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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 On top of that, he said 98 hours of paid time off promised to him for working overtime on a big project was revoked, along with a promised promotion.“Coming from where I come from, I just felt like I did not even know what to do,” Augustino said.Feeling “degraded” and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 female sea lion Monday wandered onto the streets of Point Loma, prompting spectators to gather and springing a rescue team into action.According to a passerby, the sea lion was spotted in the middle of Garrison Street around 4 p.m.According to crews, the sea lion would’ve had to cross Rosecrans Street to get to Garrison. Rescuers from SeaWorld responded to the scene, adding that the sea lion appears health and at a normal body weight, but they’ll need to further examine her to learn more.SeaWorld also said it’s unusual for a sea lion to wander that far away from the bay, but the animals have been found on porches, inside hotels and on driveways. 683
SAN DIEGO (KGTV) - A boy found wandering in the parking lot of a Rolando church Monday was reunited with his mother.The pastor of the Fellowship of Love Divine church found the boy around 2:30 p.m. in the parking lot on Aragon Dr., near the Kroc Center.San Diego Police got a call about 30 minutes later from a mother reporting her child missing from a home about a block away."He was clean. Had on a pair of Pampers, and a pair of socks. And he stuffed had a toy car and he seemed to be really happy, you know," said Pastor James Dawson.The boy was returned to his mother at their apartment nearby. There's no word on why he was on his own. 659
SAN DIEGO (KGTV) -- A former professional skateboarder convicted of raping and murdering a woman in Carlsbad nearly three decades ago is suitable for parole, a hearing panel at Donovan Correctional Facility determined Tuesday.The Board of Parole Hearings panel determined Mark “Gator” Rogowski is not an unreasonable risk to the community, setting him up for release despite objections from the victim’s father and the San Diego County District Attorney’s Office over a crime that stunned the region in the 1990s.“We think the decision did not take into account the grave public safety concerns posed by this inmate. We think he still poses a threat, especially to women,” said Supervising Deputy District Attorney Richard Sachs. “When someone does something as horrible as this, it shocks the conscience that they would be granted parole,” he added.A world champion skateboarder in the 1980s, Rogowski was convicted of beating Jessica Bergsten with a metal rod into semi-consciousness, raping her, wrapping her in a surfboard bag, and strangling her to death in a fit of rage that spanned three or more hours. Rogowski later buried her body in the desert.Bergsten was a friend of Rogowski's ex-girlfriend. He said he took out his rage from the break-up on Bergsten, a college student and part-time model, in a case of "misplaced revenge."“The pain never goes away,” the victim’s father Stephen Bergsten told the panel. “This inmate received a life sentence, but he imposed a death sentence upon Jessica and our family.”Commissioner Brian Roberts said the panel took several factors into consideration, including Rogowski’s remorse for the crime, lack of significant criminal history, good behavior in custody, and rehabilitation programs he has completed during his 27 years in prison.Roberts said the panel also put significant weight on a new law that gives added leniency to “youthful offenders” who commit crimes before the age of 26. The law, which took effect in 2018, is based on studies showing the impulse control architecture in the brain is not fully developed in most people until about age 25.“I’m disgusted with what I did. I think about it every day,” Rogowski told the board. “I took everything from that poor family. They have every right to be angry with me. I want to make it go away but I can’t.”The Board of Parole Hearings has 120 days to finalize the decision. After that, the case will go before the governor for review.“Unfortunately, justice wasn’t served today, but the governor will have a chance to look at this case and we hope he will,” Deputy DA Sachs said.Commissioner Roberts ordered Rogowski to live temporarily in transitional housing upon release. The 53-year-old inmate said his long term plan is to live with his brother. He said he already has a job offer to do paralegal or clerical work. 2838
SAN DIEGO (KGTV and CNS) -- A San Diego County deputy facing charges that he groped 13 women was arrested again Thursday on five new charges, including forcible oral copulation.Richard Fischer, 32, is being held on million bail and is scheduled to be arraigned Friday morning in a Vista courtroom.Fischer faces more than 10 years if convicted on the new charges, according to the District Attorney. Fischer is already facing 14 years and eight months behind bars if convicted on previously filed charges.RELATED: San Diego deputy accused by multiple women of sexual assault speaks publiclyIn July, Fischer, accompanied by his attorney, spoke out for the first time about the accusations."These charges are simply untrue. I vigorously deny them," he said, with his wife and his new attorney, Manny Medrano, by his side. Fischer also said he and his wife pray every night that his good name will be cleared.RELATED: San Diego County Sheriff's Deputy facing additional sexual assault claimsA total of 19 women have filed lawsuits against Fischer in civil court, alleging that he assaulted them while on patrol. Medrano previously claimed the case boiled down to “she said, he said.” 1210