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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 San Carlos couple says they were amazed after reaching out to neighbors about gifting some holiday cheer to those in need.Twas the time before Christmas, and the Kvendru home in San Carlos bears similarities to Santa’s workshop."Not a lot of space on the counters. It's like a hoarder home," laughed Renae Kvendru.For Renae Kvendru and her husband David, the journey to this moment began eight holidays ago, when they handed out some 12 Ziploc bags filled with supplies to the homeless. Since then, their efforts have grown slowly every year.This year, they decided to appeal to their neighbors on the Nextdoor app for supplies."The response was overwhelming and extremely heartwarming. I was expecting 20 jackets, and I got hundreds," said Kvendru.Their converted garage is filled with boxes of donations, including other clothing items, gloves, shoes and umbrellas. The couple also plans to hand out COVID-prevention kits."We made COVID bags ... a couple of masks, hand sanitizer, and wipes," said Kvendru.In all, the couple has put together some 300 gift bags and stockings filled with snacks and toiletries, including some special bags for kids that come with a stuffed animal.Renae gets emotional when talking about a gift she received as a child."I grew up poor, though I was never on the streets and always had food. One year, I think it was Toys for Tots ... some big truck came by our house and gave me a big teddy bear. There are pictures of me hugging that teddy bear. Just remembered how happy that teddy bear used to make me as a kid. If you can give someone that moment, that’s pretty awesome," said Kvendru.Starting this weekend, the couple will drive through areas with homeless populations and start passing out their holiday gifts."If you can help make one person’s day a little brighter, you’ve done good ... I hope this can inspire others to do little things to help the homeless or less fortunate. We need to help another," said Kvendru. 1987

SAN DIEGO (KGTV) — A popular North Park concert venue has agreed to pay ,000 worth of fines and reimburse the City of San Diego ,000 in police investigation costs.The operators of Observatory North Park agreed to pay the penalties after City Attorney Mara Elliott filed a complaint against the venue on July 3. The complaint alleged the venue's operators were maintaining a public nuisance and operating without required permits. The city attorney's office added that the Observatory has become a source of local complaints for, "noise, violence, teenage drinking, public intoxication, public vomiting, and the accumulation of trash, debris, and human waste."“The Observatory has long dragged its heels on correcting violations that would protect the safety of its patrons and North Park community residents,” Elliott said in a release. “Its managers have agreed to begin following the law, and if they don’t, our Office will be there to hold them accountable.”The building also includes West Coast Tavern next door, which shares restrooms and bar areas with the theater.Between January 2015 and May 2019, San Diego Police received 174 calls to the venue, leading to 500 hours of overtime, the office said.The operators of the North Park venue agreed to address criminal activity and nuisance complaints and obtain all required permits. The venue's mezzanine and balcony will also remain closed until building permits and code violations are addressed. If the Observatory fails to comply with the terms of the agreement with the city, another 0,000 in fines will be issued, the office said.The lawsuit is the latest issue in the city's battle with the venue. In 2018, the venue was shut down for alcohol and safety violations. 1743
SAN DIEGO (KGTV) – A San Diego fire captain convicted of domestic violence was sentenced Wednesday.Steven Michaels received three years probation, 52 weeks of counseling and 180 days of custody which will be served in a county parole and alternative custody program, according to City News Service.Michaels, a veteran fire captain with the San Diego Fire-Rescue Department, pleaded guilty in 2017 to shoving his girlfriend against a wall and refusing to let her use a phone to call for help, CNS reported.RELATED: Veteran San Diego fire captain pleads guilty to domestic violence chargeMichaels filed a request to have the felony charge reduced to a misdemeanor, but Judge Timothy Walsh denied the request citing a history of alcohol-related incidents of domestic violence.The felony conviction will likely cause Michaels to lose his job."He's taken away his career," said Walsh," if there is a career left. Four times!"When asked if Michaels was still employed by the department, Monica Munoz, a spokesperson for San Diego Fire-Rescue, only said, “we can’t give information about personnel issues.”10News has also requested comment from a spokesperson with SDFD's personnel department. Public records website, Transparent California, shows Michaels made 3,407 in 2016.The victim, Jane Doe, initially told investigators she feared for her safety, according to prosecutors. However, at the sentencing hearing she told the court she did not wish for Michaels to be convicted.Verna Tabor with the Center for Community Solutions says it is not uncommon for victims to blame themselves. Her organization has a 24-hour tip-line for anyone who wants resources for domestic abuse.The number is (888) DV-LINKS or (888) 385-4657. 1745
SAN DIEGO (KGTV) - A new option for bike lanes along 30th Street in North Park looks like a compromise between cyclists and business owners.The new proposal, called Option A+, would build dedicated, protected bike lanes along a 2.4 mile stretch of 30th Street, stretching from Juniper to Adams Avenue. That's longer than initially planned.In return, business owners will get to keep some of their parking. That stretch has around 550 parking spots. The original plan removed all of them. The new plan leaves 100 in place, mostly in business areas rather than residential areas.RELATED: Hundreds of parking spaces in North Park could be removed for bike lanesThe plan first came up at a December meeting of the City Mobility Board.Even with the compromise, some business owners worry the loss of 450 spots will impact their customers."North Park is a destination city," says Kelsey Padigos, the owner of Subterranean Coffee. "We get customers who walk, who ride their bikes and who drive. Especially on the weekend, we get a lot of 'destination' customers."RELATED: North Park business owners push back against plan to add bike lanesPadigos says her company offers a discount to people who ride their bikes, and she wants 30th Street to become safer for cyclists. But this may hurt her bottom line."We have a location in Hillcrest, and the parking situation there is troubling," she says. "It turns customers away. I would hate for North Park to go in that direction."RELATED: North Park bike lane plan gets boost from 18 local businessesOthers have expressed concern that the loss of 450 spots will affect how many spaces are left for people with disabilities. In a statement to the Union-Tribune, City Councilman Chris Ward said, "While I think that the new plan is a compromise in the right direction, I urge the Mayor's office and staff to accommodate for ADA accessibility and continue to do outreach in the community."RELATED: Parking garage could solve debate over North Park bike lanesSome people who live in North Park feel the bike lanes should go on another, less congested street."As a general rule of thumb, I avoid 30th street," says JJ Brawley, who has lived in North Park for 45 years. "When I bike, I take one of the two parallel side streets because there's no traffic on those streets, and they're twice as wide and therefore twice as safe as taking 30th." 2382
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