RANCHO CUCAMONGA -- A manager at the historic Sycamore Inn steakhouse took the witness stand today and detailed an alleged robbery attempt and near-fatal stabbing in 2007 at the hands of a former employee.

Louis Alvarez testified in West Valley Superior Court that Travis Lee Mascarenas, a former assistant manager, ambushed him as he was closing the Rancho Cucamonga restaurant on Aug. 7, 2007, then stabbed him in the neck.

Mascarenas, 40, is standing trial on charges of attempted murder, attempted robbery and burglary, and could face a life sentence if convicted.

In an opening statement, Mascarenas' attorney defended the Colton resident's actions, telling jurors Mascarenas is not guilty because he was intoxicated during the incident and didn't know what he was doing.

Deputy District Attorney Kyung Kim told jurors that Mascarenas planned out his robbery attempt, arriving on a Tuesday night because he believed a different manager, who might not recognize him, would be working.

But because of a schedule change, Alvarez was working. And when Mascarenas realized there was a witness to his alleged robbery attempt who could identify him to police, he attacked, Kim said.

"His intent was to kill Mr. Alvarez once he was recognized," Kim told jurors.

Alvarez testified that at about 10 p.m. the night of the incident, all the restaurants patrons had left and he was working on closing.

He testified that after he shut off a light in one of the top-floor banquet rooms, he heard footsteps running toward him.

He said the area of the restaurant was nearly dark and the man's face wasn't visible when he stopped running beside Alvarez and grabbed his arm.

"I'm desperate for money," the man told Alvarez, according to Alvarez's testimony. "I'm just here to rob you."

After the man ordered Alvarez to walk to the office -- where the business' safe is located -- Alvarez said he believed he recognized the man's voice as Mascarenas'.

Mascarenas worked at the restaurant for about three months in 2007, quitting the job at the end of June, Alvarez testified.

As the robber led him toward the office, Alvarez turned on a light switch, illuminating the alleged robber's face. It was Mascarenas, Alvarez said.

Within 10 seconds of turning on the light, Alvarez said he turned his head and looked away from Mascarenas. He said he immediately felt what seemed at first to be a punch to the right side of his neck.

"I looked. I got hit," Alvarez said. "It was that fast."

He realized he had been stabbed when he saw a bloody knife in Mascarenas' hand, Alvarez testified.

The two men struggled over the knife, it fell out of Mascarenas' hand, and Alvarez that he kicked it away, he testified.

Mascarenas bent down to pick up the weapon, giving Alvarez an opportunity to break free from his grip and escape to the kitchen area, where there were other workers.

Mascarenas' attorney, Mary Bernal-Flores, told jurors that Mascarenas was under the influence of "a substance."

His erratic behavior during the incident was caused by his intoxication, Bernal-Flores said.

When Mascarenas was arrested at his home, he was so drunk "that at one point (officers) lifted him up and dragged him to the jail," Bernal-Flores said.

"Mr. Mascarenas did not know what he was doing on that day," the attorney said. "... He is not guilty."

INDIO -- A San Bernardino County sheriff's deputy pleaded not guilty today to charges that he illegally possessed a gun last month in a courtroom here.

Richard Heverly, 43, is charged with a felony for allegedly coming to court in full uniform, with his service weapon, on his trial date for a different criminal case.

In the other case, Heverly, of La Verne, is charged with four felonies for allegedly holding a gun to a man's head and threatening to kill him while off duty.

The law allows law enforcement officers to bring their service weapons to court, but the practice is illegal if an officer is appearing for his own criminal case, according to Riverside County prosecutors.

CHINO -- A man convicted of stabbing two housemates in a drunken rage was sentenced to 270 days in jail today in Chino Superior Court.

Edward Arthur Roman, 25, was accused of attacking two housemates in November when they intervened as he attacked his girlfriend because he was angry that he misplaced his cell phone.

Roman and one of his housemates were hospitalized following the incident in the 12400 block of Northpark Avenue.

Roman pleaded guilty to two counts of felony assault last month as part of a plea bargain with prosecutors.

RANCHO CUCAMONGA -- A jury is expected to hear opening statements from attorneys Tuesday morning in the case of a former employee of the Sycamore Inn accused of stabbing his former boss in a robbery attempt, a prosecutor said today.

Prosecutors accuse Travis Lee Mascarenas, 40, of sneaking into the historic Rancho Cucamonga steakhouse at about closing time on Aug. 7, 2007, then ambushing and demanding money from a part owner of the business.

Mascarenas, of Colton, allegedly stabbed his former boss in the neck with a knife during the robbery attempt. He quit his job at the restaurant about a month before the incident.

Deputy District Attorney Kyung Kim said a jury was seated in the case this afternoon in West Valley Superior Court.

After opening statements, in which attorneys typically give an overview of a case, Kim said he expects to call the alleged victim to testify, as well as other Sycamore Inn employees.

RIVERSIDE -- A man convicted of torturing and killing cats in Rancho Cucamonga faces new criminal charges for allegedly killing cats in April 2008 at a Corona motel.

Riverside County prosecutors filed three counts of felony animal cruelty Friday against Timothy Kooyman, 25, who is currently serving a five-year prison term for abusing cats in Rancho Cucamonga.

After Kooyman was arrested for abusing cats in Rancho Cucamonga -- acts which included cutting off cats' tails with scissors and setting one cat on fire -- he confessed to detectives that he had recently committed similar acts at the National Inn in Corona, according to police reports.

Investigators believe he may have lured cats from a nearby neighborhood before abusing them in his motel room.

Kooyman told detectives he broke the cats' legs, decapitated a cat with an ax, ran over another with his truck, and cut another repeatedly with a razor blade, according to police reports.

About a month and a half after the alleged abuse in Corona, Kooyman was arrested in Rancho Cucamonga for killing cats there.

San Bernardino County prosecutors initially charged Kooyman for the alleged abuse in Corona as well as his acts in Rancho Cucamogna, but a judge dismissed the Corona charges because the alleged crimes occurred in a different county.

Kooyman pleaded guilty to abusing animals in Rancho Cucamonga and was sentenced to five years in prison, a sentence which he is currently serving.

RANCHO CUCAMONGA -- A trial scheduled to begin today for an Upland elementary school teacher accused of molesting his students has been postponed.

James Andrew Megaw's trial was postponed because a different jury trial is under way in the Rancho Cucamonga courtroom where his case would be heard, said Deputy District Attorney Jason Anderson.

Megaw, the former head of Upland's teachers union, faces five felonies for alleged inappropriate sexual touching of students in his class of second- and third-graders.

Megaw is next due in West Valley Superior Court for a Feb. 19 pre-trial hearing.

RANCHO CUCAMONGA -- More than five months after a San Dimas woman died in a car crash, prosecutors have filed criminal charges against the suspected drunken driver allegedly responsible.

Jeffrey Gilbert Gonzales, 24, was charged with four felonies Jan. 27 for the Aug. 16 collision in Ontario that killed Alyssa Nicole Randles, 22.

Authorities say Gonzales, of Ontario, was intoxicated when he made a left turn in his pickup truck in front Randles' Volkswagen at Euclid and Schaefer avenues.

After the crash, Gonzales allegedly fled the scene and was arrested when police found him hiding nearby.

He was released from custody two days later because he hadn't been charged with a crime.

At the time, Ontario police said there were too many loose ends in their investigation for the case to be forwarded to the San Bernardino County District Attorney's Office for criminal prosecution.

Gonzales is scheduled to appear in West Valley Superior Court on Feb. 25 to be arraigned on the newly filed charges, which include gross vehicular manslaughter while intoxicated, hit and run resulting in death, and two felonies related to drunken driving.

CHINO HILLS -- A professional motorcycle racer's legal woes went from bad to worse last weekend after he tried to bribe San Bernardino County sheriff's deputies who arrested him on suspicion of drunken driving.

Jered Peter Thomas, a low-level Motocross racer, offered three deputies free tickets to upcoming racing events if they agreed to "let him off" or reduce his drunken-driving charge, according to a police report attached to his court file.

Rather than accept his offer, authorities added felony bribery to the list of charges filed this week against the 20-year-old Chino native.

A deputy monitoring traffic in Chino Hills at about 4:45 p.m. Sunday saw Thomas make an erratic turn in his GMC truck and hop a curb onto a front yard at Chino Hills Parkway and Rolling Ridge Drive.

Thomas backed up over some shrubs and drove away, and the deputy pulled him over, according to the police report.

The Motocross racer told a deputy he hadn't been drinking alcohol, but a breath test at the scene yielded a blood-alcohol measurement of 0.14, nearly twice the legal limit.

It wasn't until after he was arrested and taken to the Chino Hills sheriff's station that Thomas began to barter with deputies for his release.

Thomas, who now lives in Perris, first made the alleged bribe to a deputy who was processing his paperwork, according to the police report.

He told Deputy Justin Howe he had a prior DUI on his record, and his sponsorships and standing as a professional Motocross racer would be in jeopardy if he logged another drunken-driving conviction.

Thomas offered the deputy six tickets to upcoming events in San Diego and Anaheim, ensuring the deputy "prime" seats for the events, according to the police report.

When Howe turned down Thomas' offer, the racer asked to speak to the deputy's supervisor.
Howe retrieved the watch commander on his shift, Sgt. Chris Ilizaliturri, and Thomas extended the bribe to Ilizaliturri and another deputy, according to the police report.

"Thomas said he had a total of eight tickets per event which were located in the highly desired family seating area near the front," Ilizaliturri wrote in the report.

Thomas offered deputies six tickets for each event -- to be split between the three deputies -- but he said he couldn't part with the final two tickets because he had promised them to his parents, according to the police report.

The racer acknowledged that the deputies could lose their jobs if they accepted a bribe, but Thomas "assured his silence" and told deputies he had successfully bribed an officer in the past to escape a speeding ticket.

Thomas told the deputies that about nine months ago, he was pulled over in Riverside County for driving faster than than 90 mph in a 65 mph zone.

He said the officer accepted a bribe of two tickets to last year's Winter X Games. Thomas told deputies he e-mailed the tickets to the officer.

"I asked Thomas if he was fully aware of the potential legal consequences he placed us into for offering a bribe to Howe, (Deputy Ruben) Perez and I," Ilizaliturri wrote. "Thomas assured us he was fully aware of the ramifications.

"In order to assure us and minimize our concerns, Thomas said that his mother's ex-husband was a law enforcement officer."

Thomas pleaded not guilty to felony bribery and two misdemeanor drunken-driving charges when he appeared for arraignment Wednesday in Chino Superior Court.

He was released from custody Thursday after posting $25,000 bail, and is next due in court Tuesday.

POMONA -- Looking too young to shave, a 14-year-old Pomona boy made his first court appearance this afternoon for allegedly shooting and killing two teens at a local park.

Denzel Isaiah Omar is one of six suspects -- all 17 or younger -- charged as adults and potentially facing life in prison without the possibility of parole for allegedly attacking a group of gang rivals Jan. 29 at Ted Greene Park in Pomona.

Prosecutors accuse Denzel Omar of firing 13 times with a .22-caliber rifle during the incident at Orange Grove and La Verne avenues, according to Deputy District Attorney Bjorn Dodd.

"I don't know what specifically sparked it," Dodd said. "It's Bloods versus Crips."

The two people killed in the shooting were Timmy Moore, 17, and Prithesh Dunn, 15. A 16-year-old boy was shot and injured.

Rounding out the six suspects are five teens from Pomona. They include:

-- Dayveon Thomas, 17, who was arrested the day of the shooting after police found him hiding behind a home near the park.

-- Devin Adel Omar, 16, brother of Denzel Omar. The brothers were arrested by Pomona police Tuesday in Canyon Country.

-- Johnny Moore, 16, was arrested Thursday.

-- Davontay Jenkins, 16, was arrested Thursday.

-- Samuel Boyd, 16, was charged by prosecutors today but has not been arrested, said Pomona police Sgt. Marcus Perez.

All six defendants are charged with two counts of murder and one count of attempted murder.

The Omar brothers, Moore and Jenkins were all wearing orange jail scrubs during a brief arraignment hearing today in Pomona Superior Court.

None of the suspects entered a plea during the hearing, and the suspects spoke only when waiving their right to a speedy arraignment.

As soon as he was brought into the courtroom, Jenkins began mouthing words to a family member in the audience, asking where his lawyer was. All four defendants were represented by court-appointed attorneys.

The arraignment was postponed to Feb. 24, and all four suspects were ordered held without bail.

Supporters of the Omar brothers in the courtroom audience declined to comment to a reporter.

Perez called the killings senseless, and said "it doesn't take too much to ignite hostilities" between the traditionally rival gangs.

It's not uncommon for gang members to be as young as 14, Perez said, but younger gang members typically commit what Perez called "gateway crimes" such as stealing cars and vandalizing before they become violent.

Shootings are normally carried out by older gang members, usually between 16 and 25 years old, Perez said.

"They're very young in this incident," Perez said.

Perez said the investigation into the killings was initially chaotic, but detectives eventually got some good leads helping them to identify the suspects.

"Initially we had one of our gang detectives detain one of the suspects and that led to some crucial information, as well as numerous citizens calling in and furnishing additional information," Perez said.

POMONA -- Prosecutors filed criminal charges today against three additional suspects in the fatal shootings of two young men last week at a park here, bringing the total in custody to four.

The defendants, all from Pomona, include the alleged shooter -- 14-year-old Denzel Isaiah Omar -- as well as Devin Adel Omar, 16, and Johnny Moore, 16.

Moore, the fourth suspect in custody, was arrested this morning in Pomona, according to a police news release.

The suspects were allegedly members of a group involved in a confrontation with rival gang members Jan. 29 at Ted Greene Park at Orange Grove and La Verne avenues.

Denzel Omar allegedly opened fire on the rival gang with a rifle, killing Timmy Moore, 17, and Prithesh Dunn, 15. Deantae Williams, 16, was also shot.

Today's filing brings the total number of people charged in the case to four. Dayveon Derrick Thomas, 17, was found by police the day of the shooting hiding behind a home near the park.

All four suspects are charged as adults, and could face life prison sentences if convicted. They each face two counts of murder and one count of attempted murder.

The three suspects charged today are scheduled to appear for an arraignment Friday morning in Pomona Superior Court, said Deputy District Attorney Bjorn Dodd.

Thomas appeared in court Tuesday for an arraignment, but he did not enter a plea and the hearing was postponed to Feb. 24, prosecutors said.

Denzel and Devin Omar were arrested by police Tuesday at the home of a friend or family member in Canyon Country, according to a police news release.

The entry in the department's booking log for Devin Omar lists an address for a San Dimas apartment complex. It's unclear whether the address, in the 300 block of South San Dimas Canyon Road, is his or a family member's.

A man who answered the door at the apartment Wednesday declined to comment to a reporter.

"Let me give you a call some other time," the man said. "Now is not a good time."

A man told a reporter last week that he was in the park when the shooting occurred. The witness said that prior to the shooting, he saw a group of six or seven young men in the park sitting on a bench.

A second group of four young men, including one on a bicycle, entered the park, and a member of the first group approached the second group, said the witness, who declined to give his name.

The witness said he turned away from the young men, but looked back after he heard gunshots. The witness said he saw the man on the bicycle put what appeared to be a BB gun under his shirt.

Police said anyone with information on last week's shooting can contact Detective Andy Bebon or Mike Lange at 909-620-2095, or call the department's tip line at 909-620-2085.

Callers may remain anonymous, according to the police news release.

Staff Writer Jannise Johnson contributed to this report.

RANCHO CUCAMONGA -- A 30-year-old Pomona man has pleaded not guilty to charges that he shot and killed a man last week in Ontario.

Omar Jafet Ruiz is accused of shooting Vincent Mejia, 33, several times in the chest Jan. 29 in a parking lot of the Carmel at the Colony apartment complex at 2550 East Riverside Drive.

Ruiz, a reputed gang member, appeared in West Valley Superior Court on Wednesday and pleaded not guilty to murder. He remains jailed in lieu of $1.75 million bail, and is next due in court Tuesday.

According to police reports attached to Ruiz's court file, Ruiz may have shot Mejia because of death threats Mejia, of West Covina, reportedly made against Ruiz and the mother of Ruiz's child.

One of Mejia's friends told police that he witnessed the shooting when he went to the apartment complex to meet Mejia for breakfast.

After arriving at the complex at about 8 a.m., the friend told police he called and sent a text message to Mejia to let him know he arrived.

When Mejia left the complex about two minutes later and walked to his car, he was followed by Ruiz. The two began arguing face to face, the witness told police.

The witness told detectives he attempted to separate the men, but after Mejia called Ruiz a "bitch," Ruiz lifted his shirt and took out a handgun he had concealed in his waistband.

"What are you going to do with that?" Mejia told Ruiz, according to the witness.

Ruiz then shot Mejia in the chest between five and seven times, the witness told police. Mejia was pronounced dead at the scene by paramedics.

Pomona police arrested Ruiz on suspicion of murder Monday after pulling him over in the area of Garey and Franklin avenues.

Ruiz declined to comment to detectives, according to the police report.

A detective noted in the police report that there was a gold shark bottle opener on Ruiz's key chain. The shark is the symbol of Pomona's 12th Street gang, of which Ruiz is reportedly a member.

The man who prosecutors say killed a popular Manhattan Beach bartender and dumped her body on Highway 330 pleaded not guilty to murder charges Thursday morning.

Tony Lopez Perez entered the plea during an arraignment in San Bernardino Superior Court. He returns to court Mar. 2 for a pretrial hearing, and a jury trial was scheduled for Mar. 15, said Deputy District Attorney Karen Khim.

At a hearing on Jan. 28, Judge Annemarie Pace ordered Perez held over for trial on the charges. Pace heard witness testimony and ruled that sufficient evidence existed to support the charges against the defendant.

RANCHO CUCAMONGA -- A Pomona man pleaded not guilty Wednesday afternoon to murder charges filed in connection with the Jan. 29 shooting death in Ontario of Vincent Mejia II, 33, of West Covina.

Omar Jafet Ruiz, 30, is accused of shooting Mejia several times in the parking lot of an apartment complex in the 2500 block of East Riverside Drive.

Pomona police spotted Ruiz near his home Monday, and arrested him nearby at Garey and Franklin avenues.

Ruiz remains jailed in lieu of $1.75 million bail at West Valley Detention Center in Rancho Cucamogna, and he is next due Tuesday in West Valley Superior Court.

A Redondo Beach man is set to appear in Superior Court this morning to enter a formal plea on murder charges in the death of a popular Manhattan Beach bartender whose body was found off of Highway 330.

After hearing witness testimony at a Jan. 28 hearing, Judge Annemarie Pace ordered Tony Lopez Perez held over for trial on murder charges in the death of Cori Desmond. Perez, 35, is set to enter a plea on those charges this morning in San Bernardino Superior Court.

Perez is charged with one count of murder. He pleaded not guilty at an arraignment Oct. 13.

By Mike Cruz, Staff Writer
Posted: 02/03/2010 08:03:32 PM PST

A Rialto teenager stabbed his uncle dozens of times with a pair of scissors and a folding knife in September 2006 when an altercation between the pair spun out of control, authorities said.

Just 15 years old at the time, Daniel Cordero said his uncle bit him in the arm during the struggle. The uncle, Robert Eugene "Gene" Cordero, was HIV positive.

Authorities said they found no bite marks on the teen's arm, just a 2-centimeter scratch. The pair had previous run-ins, and the defense said the stabbing was in self-defense.

But jurors didn't agree with the defendant at his trial last month in Fontana Superior Court.

By Stacia Glenn
Posted: 02/03/2010 05:18:21 PM PST

A pastor with congregations in Big Bear City and Glendale has been charged with sexually abusing a 13-year-old girl and investigators say there could be other victims.

Martin Richter, 48, is charged with lewd acts with a child and two counts of attempted lewd acts with a child, according to a criminal complaint filed in San Bernardino Superior Court.

Sheriff's detectives arrested Richter Saturday at his Big Bear City home. He is being held at West Valley Detention Center in Rancho Cucamonga on $350,000 bail.

RANCHO CUCAMONGA -- A husband and wife convicted of stealing about $750,000 of inheritance money from orphans in their care were sentenced to prison today in West Valley Superior Court.

Richard Reyes, 51, was sentenced to four years, and his wife Yvonne Marie Reyes, 49, was sentenced to two years, said James Reiss, the husband's attorney.

The Rancho Cucamonga couple were also ordered to pay between $900,000 and $975,000 in restitution to the three orphans whose parents were killed in a murder-suicide in 2006, Reiss said.

The Reyeses knew the children and their parents through youth sports, and the children's father said in a suicide note that he wanted the couple to care for his children after his death.

The Reyeses were granted temporary custody of the children in September 2006.

Within 18 months they drained the inheritance accounts of the three children, who were left money from pension benefits, life insurance, and social security.

"(Authorities) determined the money was spent on a variety of things," Reiss said. "That included taking care of the kids, as well as items that could not be accounted for."

The couple are now broke and have no assets that can be sold to pay back the stolen inheritance money, so restitution will be paid "out of post-incarceration earnings," Reiss said.

The Reyeses were each credited with nearly 600 days in custody at sentencing today, Reiss said.

Because that time will be deducted from time the couple would otherwise spend in prison, Yvonne Reyes could be released in only a few months, Reiss said.

CHINO -- Sentencing for a man convicted of molesting children was postponed today because the defendant suffered serious injuries in a car accident last month, a prosecutor said.

Jeffrey Allan Bitetti, 40, was set to be sentenced to three years in prison as part of a plea bargain reached with prosecutors, but the hearing was postponed to March 23, said Deputy District Attorney Jason Anderson.

The delay is to allow Bitetti, who remains free on bail, to possibly undergo surgery before going to prison, Anderson said.

Prosecutors charged Bitetti with five felonies in 2006 for allegedly molesting three children, all under 14, in instances dating back to the the 1990s.

Two of the alleged victims were his girlfriends' children from previous relationships, and one of the alleged victims was a prior girlfriend's niece, according to authorities.

Bitetti pleaded guilty to two felonies in December.

Anderson said that Bitetti's doctor testified in Chino Superior Court today about Bitetti's medical condition and his injuries, which the prosecutor said included several internal injuries and a throat injury.

New sentencing date corrected Feb 4.

POMONA -- Police have arrested two more suspects believed to be participants in a shooting at a park here last week that left two young men dead, authorities said today.

The new arrests made Tuesday by Pomona police detectives bring the number of suspects in custody to three for Friday's shooting at Ted Greene Park at Orange Grove and La Verne avenues.

Authorities said today that Prithesh Dunn, who had been in critical condition, died Tuesday from wounds he suffered in the shooting, which authorities believe started as an argument between rival gangs.

Timmy Moore, 17, also died in the shooting, and Deantae Williams was shot and injured. The three victims are from Pomona and all are juveniles.

Among the people arrested on suspicion of murder Tuesday was a young man believed to be the shooter, as well as a young man who allegedly aided and abetted the shooter, said Deputy District Attorney Bjorn Dodd.

The two suspects are 16-year-old Devin Adel Omar and a 14-year-old boy authorities declined to name. It was unclear which person authorities believed was the shooter.

Both suspects are from Pomona, but were arrested in Santa Clarita at the home of a friend or family member, said Pomona police Sgt. Rick Baker.

The first suspect arrested in the case, 17-year-old Dayveon Derrick Thomas, was charged as an adult Tuesday with two counts of murder and one count of attempted murder. Prosecutors believe he aided and abetted the shooter in Friday's incident.

Thomas appeared in Pomona Superior Court this afternoon to be arraigned, but the hearing was postponed to Feb. 24, Dodd said.

Commissioner Wade Olson ordered Thomas, of Pomona, held without bail. The 17-year-old could face life without the possibility of parole if convicted.

Dodd said he expects to review police reports Thursday morning before deciding whether to file charges against Omar and the 14-year-old suspect. Both suspects could be charged as adults, Dodd said.

Dodd said this morning that two or three people suspected of involvement in the shooting have not been arrested yet by police.

By Stacia Glenn
Posted: 02/02/2010 04:08:58 PM PST

An employee at a Victorville hotel turned herself in today after learning that sheriff's deputies were investigating her for allegedly fraudulently obtaining $848,000 through Orbitz.com.

Ashka Patel, 26, of Apple Valley, surrendered at the Victorville courthouse about 1:30 p.m. She is being held on $300,000 bail on suspicion of theft by fraud.

Representatives from Orbitz.com, which is a popular Web site offering airfare, rental cars and hotel stays, contacted the San Bernardino County Sheriff's Department in mid-November to alert them of the fraud.

Stephen Wall, Staff Writer
Posted: 02/02/2010 05:42:44 PM PST

GRAND TERRACE - A group of residents wants the District Attorney's Office to investigate whether Councilwoman Bea Cortes violated state law by voting to spend more than $2,800 in public funds on a business with financial ties to her.

A complaint was filed last week and is under review, said Susan Mickey, spokeswoman for the District Attorney's Office.

"We're looking at it to determine whether it warrants opening an investigation," Mickey said.