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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 attempting to kill weeds set his house on fire in San Diego Sunday, according to firefighters.The fire happened just before 11 a.m. on the 4500 block of Clairemont Avenue. The man was trying to use a hand-held propane torch to kill the weeds in a planter box in front of his property when the plants caught fire.Shortly after the plants caught fire, the flames spread to the rest of the house.Firefighters arrived quickly and were able to extinguish the flames in about five minutes.Authorities estimate there is about ,000 in damage to the house.No one was injured. 613

SAN DIEGO (KGTV) - A preliminary hearing was held Monday for a parolee accused of sexually assaulting an 88-year-old woman at a Hillcrest nursing home. Police say 49-year-old Lusean Arline was arrested November 4th in connection with the alleged October 27th sexual assault at the Balboa Nursing & Rehab Center on Fourth Ave.Prosecutors say Arline entered the nursing home, possibly through an unlocked door, around 3 that morning and was found completely nude on top of the victim in her bed. RELATED COVERAGE: Parolee charged in rape of 88-year-old woman at Hillcrest nursing home / 88-year-old woman sexually assaulted at Hillcrest nursing homeStaff heard the victim and her roommates screaming and entered the room, prompting Arline to flee the scene, the prosecutor said.Nurses testified about the night of the attack at Arline's hearing.The victim, who suffers from memory decline, suffered a fractured arm in the attack. 939

SAN DIEGO (KGTV) - A San Diego Fire-Rescue chaplain found himself in need after flames ripped through his apartment in Old Town.Father David Fucci was with a friend last Thursday night when he got a call."My neighbor calls and says, 'Your apartment is on fire'," said Father Fucci.As he raced home, a mix of feelings washed over him. For about seven years, he's served as a volunteer chaplain, consoling victims during tragedy."That night, it felt surreal. Almost like an out-of-body experience. Normally I'm the one driving to the scene, thinking about what I can say," said Father Fucci.Instead, he could only watch as flames claimed his home. "Just kept thinking, don't let it spread to any other apartments and thankfully, it didn't," said Father Fucci.Then, something remarkable happened. As word spread of whose apartment it was, some familiar faces began appearing, including five other volunteer chaplains and a battalion chief."They took the time to put a hand on my shoulders. I knew I was blessed," said Father Fucci.Father Fucci found himself the person receiving comfort. "Sometimes those that give, it's hard to receive ... the compassion, love and help. You learn to let go," said Father Fucci.In the end, the apartment was declared a total loss. Amid the ashes, Father Fucci found something that survived."I found a picture of Mom and Dad. Last picture of them. They died a year later," said Father Fucci.He also discovered something else. He calls it a blessing born from his loss: a perspective that will allow him to better help others at the next scene."Now you have a greater understanding of what they need," said Father Fucci.Father Fucci did not have renters insurance. He tells us the cause is accidental, but the exact cause hasn't been determined.A Gofundme campaign has been set up to help him with expenses. 1844

SAN DIEGO (KGTV) - A San Diego commuter is saving big by getting on a bike, but not breaking much of a sweat.It was 6 a.m. on a Tuesday morning, when 10News caught up with Jon Taddeo as he prepared to bike to work.  This ride would be powered by a little something extra, in the form of an electric motor. Taddeo bought an electric bike in October."I feel like a fast biker," said Taddeo.Pedaling more will cause the motor to kick in when he needs it.  For Taddeo, it's a big difference compared to riding a pedal bike."17 miles per hour up a hill.  Before it was four or five miles per hour, huffing and puffing," said Taddeo.That means arriving at work less tired and sweaty.  Long popular in Europe and Asia, e-biking has surged in popularity in the U.S. in the past few years.Taddeo's commute from Carmel Valley to Miramar College took about 30 minutes, only a few minutes slower than his average drive."I feel good.  Blood flowing, refreshed and ready to work," said Taddeo.He also feels pretty good about his savings.  Before, he spent about 0 a month on gas for his commute.  That's now down to pennies, basically the cost of charging the motor battery."It'll definitely go a long way. A little for food, and it'll help pay off the rest of my car," said Taddeo.The average cost of an e-bike is in the ,000 range.The City of San Diego has incentives for drivers to switch to a bicycle commute, including secure parking at bike lockers near transit stations. Get more information here. 1538