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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 San Diego family is preparing to uproot their lives and move across the country so their 2-year-old son can get a life-altering liver transplant.After Gavin was born, Kendra and Vince Giacalone waited nearly two years for answers on what was wrong with their son.Eventually, through exome sequencing, they learned Gavin had a rare genetic disorder: GM3 Synthase Deficiency. He's missing an enzyme which helps with brain development.The family read online there was no treatment or medicine for their son but they refused to give up.After connecting with specialists they are now hopeful a liver transplant from Kendra's sister will replace the enzyme Gavin is missing.The family will move to Pittsburg for several months while Gavin gets the transplant.All transplant costs are being covered by the Children's Organ Transplant Association (COTA).The family is trying to raise ,000 for COTA in Gavin's name - 100 percent of donations will go to Gavin.You can also follow Gavin's Rare Journey on Facebook.  1041

SAN DIEGO (KGTV) - A local casting director making it big in Hollywood after signing stars for a movie hitting theaters Friday.The movie, The Last Full Measure, is based on soldier William H. Pitsenbarger, Jr. who rescued more than 60 men during the Vietnam War. Casting Director Iris Hampton fell in love with the script the first time she read it, "I couldn't put it down, it was so beautiful." She was born and raised in San Diego in a military family and married a Marine Veteran, bringing the plot close to home.Hampton got into the business during a vacation to Hawaii. She said she went to the Magnum P.I. office and asked if they needed any help, "they said not right now, but why don't you come back in three months? So I came home, packed my bags and I went."Since then she's worked with big names like Chuck Norris and the Power Rangers. "I am going on my 28th and 29th season of that show," she said referring to the Power Rangers.Seven years ago she signed on to The Last Full Measure. The movie follows Pitsenbarger, Jr. during Operation Abilene in the Vietnam War. He descended from a helicopter while troops were under fire and rescued as many as he could, before he was killed.The film then follows the men who worked for decades to get Pitsenbarger, Jr. the Medal of Honor. "It ended up being 32 years they fought for him to get the medal of honor," she said."Pitts was a hero and a legend," Hampton said paratroopers idolize him.With a deep love and respect for the military, Hampton said this project is the pinnacle of her career.She signed stars like Samuel L. Jackson, Sebastian Stan, Jeremy Irvine,Christopher Plummer, Ed Harris and the late Peter Fonda for the movie."I was just so proud and I am just so proud of each and every one of them," she said she can't wait for the movie to hit theaters so San Diegans can see it. 1856

SAN DIEGO (KGTV) -- A Marine killed in a motorcycle crash on I-15 Friday has been identified as 21-year-old Logan Parkhurst.The crash happened in the southbound lanes of Interstate 15 near Miramar Way just after 6:30 a.m.According to the California Highway Patrol, Parkhurst hit the back of a Toyota while attempting to exit onto Miramar Way, causing him to be ejected. Officers say he was then struck by two vehicles.RELATED: Motorcyclist dies in crash on I-15 near Miramar WayParkhurst was taken to Sharp Memorial Hospital where he died from his injuries.Video from the scene shows drivers stopping on the side of the road to help Parkhurst before paramedics arrived.A GoFundMe has been started in Parkhurst's name to raise money for the family.  771

SAN DIEGO (KGTV) -- A person in a wheelchair was hit by a car while crossing the street on University Avenue Tuesday night.According to police, the crash happened on the 5800 block of University Avenue in El Cerrito.San Diego firefighters are on scene.10News will continue to update this developing story as soon as we receive more information.  358

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