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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

SAN DIEGO (KGTV) — A proposal to create a police oversight commission in San Diego took a step forward Tuesday.The San Diego City Council voted unanimously to begin meeting with the San Diego Police Officers Association, a key legal step along the path to the November ballot.A group called Women Occupy San Diego has been pushing for years to change the city's current Community Review Board on Police Practices, which a 2018 Grand Jury report concluded lacked oversight. That Grand Jury noted the community review board does not have subpoena power and that San Diego Police personnel can sit in on what are supposed to be closed-door deliberations."It's not independent of the mayor, it does not have its own investigative powers," Attorney Genevieve Jones-Wright said at a rally outside City Hall before the Tuesday vote. "The concern from the community is that it is just a rubber stamp of what police officers have already determined in their own investigations."RELATED: Transparency Project focuses on police files regarding officer-involved shootings and misconduct allegationsThe proposed independent commission would investigate all deaths occurring while a person is in police custody, all deaths resulting from interactions with a San Diego police officer, and all officer-related shootings. It would have subpoena power and its own legal representation. "One of the things that's most disturbing about the current CRB is that it is required to have as its attorney the City Attorney. And the City Attorney is the same attorney for the police department," said Andrea St. Julian, who authored the proposal submitted to the city. The meet-and-confer with the union is expected to happen in time for the November election. Jack Schaeffer, who heads the association, welcomed the talks. "We're going to make sure that the way that they're planning on rolling this thing out isn't going to interfere in our ability to investigate a crime scene, and then how we interact and things like that," he said. "It's going to be really important to figure that out during meet-and-confer."In a statement, Police Chief David Nisleit said the department will work with civilian oversight in any manner approved by the voters. The city's independent business analyst said the commission could cost between .1 million and .3 million per year, depending on staffing. Proponents say that is in line with other cities with similar commissions. 2450

SAN DIEGO (KGTV) - A local college professor says her a electric scooter ride ended painfully after the scooter turned off in the middle of the ride.Jenny Mahoney, a professor of biology and kinesiology at Point Loma Nazarene University, was with three friends on scooters in December, headed to December Nights in Balboa Park. She says her friends were on Bird scooters, while she was on a Lime scooter with plenty of charge. The ride came to an end two minutes along Harbor Drive near the airport."I was in the bike lane and went from full speed to a dead stop," said Mahoney.She says the screen went blank as the scooter shut down. She remembers her body slamming into the handlebars and was then thrown off the scooter."A lot of pain. I wasn't able to breathe. Got the wind knocked out of me," said Mahoney.Mahoney says one of her friends crashed into her. He got up and carried her out of the bike lane. She suffered a broken bone in her hand, and a sprained wrist and ankle."You assume when you're on these scooters and following all the safety rules rules, you're going to get to your destination safely, but that didn't happen," said Mahoney.The question now: Has it happened before? Mahoney filed a claim with Lime before hiring attorney Evan Walker. Walker tells 10News he just got another call from a Seattle tourist whose wife remains hospitalized in San Diego from a similar incident with a Lime scooter."My understanding is that there have been numerous complaints of a similar nature made about these devices and that Lime is well aware of these complaints," said Walker.In late February, Lime issued a warning to riders of a technical bug that caused sudden excessive braking, usually downhill. Lime says in those cases, the scooter didn't shut off. While Mahoney doesn't know if those cases are related, she doesn't believe her incident is the only one. "I want them to take responsibilities for these injuries that are occurring ... and I want people to be aware, it's not as safe as they think it is," said Mahoney.A Lime spokesperson declined to talk about Mahoney's incident but issued the following statement: “Our entire global fleet has now been fully updated with the final firmware fix that appears to have eliminated occurrences of excessive braking, and we continue to closely monitor the issue to ensure it is categorically resolved.” 2375

SAN DIEGO (KGTV) - A new court program in San Diego Juvenile Hall will help victims of sex trafficking find their way out of forced slavery.The RISE Court (Resiliency is Strength, Empowerment) will work with as many as 40 kids who have been victims in sex trafficking, giving them help to put their lives back together."We don't view them as an object to be used and abused," says District Attorney Summer Stephan. "We see them as whole human beings who need to be free to thrive in society."Many of the kids come to the court because they commit other crimes as part of their role in the sex trade. After they go through the criminal system, they fall right back into human trafficking because they have nowhere else to go. Sometimes, it's their pimp who is waiting to pick them up outside of Juvenile Hall .The court will work to find the underlying cause that drove the kids into human trafficking in the first place, and help them break the cycle."Some of them don't recognize themselves as victims or they don't see it as a problem or they don't think it's a big deal that they're involved in certain activities because they think it's normal," says Judge Carolyn Caietti, who will oversee the courtroom.Human sex trafficking is San Diego's 2nd largest underground economy, behind drug sales. A recent study by the University of San Diego estimates it brings in 0 million per year.Meanwhile, San Diego ranks in the top 13 of cities in the nation for human sex trafficking, according to the FBI. The average age that a child enters into the sexual exploitation industry is 15. 1596

SAN DIEGO (KGTV) - A sailboat and power boat collided near the Coronado Bridge Sunday afternoon, injuring four people, according to San Diego Harbor Police.A good Samaritan drove by and noticed people floating in life jackets as their boat took on water. He picked up nine people and ferried them to Pepper Park. "It's just what you do you're a boater, it's what you're supposed to do, you help out on the water, people have helped us and we've helped other people," Kary Brownlee said.The damaged powerboat, a Bayliner, was towed back to the Pepper Park launch ramp where four passengers were evaluated for minor injuries. No one was taken to the hospital.The sailboat cruised back to Coronado on its own power."All it takes is a split second, when the captain is not paying attention that could cause a collision," boat safety advocate Amos Zolna said. He explained sail boats generally have the right of way, as they are harder to maneuver, compared to a power boat. Zolna said it's hard to navigate near the bridge, due to the large pillars that create blind spots.Harbor Police reported the 911 call at 1:28 p.m. They are investigating the cause of the crash and if any alcohol was involved. 1204