VICTORVILLE, Calif. (KABC) -- A San Bernardino County sheriff's deputy was under investigation Wednesday after being accused of threatening to arrest a man who was trying to file a report at the station in Victorville.Duncan Hicks said he went to the station to file a report but during his visit, he said the deputy was rude and refused to take a proper report. He was about to leave but decided to go back inside - this time with his cellphone recording."You know what, man? I'm getting tired of you and you're about to go to jail, just so you know," the deputy is heard saying in the video.The encounter took place on Jan. 20th. Hicks said he needed to file a report involving a child custody issue he was having. Instead, he said the deputy dismissed him and told him he was having "baby mama drama.""I'll create something, you understand? You'll go to jail, you understand that?" the deputy is heard saying. "Recording me like that -- that's illegal without my knowledge. You want to go to jail for that, too?"The sheriff's department said it's investigating and there is no policy in place that prohibits recording of its employees.Hicks said the department did reach out to offer an apology and told him the deputy was having a bad day.Even so, hicks said he wants the deputy fired.