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SAN DIEGO (KGTV) — A pillar in San Diego's art community says it's being forced out of the neighborhood by high rent.La Bodega Gallery and Studios announced Tuesday it's closing its doors after six years following failed lease negotiations. The Logan Avenue gallery has leased the space at the historic Bank of Italy building since 2013 and is one of the founders of the Barrio Arts District.The gallery must now vacate the property by January 2020, gallery owners Chris Zertuche and Soni Lopez-Chavez say.RELATED:For rent: San Diego backyard shed listed for ,050 per monthCalls to change San Diego’s zoning regulationsZertuche and Lopez-Chavez say gentrification is to blame for the closing."It is unfortunate that a community art space that has created so much value for property owners in Barrio Logan can no longer afford to do business here," a release by the gallery said. "[Chris and Soni] have poured their lives into their business and the community they love and are saddened that the ugly face of gentrification pushed them out."The gallery has hosted more than 300 events in the community, the gallery says, and hosted several fundraisers for community organizations. The gallery has also won a variety of local accolades from San Diego magazines."[Chris and Soni] are not the first art space and small business to be gentrified out of Barrio Logan. They are just next," the release added. 1411

SAN DIEGO (KGTV) -- A judge ruled Wednesday that a Navy commander will face a third trial on charges he tried to rape a junior officer in her home.John Michael Neuhart II asked the judge to dismiss all charges after a second jury was unable to reach a verdict.The judge dismissed charges of assault with intent to commit rape during burglary, burglary and resisting or delaying a peace officer.RELATED: Mistrial declared for former Navy commander accused of rapeThe judge added that prosecutors can proceed with a third trial in January on charges of attempted forcible rape and assault with intent to commit rape.Neuhart now faces six years behind bars and lifetime sex offender registration if found guilty. Neuhart had previously been facing life in prison.In the two trials combined, 21 out of 24 jurors voted to convict Neuhart. The alleged victim said Neuhart sexually assaulted her after they spent time drinking and hanging out with colleagues in 2016.RELATED: Mistrial declared in trial of former Navy commanderThe woman said Neuhart took off her pants and underwear and was physically violent with her. In cell phone video recorded by the woman, she can be heard telling Neuhart to stop as he tried to get the door open. 1238

SAN DIEGO (KGTV) -- A North Park house, empty for years, has nearby neighbors frustrated about the lack of action taken to clean up the property they say has become a magnet for crime. "We have people that are squatting here, we've had illicit drug use, we've had prostitutes, we've had an increase in break ins in the area, " said Alan Nelson, who lives across the street. Nelson says even though he and others call the police, unless it's an emergency they can't always come out. He has called and emailed Councilman Chis Ward's office repeatedly about the matter but isn't happy with the response he's received. Ward's office says the property is in foreclosure and the case is being handled by the city attorney's office. They issued the following statement to 10News:"My office has been working with the San Diego police department and city code enforcement to address the illegal activity occurring at this property. Public safety is and will always remain my most pressing priority." A code compliance hearing for the property is scheduled for late April.  1106

SAN DIEGO (KGTV) – A pilot suffered minor injuries Wednesday after a small plane landed hard at Fallbrook Airpark and skidded off a runway.The incident involving a small aircraft was reported just before 9:55 a.m. at the Fallbrook Airpark on 2155 Air Park Rd., authorities said.According to a North County Fire Protection District official, the plane was in the air when it experienced mechanical problems. The pilot landed at the airport, but the plane skidded 50-70 feet off the end of the runway and came to rest in a dirt area.The plane did not catch fire, the department said.The department said the pilot, who was the only person on board, suffered minor injuries and was taken to Palomar Medical Center for treatment.ABC 10New learned the FAA will investigate the incident. 788

SAN DIEGO (KGTV) — A San Diego High School teacher said she warned her school administration about the behavior of a former teacher nearly a year before he was arrested.According to a recently filed lawsuit, Vanessa Montgomery alleged Juan Carlos Herrera engaged in a continuous course of sexually harassing conduct. The lawsuit states, "On a near-weekly basis, Herrera made comments about Ms. Montgomery's dress, looks, and body."Herrera, formerly a special needs curriculum instructor, was sentenced to 10 years in state prison earlier this month. In August, Herrera pleaded guilty to 11 felonies, including lewd acts on a child and assault. Montgomery said she first met Herrera in 2016. She was new on campus."I was basically just trying to survive and learn things along the way," Montgomery explained.Montgomery said she had her first uncomfortable encounter with Herrera just a few months on the job."I just want to let you know that the dress you're wearing and the outfit you have looks really good, and it hugs your body really well," Montgomery said Herrera told her.Last week Montgomery filed a lawsuit against Herrera and the San Diego Unified School District alleging sexual harassment and failure to prevent sexual harassment.Based on the lawsuit, "Herrera's sexually harassing comments included: Remarks that Ms. Montgomery's clothes made her 'curves look good;' remarks that Herrera would do anything for Ms. Montgomery as long as she wore 'those shorts;' and a comment and attendant gesture suggesting Ms. Montgomery needed to hold her chest when walking down stairs to stop her breast from bouncing."Montgomery shared with Team 10 Investigator Adam Racusin that she felt "very uncomfortable all the time," around Herrera.Montgomery said words eventually escalated to touching. In her lawsuit, she described an occasion where she spilled coffee on her shirt. She states Herrera took a toothpick out of his mouth and pushed on her breast where the stain was located with his toothpick."He took it out, put it back in his mouth and winked at me, smiled and walked away," she said.Montgomery said she took her concerns to her supervisor, the vice principal at the school. She said she had a face-to-face conversation and also sent an email in May 2018.According to the email obtained by 10News, Montgomery wrote, "I would like to inform you about some issues that have occurred in the last couple of years with Juan Herrera. I have decided to report sexual harassment against Herrera."The email described four incidents in three years.In the email she also detailed Herrera's interactions with female students, writing, "Herrera always has a group of young girls around him. He pulls them out of class to offer support which makes me wonder what has he said to them. He is normally in a classroom with the girls and without another teacher. I know he means well but the comments that I have shared above make it hard to trust him."That email was sent nearly a year before Herrera was arrested."He'd be working with groups of girls in classrooms alone with the door closed," Montgomery said. "I witnessed that multiple times."Prosecutors said Herrera assaulted an unnamed victim "on almost a daily basis" between February 2018 and March of this year, when the girl was 15 and 16 years old. He was arrested in May 2019. "The HR (human resources) office had no documents related to complaints that were made by Ms. Montgomery and they had no intention of investigating any of those complaints, and that was even after Mr. Herrera was arrested," Montgomery's attorney Andrew Hillier said.Hillier said when an organization becomes aware that an employee has reported sexually harassing behavior, the organization has a responsibility to investigate. He said they also have to take some sort of temporary remeasures to ensure it stops and if its warranted take permanent measures."The allegation is sexual harassment of course, but it's also a failure on the part of the district to step in once they became aware of the harassment," Hillier said.According to the lawsuit, the district did not interview Montgomery. "To Ms. Montgomery's knowledge, SDUSD did not interview anyone in relation to her complaint. SDUSD did not make Ms. Montgomery aware of any temporary or permanent remedial measures the district put in place to address Herrera's harassment," the lawsuit stated.Montgomery said the harassment continued until Herrera was arrested.A spokesperson for the school district didn't answer any of our questions about Montgomery's allegations. Instead, responded with the statement: "The district does not comment on pending litigation."10News has attempted to get in touch with Herrera to see if he has a comment about the lawsuit, he declined our request to speak with him. 4798

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