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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 man found with gunshot injuries inside a car on a Mountain View street died after being taken to the hospital, San Diego police said.At around 11:50 p.m. Monday, officers were called to the 1100 block of S. 45th Street in response to a report of shots fired.When officer arrived at the scene, they found a man unresponsive inside a vehicle. The man had “apparent trauma to his upper body,” according to police.The victim was taken to the hospital, where he died from his injuries. His name was not immediately released, but police described him as a 62-year-old Black male.The SDPD Homicide Unit is investigating the circumstances that led to the man’s death.Anyone with information on this incident is urged to call SDPD Homicide detectives at 619-531-2293 or Crime Stoppers at 888-580-8477. 822

SAN DIEGO (KGTV) — A man was stabbed to death outside a Pacific Beach 7-Eleven store late Friday after an argument with another man.The man was stabbed moments after he walked out of the convenience store at about 1 a.m. Saturday, according to San Diego Police. The victim, a 40- to 50-year-old man, got into an argument with another man outside the store before he was stabbed in the upper torso.The suspect, a black male in his 20s or 30s and dressed in a black shirt and dark jeans, fled the scene with a skateboard, police say.San Diego Fire-Rescue paramedics performed life-saving measures upon arrival but the victim was pronounced dead at a nearby hospital. They have not been identified.A portion of Mission Blvd. at Grand Ave. was closed until about 6:30 a.m. to investigate. Police have been in contact with local businesses to gather evidence and possibly surveillance video that may have captured the incident. Anyone with information is asked to call SDPD's Homicide Unit at 619-531-2293 or Crime Stoppers at 888-580-8477. 1044

SAN DIEGO (KGTV) - A new camera system along the west coast helps firefighters pinpoint wildfires faster. ALERTWildfire has officially launched the first 70 cameras in Southern California including 15 here in San Diego. There are 160 total cameras along the west coast in Washington, Oregon, Nevada and California. UCSD Geosciences Professor Neal Driscoll has worked for two years as the co-developer for ALERTWildfire. Driscoll tells 10News, "they form this network, we can triangulate and we can actually locate the fire so we can give this ignition point to the first responders". Driscoll hopes to see ten times the number of cameras installed in five years. For him, it's more than just new technology, Driscoll says it's a faster way to protect buildings and people caught in wildfires, "in the old days wed have to send out engines or aircraft". Now, fire crews will be able look at the cameras online to see how sever the flames are before calling rigs to the scene. "We can scale our response up or down from the information on the camera". ALERTWildfire is funded by utility companies including SDG&E as well as Southern California Edison. 1162

SAN DIEGO (KGTV) -- A San Diego County leader is asking the state to look into what she calls the disproportionate placement of sexually violent predators in rural East County. In a letter, Board of Supervisors Chairwoman Dianne Jacob asked Attorney General Xavier Becerra to investigate the placements. Jacob says nine out of the 12 predators, dubbed the "dirty dozen" by Jacob, released in the San Diego region have been housed in the communities of Campo, Boulevard and Jacumba Hot Springs. RELATED: Placement hearing to be held for 'bolder than most' rapist“Rural East County should not be treated as a convenient dumping ground for SVPs,” said Jacob. “In their attempt to quietly house these monsters in our county, state officials are exploiting small, rural communities that often lack the resources and clout to challenge these placements.”The letter comes as a judge gets ready to consider a state proposal to put Alan Earl James, another sexually violent predator, in Jacumba Hot Springs. James was convicted of multiple sex crime, including child molestation, kidnapping for the purpose of child molestation and unlawful sexual intercourse. Click here to read the full letter. 1196

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