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SAN DIEGO (CNS) - The caregiver for a 74-year-old man who died in her care and another senior who were both involuntarily locked away at her various San Diego residences was sentenced Friday to 13 years in state prison.Shirley Montano, 53, pleaded guilty earlier this year to charges of voluntary manslaughter, false imprisonment of a dependent adult and perjury.A murder charge stemming from the death of Robert Chagas was dropped under the plea agreement.RELATED: Woman to stand trial for senior's death, abuse of elderly womanProsecutors alleged the defendant withheld food from Chagas and Josefina Kellogg, 61, causing their health to deteriorate over the course of several years, during which she moved often and relocated them, as well.Chagas died Oct. 7, 2016, at Sharp Memorial Hospital of pneumonia, which prosecutors argued was exacerbated by severe malnutrition he suffered under Montano's care.While the victims lived with Montano, she used their social security checks and other government benefits to buy herself a truck, among other personal purchases, and gambled away their money at local casinos, according to prosecutors.Testimony from Montano's 2019 preliminary hearing indicated Chagas and Kellogg were kept isolated from others and were confined to their respective bedrooms. Montano's niece, who stayed with her for about a year, testified 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.RELATED: La Jolla man arrested for assaulting elderly woman in Morro Bay, police sayOthers who resided at Montano's apartment or visited were offered various explanations for the presence of the victims, 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.Chagas was "emaciated" when he was brought into the hospital, where he died five days later, prosecutors said.RELATED: Woman sentenced for defrauding 86-year-old auntAt the hospital, Montano posed as Chagas' niece and told medical personnel that he did not wish to be resuscitated, according to testimony. Chagas' family members were only notified of his hospitalization after his death, they testified.Montano's attorney, Shannon Sebeckis, argued at the preliminary hearing there was no evidence that Chagas' malnutrition was caused by her client, and instead was 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 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 that 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, 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 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.The defense attorney also said it was "pure speculation and conjecture" that Montano didn't use the seniors' funds to pay for their basic needs. 4151
SAN DIEGO (CNS) - The driver of a minivan was sought this morning for leaving the scene of a Middletown hit-and-run that left a 66-year-old bicyclist hospitalized with a life-threatening head injury, police said.The victim was riding near the intersection of India and West Washington streets at 1:30 p.m. Friday when he was struck by a blue or gray 2005 Dodge Caravan, Georgia license number RRJ7004. The vehicle may have a shattered windshield or front-end damage, according to San Diego police.Following the collision, the driver of the minivan fled, possibly back toward Interstate 5, police said. SDPD later released witness video of the incident, showing a driver and two passengers.The name of the victim was not disclosed. 738

SAN DIEGO (CNS) - The San Diego City Council is slated to vote next week on its intent to forward an initiative to the November ballot that would create an independent commission on police practices, which is available for review by the general public Thursday.The proposed Commission on Police Practices would review all deaths stemming from interactions with San Diego police, as well as all police shootings.Investigations into these matters would be conducted whether or not a complaint has been made against a particular officer or the department as a whole. Commission staff or contractors operating independently of the police department would conduct the investigations.(Read the proposed initiative text here)The commission may — but would not be required to — investigate complaints against officers not involving deaths or officer-related shootings, according to the proposed measure's language. The proposed body would have subpoena power to call witnesses or request records related to its investigations.The latest version of the proposed initiative, released Wednesday night, includes the addition of an appeals process for any officer the commission finds committed sustained incidences of misconduct. Appeals would be handled by the city's Civil Service Commission.RELATED: San Diego looks to Baltimore Police for de-escalation policy reformsOther incidents the commission could consider investigating include use of force by officers resulting in great bodily injury, "dishonesty" by an SDPD officer relating to "the reporting, investigation or prosecution of a crime," incidents that have "generated substantial public interest or concern," patterns of misconduct by officers or patterns of "inappropriate policies, procedures or practices by the police department or its members."The commission could also make recommendations to the police department on disciplinary decisions for officers, though the chief of police "retains authority and discretion to discipline subordinate employees in the police department."RELATED: Push for new independent commission on police practices in San DiegoThe parameters of the commission, including the number of members, term length, qualifications and method for appointing members, will be determined by the city council. Additionally, the body would replace the city's Community Review Board on Police Practices, which the lacks the investigatory powers of the proposed commission."I am looking forward to giving voters the opportunity to bring more transparency and accountability to public safety in San Diego," said City Council President Georgette Gomez. "A truly independent commission is essential to making law enforcement officers more responsive and more accountable to the people they serve. I thank my colleague, Councilmember Monica Montgomery, for her persistent leadership on this critical issue."RELATED: District Attorney talks about transparency and independent police review boardThe San Diego City Council will vote at its June 23 meeting on two actions related to forwarding the measure to the November ballot. These include a resolution ratifying an agreement between the city and the San Diego Police Officers Association to establish the commission and a resolution stating the city council is declaring its intent to submit the measure to voters.A statement from Gomez's office says further council action will be needed before the measure can be officially forwarded to the ballot. 3475
SAN DIEGO (CNS) - San Diego County health officials reported another huge jump in COVID-19 cases -- 833 -- but no additional deaths today, bringing the county's total to 65,501 cases, with the death toll remaining at 926.Monday was the sixth consecutive day that more than 600 new coronavirus cases were reported by the county. The 833 cases reported Monday are the second most the county has announced in a single day during the pandemic, following a record high of 1,087 reported Sunday and a then-record 736 Saturday.On Wednesday, a then-record 661 cases were reported in the county -- surpassing the 652 cases reported Aug. 7. Another 620 cases were reported Thursday.The San Diego County Sheriff's Department announced Monday that 55 of 70 inmates in the 1C module of the George Bailey Detention Facility had tested positive for COVID-19.``Fifteen tested negative, but are nevertheless being isolated and monitored due to their exposure,'' said sheriff's Lt. Ricardo Lopez. ``At this time the outbreak is limited to one module, but is the most significant COVID-related event to date in our jail system.''``Our population has been stable near 4,000, however, consideration will be given to conducting additional releases if necessary as we continue to monitor our population and the COVID-19 pandemic,'' he said.County Supervisor Nathan Fletcher said the increasing case numbers are coinciding with surges in hospitalizations and positivity rates.``This is a stark reminder that COVID is real, is spreading and must be taken seriously,'' Fletcher said Sunday. ``At this point, we are pleading with the public to take action to slow the spread: Wear a mask, physically distance, and limit contact with those outside of your household.''Dr. Wilma Wooten, the county's public health officer, added that in the weeks following Halloween, the record case jump is a warning sign that people ``need to follow public health guidance throughout the upcoming holiday season.''The rapid rise in cases comes as state data has landed the county in the most restrictive tier of the state's COVID-19 reopening plan. The restrictions associated with the purple tier went into effect just after midnight Saturday.Many nonessential businesses are now required to move to outdoor-only operations. These include restaurants, family entertainment centers, wineries, places of worship, movie theaters, museums, gyms, zoos, aquariums and cardrooms.The restrictions include closing amusement parks. Bars, breweries and distilleries are able to remain open as long as they are able to operate outside and with food on the same ticket as alcohol.Retail businesses and shopping centers can remain open with 25% of the building's capacity. No food courts will be permitted. Schools are able to remain open for in-person learning if they are already in session. If a district has not reopened for in-person learning, it must remain remote only. Offices are restricted to remote work.Remaining open are essential services, personal care services, barbershops, hair salons, outdoor playgrounds and recreational facilities.The county's demotion from the less-restrictive red tier is the result of two weeks of case rates that exceeded the threshold of 7 per 100,000 residents.In recent weeks, the region had an unadjusted rate well above the purple tier guidelines, but a significant effort to increase the volume of tests had allowed for an adjustment to bring it back to the red, or substantial, tier.In response to rising cases statewide, Gov. Gavin Newsom imposed more restrictive guidelines on Monday that pushed the vast majority of California counties into the restrictive purple tier.Of the total number of cases in the county, 4,212 -- or 6.4% -- have required hospitalization and 960 patients -- or 1.5% of all cases -- had to be admitted to an intensive care unit. 3856
SAN DIEGO (CNS) - The San Diego Humane Society released a series of tips to help keep pets safe this holiday season."With the bustling holiday season upon us, San Diego Humane Society reminds pet owners to consider their pets' safety when decking the halls," an SDHS release said. "Holiday decorations, seasonal plants and festive treats can sometimes be harmful for pets."Some of the tips to keep in mind this Christmas:-- Sharing holiday goodies with animals can be dangerous. Too much fatty or rich food can lead to digestive problems. Some foods, such as onions, grapes/raisins and chocolate can be toxic-- Ask guests not to share food with pets. They may mean well, but it is important to remind them of the potential dangers. Prepare sealed snack bags in advance and let guests use those treats instead of sharing from their plates-- Christmas trees can be hazardous, particularly for climbing cats, so make sure the tree is secure and preferably in a corner-- Dangling tree ornaments can seem like great toys to cats and dogs. Keep dangerous ornaments such as glass and tinsel -- which can be a choking hazard -- on high branches, out of the reach of little paws. Cords from lights should be taped down or otherwise secured to prevent pets from chewing on them-- Keep an eye on items under the tree. Don't let pets drink water from the base of a live tree as it may be stagnant and contain bacteria. Ribbons and bows can be a choking hazard and any packages filled with edible gifts are likely to be discovered-- A number of holiday season plants are toxic or can cause digestive upset to pets if nibbled or eaten, including amaryllis, Christmas cactus, Christmas rose, evergreens, holly, ivy, juniper, lilies, mistletoe and poinsettias. Be sure all plants are kept out of reach of pets-- Burning candles should be placed high, out of any pet's way. A dog's tail wag or a cat's curiosity could be devastating. Homes with fireplaces should use screens to avoid accidental burns-- Pets can get stressed with noise and activity. Give a pet a quiet, secure place with a bed and their favorite toys to escape the commotion. Put food, water and a litter box for cats in that space-- Holiday distractions may make it easier for pets to escape through open doors. Keep pets safely indoors and always make sure they're wearing current ID tags with a phone number and that their microchip information is up to date-- Pets thrive on routine and increased activity during the holiday season can upset that routine. Keep pets on their regular schedule for feeding and exercise and be sure they get plenty of love and attention-- Holiday sweaters may seem irresistible, but if a furry friend does not enjoy dressing up, let them be themselves 2743
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