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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 new study by the Wounded Warrior Project shows nearly 87% of injured veterans struggle with their weight once they return home.That's up from both 2015 & 2016.Programs in San Diego hope to reverse that trend, helping vets shed pounds and get their lives back."I had to be reminded that I could do it again," said Marlene Krpata.While serving as an Army Captain in Iraq in 2006, a mortar blast badly injured her leg. After three years trying to save it, she decided to have it amputated."The first couple months we’re laying in a bed and not moving at all," she said.Krpata battled PTSD and depression after the blast. She says prescription drugs also slowed her down. So did her diet. She kept eating like she was on active duty, without the active lifestyle is provides."I gained 130 pounds," said Krpata.Krpata got in touch with the Challenged Athletes Foundation, who helped her get a prosthetic leg. Then friends helped her get back into sports.Now, she plays soccer, softball, boxes and runs."I’m not a Paralympian by any sport," she said. "But I stepped on the field and I made it work. I felt a little embarrassed at first, but I’m glad I did it now because it allowed me to progress up to where I was. And it’s fun again."The Wounded Warrior Project also has a wide selection of Health and Wellness Programs. They're designed to teach injured vets about nutrition and exercise. They also help form support groups to deal with depression and anxiety over starting to work out again.In San Diego, there's also the Wounded Warrior Tennis Program. It holds free tennis clinics every Tuesday at Balboa Park for injured vets. It also runs a week-long camp once a year to help jump start veterans who may need extra help.For Krpata, it's been a life-saver. She's lost nearly 60 pounds. But more than that, she feels like herself again."I’m super confident now, enjoying my sports, enjoying myself again as a soldier and leaning down," said Krpata. 1996

SAN DIEGO (KGTV) -- A principal in La Jolla apologized after sending an email to parents she says unintentionally reinforced stereotypes.La Jolla Elementary School Principal Donna Tripi last month sent an email after two parents expressed concern over a man they believed was following a parent and her two children out of a Starbucks and across the street.In the email, Tripi described the man as “an African American male, about 30 years old, about 6’1” tall, wearing a hooded sweatshirt.” Tripi added in an apology email that she was passing along the description she was given.RELATED: La Jolla students, teachers gather to battle bullying on campus“My email was a mistake. While it is critical to keep our school family safe, the way I communicated didn't provide enough specifics to identify the individual, but could easily lead to unnecessary and harmful reactions against other members of our community.”As a result of the incident, the school is hosting a “conversation” on Monday, October 22 at 6 p.m. where parents can gather and ask questions.RELATED: La Jolla High School football is trying to put emphasis on the multi-sport athleteRead the full email below: 1191

SAN DIEGO (KGTV) - A man was hospitalized early Thursday morning after being shot near the Children's Park in downtown San Diego, police said.San Diego police said the shooting was reported at around 1 a.m. in an area near J Street and 2nd Avenue.The victim was taken to the hospital, and 10News learned he is expected to survive from his injuries.Meanwhile, officers searched a nearby tent where the suspected shooter was last seen but could not find him.A description of the suspected shooter was not immediately provided.The shooting remains under investigation. 573

SAN DIEGO (KGTV) - A Hillcrest woman says the sounds that wake her up every day also make her dread going into her own home.After retiring, Mary Alsop moved from New Jersey two years ago and bought a condo on Centre Street."I was going to read all these books I said I was going to read," said Alsop.But her retirement dream has been interrupted by a constant stream of announcements from the Hillcrest branch of the DMV, starting around 8 in the morning and ending sometime past 6 at night.  A woman's voice can be heard rattling off ticket numbers and the windows that customers should report to."It's endless, repetitive and numbing," said Alsop.In late February, several loudspeakers were installed outside the DMV building. Between her condo and the DMV office are trees, a row of condos and apartments, along with four lanes of traffic and a large median.  Yet, when 10News was in her condo, those sounds could clearly be heard in her bedroom. The joy of reading is now a chore."It intrudes on your thinking and concentration," said Alsop.Shutting the windows reduces some of the noise, but makes it stuffy inside.Alsop isn't alone.  On the app Nextdoor, neighbors have been voicing their frustration for months.  Alsop says she and others have complained in person and online.  She says a few times, the volume has been turned down, only to go back up days later."I"m tremendously stressed out.  I just want my home back," said Alsop.A DMV spokesperson emailed 10news saying they've already agreed to turn down the volume.  10news responded, informing them the neighbors still feel the noise is too loud.  We are awaiting their response.  1698