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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 number of drivers who parked their cars in Little Italy this week got a nasty surprise when they tried to leave.Their cars were trapped because other people parked next to them on Beech Street."I can't figure out how the city has made such a mess of this street," said Andrea Silva, who lives downtown. The issue happened because the city restriped one side of the road from Front to Sixth Avenue as part of its downtown mobility plan. The idea is to move the parking spots away from the curbs toward the middle of the street. The area in between the cars and curb would then become a dedicated bike and scooter lane, separated by pillars. The city recently completed those lanes on J Street in the East Village.The problem on Beech Street arose because crews painted the new mid-street parking spots, but didn't add any signage, curb painting or other barriers to alert drivers not to park on the curb. That lead to people parking where they are used to, with others parking next to them in the new spots. "I'd definitely be mad," said John Shores, who was staying downtown. "I couldn't go anywhere until these people decide to move."City spokesman Anthony Santacroce said crews should have the work completed by early next week, with pillars keeping the cars from going up to the curb on Beech Street. He said workers will also put up work zone warning signs to alert drivers to not park on the side of the street. "During the short amount of time between painting of new parking spaces and the construction of the cycle tracks, cars were permitted to park in both the new spaces and the soon-to-be removed spaces along the curb," Santacroce said. "Although we understand that this could lead to some confusion, the intent was not to limit parking until the final phase of construction."The downtown mobility plan, in the first of three phases, connects the East Village to Little Italy, emphasizing alternate methods of transportation. 1967

SAN DIEGO (KGTV) - A San Diego guitarist is bringing smiles and lifting spirits at Sharp Memorial Hospital.Mark Shatz performs for patients and anyone who walks by.“I've been a volunteer for four years and I come three afternoons a week to do this,” said Shatz. “I get a lot of thumbs up, a lot of smiles.”Shatz learned how to play guitar when he was 12 years old. He performed with a few garage bands but stopped for 33 years.“Wouldn’t you know it, somebody handed me a guitar and said ‘would you play happy birthday’,” Shatz remembered.Shatz had the idea to play for patients when he was visiting his wife in the hospital.“My wife was happy, there was a friend visiting my wife that was happy, and the patient in the other bed…I couldn't believe the reaction of the patient in the other bed,” said Shatz. The woman was laughing and smiling when Shatz finished.“I’m gonna do it as long as I can,” he said. 914

SAN DIEGO (KGTV) — A new cancer screening method is promising to eliminate the need for painful biopsies and greatly reduce the cost of the procedure.It's part of a line of research known as liquid biopsy and the latest advancement is being ramped up for mass production by an entrepreneurial couple in Torrey Pines at the research firm, BioFluidica.  Among billions of blood cells, the company has developed a chip capable of finding a single abnormal cell afflicted with cancer or other diseases."It is probably the most sophisticated injection molding piece in this world," said molecular biologist Rolf Muller, as he holds up a thin, plastic chip about two inches square.First developed by researchers in North Carolina, the chip is injected with a small blood sample which can contain billions of individual cells. The blood passes through 150 tiny tunnels within the chip which are coated with antibodies. Those antibodies do their natural work of isolating the abnormal cells.Researchers can then identify them for any possible threat and treatment.The Mullers say the screenings have the potential to dramatically increase survival rates for cancer patients. And to eliminate the need for the often painful biopsies currently in use.They also envision the test becoming a normal part of standard blood screenings. The chip is currently in clinical trials. It could be available for general use within two years. 1432

SAN DIEGO (KGTV) - A missing former Navy SEAL reported missing earlier this month has been found, according to police.San Diego Police said Johnathan Steven Surmont, 45, was located in Los Angeles during the time he was reported missing.RELATED: San Diego Police searching for missing Navy SEAL veteran"A citizen" called SDPD to tell them Surmont was in Los Angeles, at which point the department's Missing Persons Unit confirmed the information."Although Surmont’s current whereabouts are not known to SDPD, he is no longer considered at-risk or a missing person," the department said in a release.Surmont was reported missing after he was last seen in August, telling his wife he was in a "rough place" in Los Angeles, according to a missing person bulletin from the SDPD. His vehicle was found four days later, on Sept. 3, in La Jolla. 866