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SAN DIEGO (KGTV) - A former employee of the San Diego Metropolitan Transit System is suing the agency for retaliation after he said he stood up for a co-worker.Ivan Augustino moved to the United States from Sudan and still volunteers with projects for his native country. He started working for MTS in 2015.“It was pretty good,” Augustino said.Augustino worked as a Senior Applications Developer.“I am the main guy that deals with the complicated back end computer codes,” Augustino said.In 2017, he said he made a move that changed everything. It started with a co-worker.“One morning, she walked into my office pretty much in tears,” Augustino said.He said that a co-worker confided to him the Chief Information Officer discriminated against her when she asked about a promotion. The lawsuit filed against MTS claims the CIO told Augustino’s co-worker she was “not qualified for the job because of her age, her marriage and family planning status, and her relationship to an active duty military service member.”“The other question she also asked was, how old are you? You seem like you are at an age where you would be having kids,” Augustino said. It was a shocking conversation.“You know, that is wrong,” Augustino said.After his co-worker told him what happened, he first asked advice from another co-worker who then took it to human resources. Augustino said his co-worker did not want to bring the complaint to HR.“The last thing that anyone within the IT department wants is to take an issue to HR because once you report it to HR, there is going to be retaliation,” Augustino said.And that’s what happened, according to the former MTS employee. Initially, he was concerned how MTS investigated the complaint.“I was expecting someone to at least come and talk to me, but no one spoke to me,” Augustino said.He said retaliation began by the CIO and his direct supervisor.“The way they treated me just changed,” Augustino said.He claimed management suggested they would give him recommendations if he found another job. On another occasion, Augustino said they “mocked [his] English as a second language” in an email. On top of that, he said 98 hours of paid time off promised to him for working overtime on a big project was revoked, along with a promised promotion.“Coming from where I come from, I just felt like I did not even know what to do,” Augustino said.Feeling “degraded” and “intimidated”, he submitted a letter of resignation. However, he said he gave management an option.“If you can address this issue and the executive team and bring what I view as retaliation to a stop, I will pull my resignation,” Augustino said. Instead, he said he was fired and walked out of the building by security. His termination came a little over a month after he voiced his concerns about his female co-worker.A spokesperson for MTS told Team 10: “There is absolutely no validity to any of Mr. Augustino’s claims.”When asked if he would defend his co-worker again, Augustino said “absolutely.”Attorneys Zachary Schumacher and Daniel Goularte represent Augustino."This is absolutely a David versus Goliath situation," Schumacher said.Schumacher said fear is why people don't speak up."I like to compare it to battered wives syndrome, where you essentially have this person or in this case this entity who has this major power and balance who is doing all sorts of awful things and figuratively at least, battering its employees and yet they don't leave. They feel this sense of loyalty," Schumacher said. Team 10 was not able to get in touch with his female co-worker, but the lawsuit stated that she has since been moved to a “lonely, quiet corner of the office.” 3684

SAN DIEGO (KGTV) - A 0 million 3rd baseman doesn’t automatically turn the Padres into a World Series contender, but it does buy a lot of Opening Day excitement at Petco Park.The 2019 Major League Baseball season is underway, and for once, Padres fans have reason to hope for something better than a last place finish in the National League West.Manny Machado’s arrival at the start of Spring Training, along with his 9-figure free agent deal (a North American sports record since eclipsed by Bryce Harper and the Phillies) marked a turning point for the San Diego Padres, an end of irrelevancy and the cornerstone of a potentially bright future.RELATED: Stubhub report: Manny Machado signing a home run for Padres ticket and merchandise salesOf course, it takes 9 to play baseball, and Machado cannot carry the entire franchise by himself. Eric Hosmer is back for his second season with the Padres, hoping to put up better offensive numbers than he did last year. Wil Myers also returns, along with catcher Austin Hedges, but much of the excitement at Petco Park is being generated by the team’s rookies.Considered the top prospect in all of baseball by ESPN, 20-year old Fernando Tatis, Jr. is a potential superstar in the making, forcing his way onto the Opening Day roster thanks to his raw talent and baseball instincts.On the mound, the story is a similar one for rookie pitcher Chris Paddack, who was too good in Spring Training to leave out of the starting rotation. Fellow rookie Nick Margevicius also makes the squad, despite never pitching above A ball in the minor leagues. They’ll be joined by second-year lefties Eric Lauer and Joey Lucchesi, as well as converted reliever Matt Strahm, another left-handed who also is coming off a stellar spring in Arizona.RELATED: San Diego Padres grace Sports Illustrated cover for MLB preview issueKirby Yates returns at closer to anchor a bullpen that was considered one of the best in baseball last season, loaded with flamethrowers touching 100 mph on the radar gun. Could the Padres shock the world and make the playoffs? Most baseball experts don’t think so, predicting the team to finish somewhere around .500 for the season. Still, most are pegging the Padres as a team on the rise and one to keep a close eye on in 2019. 2290

SAN DIEGO (KGTV) - A grandmother of four had a granny flat constructed in her Point Loma backyard to help finance her retirement. Dianne Rodriguez will be retiring in the next few years after decades of working in the hospitality industry. This year, she decided to build a retirement plan. She spent ,000, construction and permits included, for a pre-built granny flat.Work started in April. The landscaping and final touches were recently completed on a 375-square-foot, one bedroom, one bath tiny home, which she plans to rent out as vacation rental on Airbnb. "Living on a fixed income won't be easy. This will supplement our income and enable us to stay in San Diego, and do some traveling," said Rodriguez.She opened it up to her first tenant this week. The cost of the granny flat will add about 0 dollars to her monthly mortgage. She hopes to take in about ,000 a month from renting it out, which translates into an extra ,700.The company that built her tiny home is Instant Guest Homes. Owner Michael Avery says interest in tiny homes has surged since the City of San Diego relaxed its granny flat fees in May. He says the fees for an average project have shrunk by about ,000."Our clients are split between people who are using them to keep the family close, for example, moving grandma into an Instant Guest Room, and people using it for extra income for their retirement," said Avery. Click here for more information. 1451

SAN DIEGO (KGTV) -- A former Yuma Police officer charged with raping a woman in San Diego is coming face to face with his accuser’s mother. Jared Elkins didn’t flinch in court Tuesday as his wife’s cousin accused him of raping her over and over in her Kensington home. The woman says she didn’t yell because the former officer threatened to kill her. After the rape, the victim said in court that she ran into her mother’s room and escaped out a window. Her mother’s 911 call played in court Tuesday. Elkins’ wife was asleep across the hall. Police body cam footage showed the accuser hysterical in the back of the police car. The woman can be heard telling the officer how afraid she was. Elkins argued that the sex was consensual and the rape charges were made out of guilt. Elkins pleaded not guilty. His attorney said he used bad judgement but the sex was consensual and the two were drinking.He’s facing nine felony counts including forcible rape and could serve 14 years in prison if convicted. Elkins resigned from the Yuma Police Department in 2017. 1066

SAN DIEGO (KGTV) - A final report from the National Transportation Safety Board points to the probable cause of a 2016 crash into the Navy Pier and dock in downtown San Diego.The Adventure Hornblower collided with the seawall sending people on shore scrambling for safety.According to the August 2017 report, the probable cause is listed as “failure of the port transmission to disengage from the forward propulsion position due to the operating company’s lack of adherence to the transmission manufacturer’s recommended periodic maintenance schedule and the lack of routine maintenance and upkeep of the propulsion system’s equipment.”It also says that the lack of instrumentation to provide a positive indication of thrust direction or an alarm to indicate the propulsion control system was not responding properly to the captain's commands."it was shocking,” said passenger Susan Pendergast. “I mean it was just shocking.”Pendergast says when the vessel hit the dock she was thrown to the ground, re-injuring an already bad back.She eventually had surgery in two different places.“It’s left me certainly not with the life I once had,” she said.Following the collision, an official with Hornblower told 10News it could be related to a possible mechanical failure.A few months later court documents pointed toward an unforeseeable and unpreventable mechanical failure despite proper maintenance, the fault was caused by the neglect of others.The NTSB report disputes that finding.When talking about the collision, the report states,  “As the Adventure Hornblower approached the pier on the accident date, the port transmission failed to respond to the captain’s helm orders. Investigators believe that the fault occurred between the servo-actuator, the mechanical linkage, and the control unit, most likely due to neglected maintenance to the port transmission and control system.”In a statement, a spokesperson for the Hornblower disputes the NTSB’s findings writing, “Hornblower Cruises & Events continues with safe, daily operations, following the allision of Adventure Hornblower back in 2016. On that day, the initial response of our captain and crew to address all immediate safety concerns and ensure the well-being of all guests aboard, was exceptional. Hornblower has noted several inaccuracies in the NTSB report on this matter, and therefore disagrees with its determinations as to the probable cause of the allision.  Due to ongoing product defect litigation, Hornblower cannot comment further at this time. Hornblower, deeply appreciates the amazing loyalty of our customers and guests over the years, and we continue to work with care and diligence, every day, to deliver on that trust.” 2739