Cornell Sexual Assault Lawsuit Defendant Reportedly Loses Wells Fargo Job as 'Shop Still Open?' Texts Emerge

A chilling 'Shop still open?' Snapchat exchange has emerged as prosecutors reopen the Cornell rape probe, while Diego Sarabia, one of seven men named in a civil lawsuit over an alleged sexual assault, is reportedly out of his job at Wells Fargo.

The developments have thrown fresh attention on the October 2024 allegations at Cornell University's Chi Phi fraternity house, with a senior prosecutor in Tompkins County District Attorney Matthew Van Houten's office now preparing the case for possible presentation to a grand jury.

'Shop Still Open?' Messages Surface

CBS News New York reported obtaining video of a Chi Phi group Snapchat conversation from the night of the alleged incident.

At about 1.42am, a message allegedly referred to a woman upstairs as 'free' for sex. A group member later asked, 'Shop still open?', receiving the reply, 'Yea.' The report did not identify who sent either message.

The messages have emerged as prosecutors revisit what happened inside the fraternity house on 19 October 2024.

Jane Doe, who was 20 at the time, alleges in a civil lawsuit that she became incapacitated after being pressured to consume ketamine, marijuana and alcohol, before being sexually assaulted by multiple men.

The allegations remain contested. The seven men named in the lawsuit have not been criminally charged.

A New Look at Her 2024 Statement

The reopening of the Cornell sexual assault investigation has also brought renewed scrutiny to the original police inquiry.

Jane Doe was interviewed by Cornell police on 14 and 15 November 2024, more than three weeks after the alleged incident. CBS News New York obtained a transcript of that interview.

According to the transcript, Doe described memory gaps and distinguished between an initial sexual encounter she said she had been comfortable with and what she said happened later.

When asked about the later events, she said, 'I can say with 100% confidence I was raped', according to CBS.

The transcript also shows her reviewing a six-page written statement before signing it and saying she was 'very confident about this'. CBS said it had not seen the final six-page statement itself. Van Houten told CBS that he had not previously seen the interview transcript and would seek it from Cornell police, saying it 'changes the landscape' of his review.

Why Prosecutors Reopened the Case

Van Houten previously said Doe's November 2024 sworn statement differed substantially from the allegations in her civil complaint, including on drug use and sexual activity.

Her attorney, Thomas Giuffra, has disputed that account and criticised the handling of the original investigation. The newly reported transcript adds another layer to that disagreement.

Van Houten has now said his office will present the case to a grand jury to determine whether additional evidence warrants criminal charges. A grand jury's role is to decide whether there is sufficient basis for an indictment, not to determine guilt.

Wells Fargo Fallout

Sarabia is reportedly no longer employed by Wells Fargo, where he had worked in Charlotte, North Carolina, since 2022.

TMZ reported, citing sources with direct knowledge, that his departure was connected to the DA's decision to reopen the investigation. Wells Fargo has not publicly confirmed his employment status or explained the reason for his departure.

Sarabia is one of seven defendants named in Doe's civil lawsuit, alongside Matthew Ingalls, Johnathan Newell, Winston Lee, Gillio Lopes, Scott Norris and Scott Kretzschmar.

Defendants Deny Allegations

Kretzschmar's lawyer, Jeremy Saland, has denied that his client sexually assaulted or touched Doe.

Norris has also denied participating in sexual activity or drug use, while saying he briefly stopped in the room and had 'thoughtlessly' engaged in Snapchat.

Lopes has likewise denied the allegations through his lawyer, Andrew Miltenberg.

Cornell Under Pressure

Cornell says it conducted a separate Title IX investigation and imposed sanctions, while the Chi Phi chapter has remained barred from campus since 2024. The university has also backed the reopened criminal investigation.

New York Governor Kathy Hochul has called for an independent review of Cornell's handling of the allegations, adding another layer of scrutiny as prosecutors revisit the case.

For now, the civil lawsuit and criminal investigation are moving on separate tracks. The next major development could come when prosecutors present the evidence to the grand jury.