Fired cop gets job back after appealing numerous complaints


AURORA| An Aurora police officer has been given his job back after being fired for several disciplinary infractions — including calling a man he shot a “marshmallow head” and babysitting his grandson on the job.

In a ruling Wednesday, the city’s Civil Service Commission overturned Officer Chris Falco’s firing, finding instead that Falco should be suspended for one week without pay and undergo counseling at the city’s expense.

City Attorney Charlie Richardson and Police Chief Dan Oates said the city will appeal the ruling to the Arapahoe County District Court.

“We believe the civil service commission overstepped its authority,” Oates said.

Richardson said the commission can’t, under the city’s charter, order the city to pay for Falco’s counseling.

Falco, 42, gained notoriety for his role last year after he and another officer opened fire on a group of thieves who tried to speed away from a parking lot where they were stealing auto parts. Oleg Gidenko was killed and Yevgeni Straystar wounded.

Prosecutors cleared Falco and the other officer of criminal wrongdoing in that case, but the city settled out of court with Gidenko’s family and Straystar, saying the officers violated a department rule against firing at moving vehicles.

Falco wasn’t fired specifically for his role in the shooting, but he was disciplined for calling Straystar a “marshmallow head” to another officer while discussing the city’s settlement.

That charge was one of four that led to Falco’s firing on March 8. In another incident, a fellow officer said Falco was rude to a 17-year-old girl after a car accident; in another, police said he was rude to a prosecutor shortly before a trial; and in the fourth complaint, he babysat his grandson while working security at the Aurora Municipal Center.

Falco appealed his firing and a 240-hour suspension to the city’s civil service commission during a five-day hearing last week. The hearing was closed to the public.

The commission ruled Wednesday that Falco’s only violation was babysitting his grandson and said he should be suspended 40 hours for it.

In the other instances, the commission said not only that Falco’s punishment was too harsh, but that he didn’t do anything wrong.

When he called Straystar, a “marshmallow head,” made other derogatory comments about him, Falco was just venting to other officers, the commission said. And when he was rude to the prosecutor, it came after a lengthy shift on a night when another officer was involved in a separate shooting, the commission said.

Richardson said he plans to recommend to city council that the city appeal the commission’s ruling on Falco’s discipline and their ruling that said he did nothing wrong.

Oates said Falco has been put back on the payroll, but will placed on administrative leave for an undetermined amount of time.

“He will not be in the workplace,” Oates said.

Falco has another disciplinary hearing pending because of the March 2011 shooting, Oates said. When Oates fired Falco in the spring, the Internal Affairs investigation into the shooting was complete, but Oates had not yet made a ruling on what discipline Falco would face in that case. Now that Falco has been reinstated, that ruling will come down fairly soon, Oates said.

Falco, who joined Aurora police in 2006 after 10 years with Denver police, has been disciplined before, including once when he used a slur toward his sergeant.

His lawyer, Brian Reynolds, did not return a call for comment Thursday.

Falco’s wife, JoAnn Falco, said Thursday that her husband’s firing was the result of bad blood between him and Chief Oates.

“The chief despises my husband,” she said.

JoAnn Falco said that if the city appeals the commission’s ruling or if they hand down further discipline for the shooting, her husband will fight that, too.

Asked why her husband would want to work in a department that already tried to fire him, and for a chief she says hates him, Falco’s wife said: “He loves his job and he loves what he does. He’s not going to be pushed away by anybody.”

RELATED: PERRY: Civil Service Commission shoots feet, credibility with Officer Falco un-firing

  • lmf

    It seems to me that police officers have to follow the same rules the rest of us do. If a civilian calls someone a name, issues a slur, is rude to a supervisor, it can be grounds for getting fired. Why is it that the police seem to have a different standard. This guy obviously can’t control himself since this is his second round of discipline for similar behaviors and needs to have consequences for very inappropriate behaviors.

    • Regret Nothing

      To all haters……
      Officer Falco is still on duty he was cleared, cleared and cleared.
      Oates is the one ….gone.
      Falco fought the trash and won!
      He did control himself by fighting back.

      Ta Ta 
      2015

    • Regret Nothing

      Grow up. …. IMF, really your still a bully after all these years!

      Hello Haters…..
      Pull the transcripts of the final hearing regarding my husband and you will read what I witnessed in court under Oath; The 17 yoa girl and her mother testified under oathe that none of the Officers were disrespectful even Falco, so Someone lied and Falco knows who it was another officer. 
      The comment about the Marshmallow was stated in roll when another officer told Falco, that the guys who wanted to kill him and his partner was getting paid out before the officers were cleared which is not common prodocol, but again some moron ran to Oates like a little Snitch over hearing that comment.
      I have attended the Roll Call rooms, and I have heard way more ludicrous words & statements from police officers, so grow a pair. 
      Remember that are always two sides to a story or just pull the transcripts and read the notorious lies from corrupted police commanders or even from the police chief, who was caught in many lies. Oh, the grandson is true, how many cops have brought their children to their jobs? Falco was working at the AMC, doing police security while his case was pending. The grandson and I, left 45 minutes later, but one little Snitch just saw Falco with grandson while I went to grab us dinner at a fast food restaurant to bring back.
      Oates is gone, people!
      We are still married and living very well. Falco is still with APD, and is a Licensed General Contractor.
      ————–People leave us alone!————–

      Peace Out
      JoeAnn 2015

  • tommay

    Sullivan, Bickett, Kirby, Mangino, Falco………………………………………….

    • 2BCO34

      WHAT? ARE YOU ON THE RIGHT TOPIC OR LOST?

    • Regret Nothing

      Hello Haters…..
      Pull the transcripts of the final hearing regarding my husband and you will read what I witnessed in court under Oath; The 17 yoa girl and her mother testified under oathe that none of the Officers were disrespectful even Falco, so Someone lied and Falco knows who it was another officer. 
      The comment about the Marshmallow was stated in roll when another officer told Falco, that the guys who wanted to kill him and his partner was getting paid out before the officers were cleared which is not common prodocol, but again some moron ran to Oates like a little Snitch over hearing that comment.
      I have attended the Roll Call rooms, and I have heard way more ludicrous words or comments from police officers so grow a pair… this is not a shocker you cops, really.
      Remember that are always two sides to a story or just pull the transcripts and read the notorious lies from corrupted police commanders or even from the police chief, who was caught in many lies. Oh, the grandson is true, how many cops have brought their children to their jobs? Falco was working at the AMC, doing police security while his case was pending. The grandson and I, left 45 minutes later, but one little Snitch just saw Falco with grandson while I went to grab us dinner at a fast food restaurant to bring back. Oh, you didn’t hear that flowing around, of course not Oates didn’t want it out!
      Oates is gone, people and Falco is still with APD. He is a Licensed General Contractor and a hard working man, unlike little snitches that have no other talents, but Snitches and kiss asses to those that ask for —- false trash! Yes, those snitches are cops, the ones that laugh & joke with you. Yep, those ones like you!!!!
      ————–People leave us alone!————–

      Peace Out
      JoeAnn 2015

    • Toysrus

      And, your point is ???
      That is your opinion !

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  • NEWS4U

    IMF- YOUR A CIVILIAN AND HAVE NO CLUE, THIS IS ABOUT BAD BLOOD WITHIN THE DEPARTMENTL LIKE THOSE MOVIES YOU SEE? THE DA CLEARED HIM, THE DECTECTIVES CLEARED, AND THE CIVIL SERVICE COMMISSION CLEARED HIM, THESE ARE VERY SMART PEOPLE WHO CLEARED HIM AS A RESULT OF BEING HARASSED BY THE CHIEF, THAT’S ALL THIS IS. CIVILIAN’S WHILE IN HANDCUFFS CALL POLICE EVERY WORD IN THE BOOK AND EVEN SPIT, DO YOU SEE THE POLICE DO THIS? PROVE IT!
    THIS IS A GREAT COP IS A 17 YEAR VETERAN HE WAS NOT BORN YESTERDAY WITH A BAD ATTITUDE. I’AM SURE YOU HAVE TOLD SOMEONE SOMETHING BACK WE ARE ALL THE SAME PEOPLE, AND CONTROL IS PEOPLE LIKE YOU WRITTING THIS AND WANTING TO EDUCATE YOU DUM-DUM.

    • My Kahuna……

      To all haters……
      Officer Falco is still on duty, he was cleared, cleared and cleared.
      Oates is the one ….gone.
      Falco fought the trash, and won!

      Ta Ta 
      2015

  • Kahuna’s Sentinel

    Yea!! He got his job back and that narcissistic chief Dan Oates is gone.
    The police officers couldn’t be happier including officer falco.
    Now Oates, cannot destroy a good police agency anymore or the police staff.

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  • My Kahuna……

    Hello Haters…..
    Pull the transcripts of the final hearing regarding my husband and you will read what I witnessed in court under Oath; The 17 yoa girl and her mother testified that none of the Officers were disrespectful and the comment that was made in
    roll call after hearing, that the thug was paid out for being a career criminal. I have attended the Roll Call rooms and I have heard way more ludicrous words & statements from police officers. Remember that are always two sides to a story or just pull the transcripts and read the notorious lies from corrupted police commanders or even a police chief can be scum like Oates.
    We are still married and living very well. John is still with APD, and is a General Contractor for our Business which is booming and our life style is what most of you will never see or have in your lifetime ……
    Peace Out,
    JoeAnn

    • My Kahuna……

      To all haters……
      Officer Falco is still on duty, he was cleared, cleared and cleared.
      Oates, is the one gone!
      Falco fought the trash and won!
      Ta Ta 
      2015

  • My Kahuna……

    To all haters……
    Officer Falco is still on duty, he was cleared, cleared and cleared.
    Oates is the one ….gone.
    Falco fought the trash and won!
    Ta Ta
    2015

  • My Kahuna……

    And, for Dave Perry editing all his trash on Aurora Sentinel (Oates Buddy)….
    He used Aurora Sentinel to slander a cop and his wife, it was his Dave Perry and Chief Oates idea.
    Nice job, and your job is on the line.

    Karma
    Peace out,
    JoeAnn

  • Jo Falco Right

    This is the darkest scum bag of law enforcement!

  • Jo Falco Right

    Officer Falco……..
    The world’s greatest husband.

  • Jo Falco Right

    This is the darkest evil man in law enforcement, as Rudolph Guillani….once said about Dan Oates, “He will smile at you face to face while he is stabbing in the back”!

  • Jo Falco Right

    Regret Nothinga year ago

    Karma is like a rubber band. It can only stretch so far before it comes back and smacks you in the face, Dan Oates. The tables have now turned and your days of stepping in the outhouse and coming out smelling like a rose, are over. 
    How could the former chief of Aurora fall so far, so quickly?
    1. He no longer has the support and protection he once had in Commander Ken Murphy. It was the job of Murphy to make him look good and for years on end, that’s exactly what he did. While retired Division Chief Roger Cloyd ran around behind Oates powdering his bottom, Murphy did the real work.
    2. He no longer has a council that benefits from his nationwide publicity, garnered during the Century 16 shooting.
    3. He no longer has a police force that fears his wrath and is backed by a weak police association.
    Anyone who had the displeasure of riding in the passenger seat with Oates as the driver, or anyone who ever followed behind him, knew he was a terrible driver. (The extra throw blanket has been yanked off the bed).
    Anyone who had the displeasure of watching Oates’ spoiled rotten daughter, filled with entitlement attitude, isn’t surprised she pulled the daddy is a police chief card. (The comforter, has now been removed).
    Anyone who managed to survive an Oates tirade, only for him to be wrong once again, and never get an apology, isn’t shocked. (The sheet is now removed from the bed).
    Anyone who ever witnessed Oates bending the rules for his own benefit like splitting hairs on residing in Miami Beach, isn’t shocked at all. (You no longer have a pillow either, Dan).
    What are you left with? The bed you made, that’s what. You are now laying, uncovered, with your tidy white underwear exposed. It’s a really cold bed to sleep in, isn’t it Dan? Enjoy!
    * Look at the mess City Manager Skip Noe has created for himself. Look at the mess and loss of respect among the troops a current Deputy Chief created for himself. Now, look at the mess Dan Oates has created for himself in Miami Beach. 
    Hang in there Commander Murphy. The top in any department is supposed to be the best of the best. Turns out, you were surrounded by nothing more than Clabber Milk. I’m happy you are separated from them. You are a big drink of Vitamin D!

  • Jo Falco Right

    Dear Dan Oates,

    Karma is like a rubber band. It can only stretch so far before it comes back and smacks you in the face, Dan Oates. The tables have now turned and your days of stepping in the outhouse and coming out smelling like a rose, are over. 
    How could the former chief of Aurora fall so far, so quickly?
    1. He no longer has the support and protection he once had in Commander Ken Murphy. It was the job of Murphy to make him look good and for years on end, that’s exactly what he did. While retired Division Chief Roger Cloyd ran around behind Oates powdering his bottom, Murphy did the real work.
    2. He no longer has a council that benefits from his nationwide publicity, garnered during the Century 16 shooting.
    3. He no longer has a police force that fears his wrath and is backed by a weak police association.
    Anyone who had the displeasure of riding in the passenger seat with Oates as the driver, or anyone who ever followed behind him, knew he was a terrible driver. (The extra throw blanket has been yanked off the bed).
    Anyone who had the displeasure of watching Oates’ spoiled rotten daughter, filled with entitlement attitude, isn’t surprised she pulled the daddy is a police chief card. (The comforter, has now been removed).
    Anyone who managed to survive an Oates tirade, only for him to be wrong once again, and never get an apology, isn’t shocked. (The sheet is now removed from the bed).
    Anyone who ever witnessed Oates bending the rules for his own benefit like splitting hairs on residing in Miami Beach, isn’t shocked at all. (You no longer have a pillow either, Dan).
    What are you left with? The bed you made, that’s what. You are now laying, uncovered, with your tidy white underwear exposed. It’s a really cold bed to sleep in, isn’t it Dan? Enjoy!
    * Look at the mess City Manager Skip Noe has created for himself. Look at the mess and loss of respect among the troops a current Deputy Chief created for himself. Now, look at the mess Dan Oates has created for himself in Miami Beach. 
    Hang in there Officer Falco and Commander Murphy. The top in any department is supposed to be the best of the best. Turns out, you were surrounded by nothing more than Clabber Milk. I’m happy you are separated from them. You are a big drink of Vitamin D!

  • Jo Falco Right
  • Jo Falco Right

    Oates practice what you preach……
    You should be fired !
    QUIDNUNC: Former Chief Dan is revealing his Oates in FloridaOates has surprisingly not impressed his new QuidBadge5.16.12community after he blew through five tires, two rims and the exhaust system of his taxpayer-provided Ford Explorer city-taxpayer-funded perk-mobileBy Quidnunc,

    QUID HAS HEARD that you can take the chief out of Aurora, but you can’t take the Aurora antics out of Dan Oates.

    Seems that this city’s former top cop, who has a special place in his heart for this fine rag, has that same heartburn for new rags covering his new job inMiami Beach, Florida. According to some snarky hack at randompixels.blogspot.com, Oates has surprisingly not impressed his newcommunity after he blew through five tires, two rims and the exhaust system of his taxpayer-provided Ford Explorer city-taxpayer-funded perk-mobile. Rather than ruining the car running down rascally robbers, Oates racked up the repair bills by being unable to park the car in the city’s parking garage, according to RandomPixel’s hack. To help Oates,  “figure out the intricacies of the modern urban parking garage,” city staff placed an orange cone on a concrete divider that Oates has a fondness for driving over. But there’s more. There’s always more with Dan. Oates had to do an about face after shooting from the lip about a police department taser policy, telling cops they no longer have to be tazed to carry one. He didn’t check with anyone that mattered, however, finding out after the fact that Miami Beach, not to be confused with the real city of Miami, is being sued for over-tazing the public, and that Oates may jeopardize that lawsuit. Add in reports of a Danny-boy style meltdown over the phone to a spa that his daughter was at trying to use his credit card at, a mess over baseball caps he demanded everyone on the force wear, including people who don’t even work for the PD, but look like they might, and you’ve got the top-cop we all knew and loved to see move away from here, making life fun for those down there. You can see for yourself what the Florida hack said about Oates by clicking here.

    MIAMI POLICE HATE OATES……..