A Douglas County jury on Thursday found a former criminal investigator with the Colorado Department of Corrections guilty of threatening fast-food workers at a drive-thru window over increased prices.
Gary Valko, a 61-year-old Parker resident, was convicted of one count of official oppression, a misdemeanor, according to an 18th Judicial District Attorney’s Office news release.
On Sept. 10, 2017, Valko was driving his work-issued car through the drive-thru of a Jack in the Box in Parker when he got into an argument with one of the workers over a recent price increase, the DA’s office said. Valko cursed at the employees, who told him that they would call the cops if he didn’t leave.
In response, authorities said Valko told the fast food workers, “I am the police,” claiming to be with the FBI. The DOC investigator made a “punching motion” toward the employees, before driving off, the DA’s office said.
But that wasn’t the end of the encounter.
Later, two Jack in the Box employees, who had been briefed on the incident, left the restaurant. Valko followed them, flipping on his police lights, the DA’s office said.
Valko pulled up alongside the car. “What if I pulled a gun on you?” he said, according to authorities. “What if I had shot you?”
After Valko drove away, the fast food workers flagged down Parker police in the area.
“The significant authority and broad discretion with which we entrust our law enforcement officers is to be used for the enforcement of our laws and public safety, not to assuage anger or to make a point to young, hourly employees doing their jobs,” District Attorney George Brauchler said in a statement.
Jonathan Willett, Valko’s lawyer, said his client will be appealing the verdict.
“The evidence was that there were aggressive actions taken by the employees of the restaurant, and that’s what prompted any actions by Mr. Valko,” Willett said. “They said, essentially, ‘We don’t believe you’re a cop, come out and fight us.’ ”
As for the comments Valko allegedly made to the employees in the car: “He didn’t say those things,” Willett said.
The Department of Corrections fired Valko after conducting a professional standards investigation in light of the incident, Adrienne Jacobson, a DOC spokeswoman, said in an email.
Sentencing is set for April 11. Valko could face three to 12 months in jail, and a fine up to $1,000.
