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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 local World War II veteran who survived a battle with COVID-19 has died.In May, ABC 10News was there when loved ones, including daughter Lisa Hoover, welcomed home Ben Pack after a month in the ICU fighting COVID-19. He was among the oldest known survivors of the virus."It was one of the most emotional moments of my life," said Hoover.RELATED: 94-year-old El Cajon veteran who beat cancer, heart failure overcomes COVID-19At the age of 94, Pack had lived through a lifetime of survival stories. The World War II veteran survived tuberculosis, cancer, and congestive heart failure, but when he contracted COVID-19, his family prepared for the worst."There were days we thought it was over. We literally had our goodbye calls, and it was heartbreaking. What got him through this was his will to live and a fighting spirit, I guess," said Hoover.Even with that spirit, his battle with coronavirus took a toll. He lost 35 pounds and remained weak. In mid-October, while in his independent living apartment in Rancho San Diego, he fell and broke his hip. Surgery followed. He lost his appetite, grew even weaker, and on Wednesday, he passed away.RELATED: El Cajon veteran who survived COVID-19 gets socially distanced homecoming"His birthday was November 10. He was 95, and he passed away on November 11, which was Veterans Day," said Hoover.Hoover says the timing of her father's death gave her family some solace."All felt it was a monumental day for him to pass. He felt so strong about serving. He lived a long, vibrant life. We are saddened about his loss, but good about the timing of it," said Hoover.Pack will be buried at Fort Rosecrans National Cemetery. In lieu of flowers, his family is asking for donations to the Wounded Warrior Project. 1777

SAN DIEGO (KGTV) -- A man who led police on pursuit was arrested early Monday morning after spending 45 minutes on the roof of a Webster home.San Diego police officers attempted to stop a dark colored Kia shortly before 12:30 a.m. on 49th and Federal Blvd. after the driver was seen driving recklessly.The driver crashed into an embankment and pole on Marilou Road, and that's when police said the suspect jumped out and took off running.Police chased the man for several blocks, even jumping fences and running through backyards. The suspect then climb on top of a home, leaping across rooftops trying to get away, but was surrounded.The suspect sat on the rooftop on Brookline street and told officers he would not come down until they put their guns down.The suspect eventually surrendered 45 minutes later. Firefighters were called in to put a ladder up and help get him down.He's being evaluated for DUI and faces felony evading charges. 950

SAN DIEGO (KGTV) - A San Carlos woman's trip to the San Carlos library turned into nightmare after she was bitten by a dog.A large bruise and two puncture marks remain stamped on Tricia Erler's left thigh."I was in total shock," said Erler.On Tuesday afternoon, she had just finished a mind-and-body class inside the library, grabbed some magazines, and was headed into a lounge area to read."I was behind this woman's chair, and she got up abruptly and swung around in one movement ... she sort of fell into me, and I fell into the books. I felt a stabbing pain in my leg. I thought something had stabbed me from her backpack," said Erler.RELATED: Service dog or pet? Hillcrest businesses take action against the fakes Erler limped to the front desk area and pulled up her pant leg. "You're in total disbelief. You're bleeding and there are teeth marks on your leg," said Erler.Nearby, she saw what bit her: a leashed white dog, possibly an Australian Shepard, with black markings on its head. Next to the dog was the woman who had bumped into her. She was in her 20s or 30s with a stocky build. RELATED: Fake service animals attacking peopleAccording to the librarian, the woman claimed she was going to go to her car to get the dog's information. The woman walked out and never came back."I was upset and shaking. You would think you'd be totally safe in a public library," said Erler.Erler just received her second of four shots for a rabies regimen. Back at the library, an animal policy is posted on the front door: only service animals allowed. RELATED: Dog attack traumatizes Normal Heights neighbors"This proves we need better regulations. Definitely feel dogs should be checked," said Erler.Under federal law, dog owners can be asked if the animal is a service dog, but can't be asked for documentation. A city spokesperson says their policy is to ask every animal that enters a library. In this case, officials say staff did ask and the woman confirmed it was a service animal.Anyone with information on the case is asked to call the San Diego Humane Society at 619-299-7012. 2097

SAN DIEGO (KGTV) -- A mistrial has been declared in the trail of the man accused in the disappearance and murder of his stepson.Tieray Jones was charged with the murder of 2-year-old Jahi Turner. Jahi was last seen at a park near Balboa Park in April of 2002.Jones was facing several charges including 2nd degree murder and involuntary manslaughter. Two jurors found Jones guilty of murder while 10 did not while 10 jurors found Jones guilty of involuntary manslaughter and two did not.RELATED: Stepfather facing trial in Jahi Turner murder?During the trial Friday, the judge asked if jurors would be able to reach a verdict if given more time to deliberate. They responded by saying no. The District Attorney will now decide whether or not to retry Jones. Jones reported the boy missing, telling police Jahi wandered off. Jahi was in Jones’ care while the 2-year-old’s mother was on deployment.A countywide search followed with thousands of people looking for the young boy in the park and Golden Hill neighborhood.People also searched the Miramar Landfill, but Jahi was never found. Jones was arrested in North Carolina and charged in the death in April of 2016.Jones faces 25 years to life in prison.  1232

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