may be responsible. Residents can offer information leading to the responsible party's arrest by calling Humane Society Law Enforcement at (619) 299-7012.San Diego Crime Stoppers is also offering a ,000 for information leading to the person's arrest. Residents can call the Crime Stoppers anonymous tip line at (888) 580-8477 or visit the organization's website, sdcrimestoppers.org. 1441
SAN DIEGO (CNS) - Authorities warned the public Friday to beware of crooks who have telephoned Poway-area residents in recent weeks and tried to swindle them out of money by falsely claiming that the victims were in arrears due to outstanding arrest warrants or other obligations to local government coffers."These scammers and impersonators sometimes provide the victims with genuine Sheriff's Department phone numbers, and in the past they have actually used the names of real department employees," sheriff's Lt. Christopher Collier said. "They may sometimes even want to arrange a meeting in the parking lot of a government building or station in an effort to appear legitimate."No employees of the regional law enforcement agency -- or of any other county body -- contact members of the public by telephone to discuss such matters, Collier noted."Nor would any employees ever try to arrange a meeting to allow (a) payment to be made," the lieutenant said. "If you receive a call from a person or persons claiming to be a Sheriff's Department employee, and that person is trying to solicit a payment of some sort, please hang up the phone immediately."Victims of such illicit solicitations are also advised to report the offenses to the Federal Trade Commission at www.ftc.gov, or to local law enforcement if the contact results in an actual loss of money or personal information. 1392
SAN DIEGO (CNS) - Countywide sales of previously owned single-family homes and attached properties fell from July to August while median sales prices ticked up slightly, according to data released Monday by the Greater San Diego Association of Realtors. Single-family home sales fell 7.4% -- from 2,144 in July to 1,985 last month -- while sales of attached properties, such as condominiums, fell 8.6% from 1,100 in July to 1,005 in August. Sales of both property types have vacillated between increases and decreases since May. Median sales prices of both property types have risen fairly steadily for most of the year, according to the GSDAR. Single-family home prices rose 0.5% from 7,000 in July to 0,000 in August, and attached property prices increased 1.2% from 5,000 in July to 0,000 last month. ``The 30-year mortgage rates are approaching the historic lows of 2016,'' SDAR President Kevin Burke said. ``Whether that can give the housing market some relief is still dependent on an increase in our supply of homes for sale. Until then, buyers will have to be on their game.'' Year-over-year property sales also fell last month when compared to August 2018. Single-family home sales decreased 3.8% from 2,064 in August 2018 to 1,985 last month, while attached property sales fell 6.9% from 1,079 in August 2018 to 1,005 in August of this year. Property prices didn't move much last month compared to their levels one year ago. Single-family home prices decreased 0.8% from 5,000 in August 2018 to 0,000 last month, while attached property prices jumped 3.5% from 5,000 in August of last year to 0,000 last month. Real estate agents sold 55 single-family homes in eastern Rancho Bernardo last month, the most of any ZIP code in the county. Ramona and northern Oceanside followed with 52 and 51, respectively. 1847