Recht & Kornfeld Blog

A Denver Police officer has been accused of pointing a gun at a local McDonald’s worker when his and another officer’s orders were taking too long to prepare. Any use of a weapon is an extraordinarily serious offense, and one that is often punishable by time in custody. Aurora Police report the officer faces felony menacing and weapons charges.

Felony menacing is a class five felony, punishable by one to three years in the Department of Corrections. In order to be convicted, it must be proven that the officer knowingly placed the clerk in fear of imminent serious bodily injury by the use of a deadly weapon. Even if the officer did not actually have a weapon but simply stated that he did, it is enough to prove the crime.

In the past, District Attorney Carol Chambers has created conflict between her office and the Aurora Police Department for her very hard stand against police misconduct. It is possible the officer will be offered a plea agreement in exchange for waiving his right to trial. It will be the goal of the officer’s attorney to avoid a felony conviction and incarceration. Regardless, it is unlikely the officer will ever be able to work in law enforcement again if he is convicted of any offense, felony or misdemeanor. However, if convicted of the offense of misdemeanor menacing (menacing without a weapon) the law does not preclude him from remaining in his current position.