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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) - According to research published Friday by UC San Diego School of Medicine and San Diego State University researchers, the risk of contracting COVID-19 from handling trick-or-treat candy that has been in contact with a coronavirus-positive person is minimal, but not zero.In the study published Friday in the journal mSystems, the researchers analyzed the viral load on Halloween candy handled by patients with COVID-19.SARS-CoV-2, the virus which causes the illness COVID-19, is primarily transmitted by respiratory droplets and aerosols. The risk of infection by touching fomites -- objects or surfaces upon which viral particles have landed and persist -- is relatively low, according to multiple studies, even when fomites are known to have been exposed to the novel coronavirus. Nonetheless, the risk is not zero."The main takeaway is that although the risk of transmission of SARS- CoV-2 by surfaces -- including candy wrappers -- is low, it can be reduced even further by washing your hands with soap before handling the candy and washing the candy with household dishwashing detergent afterwards," said co-senior author Rob Knight, professor and director of the Center for Microbiome Innovation at UCSD."The main risk is interacting with people without masks, so if you are sharing candy, be safe by putting it in dish where you can wave from six feet away," he said.As San Diego County heads into a Halloweekend, public health officials are urging members of the public to practice COVID-19 protocols -- including avoiding large gatherings such as Halloween parties and door-to-door trick-or-treating."These activities involve face-to-face interactions with people from different households," said Dr. Wilma Wooten, the county's public health officer. "If a COVID-19 infection is detected among a participant, it will be very difficult to find and notify those who may have been exposed."These traditional Halloween celebrations are not advised, and large gatherings are not allowed under state or local health guidance. The county has reported dozens of community outbreaks in the past week.For their study, the researchers enrolled 10 recently diagnosed COVID- 19 patients who were asymptomatic or mildly symptomatic and asked them to handle Halloween candy under three different conditions: Normally with unwashed hands, normally with washed hands and extensive handling while deliberately coughing.The candy was then divided into two treatments -- no post-handling washing and washed with household dishwashing detergent -- followed by analyses using real-time reverse transcription polymerase chain reaction, the same technology used to diagnose COVID-19 infections in people, and a second analytical platform that can conduct tests on larger samples more quickly and cheaply. Both produced similar findings.On candies not washed post-handling, researchers detected SARS-CoV-2 on 60% of the samples that had been deliberately coughed on and on 60% of the samples handled normally with unwashed hands. However, the virus was detected on only 10% of the candies handled after handwashing.The dishwashing detergent was effective for reducing the viral RNA on candies, with reducing the viral load by 62.1 percent.The researchers had also planned to test bleach, but noted that bleach sometimes leaked through some of the candy wrappers, making it unsafe for this type of cleaning use.The study authors underscored that the likely risk of SARS-CoV-2 transmission from candy is low, even if handled by someone with a COVID-19 infection, but it can be reduced to near-zero if the candy is handled only by people who have first washed their hands and if it is washed with household dishwashing detergent for approximately a minute after collection.Knight led the study with Forest Rohwer, viral ecologist at San Diego State University, and Dr. Louise Laurent, professor at UC San Diego School of Medicine. 3937

SAN DIEGO (CNS) - County Supervisor Nathan Fletcher and the University of San Diego launched a small business accelerator program Monday for the communities of Chollas, City Heights, Encanto, Linda Vista, Rolando and Redwood Village.The Innovate-Up program will leverage roughly .5 million in resources from the county and USD to support and invest in local businesses.The program is funded in part by a 0,000 grant from the county to USD's Brink Small Business Development Center.Starting later this month, Innovate-Up will begin hosting free weekly workshops to offer one-on-one consulting and small group meetings between small business owners and industry leaders, county staff and USD faculty.RELATED: City of San Diego's 10 steps to launching a small business or startupAt each meeting, business owners will learn about how to bid on local government or university contracts, branding and marketing, how to attract seed money and how to certify a business as veteran-owned, women-owned or minority-owned.``Innovative products and new technologies don't just come from people living in Silicon Valley; I believe we have that same caliber of an entrepreneur living in Encanto, Chollas, City Heights, Rolando, Redwood and Linda Vista,'' Fletcher said. ``Innovate-Up will cultivate our homegrown talent, and help them to make a lasting impact on their community.''The first Innovate-Up workshop is scheduled for Aug. 22 at the Malcolm X Library. Small business owners can find a full list of Innovate-Up workshops and sign up for them at innovate-up.com/events. Program organizers can also be contacted at 619-260-4547 or info@innovate-up.com. 1658

reases is wrong, as these sectors continue to do the right things, while trying to weather the ongoing pandemic and the back and forth of reopenings," Wooten's request states.Deputy Attorney General Jonathan Eisenberg, representing the state, said Wooten's conclusions were based on case numbers that have since increased and cited statements she made during a Nov. 17 San Diego County Board of Supervisors meeting, which drew a different conclusion.During the meeting, Wooten said "the numbers have expanded" since she made her request to the state."We couldn't in good conscience create that same argument since that adjudication submission was sent to the state," Wooten said while answering questions from the Board of Supervisors.Eisenberg called the recent spike in cases "an unprecedented surge" with record numbers being reached at the state, local and national level.Saying the lawsuit was based on outdated figures, Eisenberg cited a study submitted to the court which he said indicated full-service restaurants and gyms are "the top spreader locations" of virus infections.Katz argued that study was done early in the pandemic and without taking the sanitation measures businesses have implemented into account.Katz said restaurants and gyms are being punished despite adhering to the state's guidelines and said the state's reopening plan has applied its restrictions to restaurants and gyms in an arbitrary manner, which he claimed wasn't backed by science.The businesses allege in their complaint that they may be forced to close permanently if indoor operations don't resume, and that outdoor and takeout service will not make up for the economic losses incurred thus far.While Eisenberg acknowledged that businesses are suffering from "great economic hardship," he said "the balance of harms here is overwhelmingly in favor of keeping these restrictions in place."Cowboy Star Restaurant and Butcher Shop sent ABC 10News the following statement after the judge's ruling. 4120

SAN DIEGO (CNS) - A local privacy rights coalition Wednesday heralded the San Diego City Council's consideration of ordinances regulating the use, acquisition and funding of surveillance technology and establishing a Privacy Advisory Board.The council voted unanimously Tuesday to adopt both ordinances, which are intended to increase accountability within city government and law enforcement."My council colleagues joined me in taking the necessary next step to protect the civil rights and civil liberties of all San Diegans," City Councilwoman Monica Montgomery Steppe said.RELATED: Cameras in San Diego's controversial Smart Streetlights turned off — for now"The city of San Diego has a chance to lead here, and I look forward to the continuous collaboration with community organizations, my colleagues on the council and our city departments to ensure that we do."The movement towards an advisory board "started because our government and public officials failed us," said Deputy Public Defender Genevieve Jones-Wright, a member of The Transparent and Responsible Use of Surveillance Technology SD Coalition.Montgomery Steppe and supporters of the two proposed ordinances "changed the direction in which surveillance in San Diego was going -- even in the face of opposition by the very officials who led us into the quagmire," Jones-Wright said.Lilly Irani, an associate professor of communication and science studies at UC San Diego, said that for decades, technology companies "have been given free reign to design and deploy with little democratic oversight. People are saying that democracy also applies to technology that affects your life, not just to budgets or to who you elect."Seth Hall, of TechLead San Diego, said the council's actions will do more to protect the public from the harm of mass surveillance."With the passage of these ordinances, our leaders and our citizens are in unison demanding that the future of mass surveillance be very different from the past," Hall said.The surveillance ordinance will require transparency, accountability and oversight for all surveillance technology proposals and ensures the public can learn about the civil rights and civil liberties impact of surveillance technology before it is acquired by the city.If acquired, the use of surveillance technology must be re-examined each year to ensure any benefits outweigh the potential civil liberties and civil rights costs.The Privacy Advisory Board will provide residents with a public process to evaluate how the city monitors its residents. The creation of such a process is intended to allow the city to respond appropriately to concerns about civil liberties and privacy during a time of rapidly evolving technology.Montgomery Steppe said these ordinances will add the oversight required to build and maintain public trust.San Diego Police Department Chief David Nisleit raised concerns about the way the ordinances were written. He said while he supported oversight, the laws were "drafted with little to no input from law enforcement, victim advocacy groups" and other parties.Nisleit urged a more cautious, measured approach to the ordinances.Tuesday was the first reading. Both ordinances are subject to additional discussion before a second reading later this year or early in 2021. 3305