by Fraser, Colorado — Two restaurant employees in a small Colorado mountain town are facing serious felony assault charges after police say they tracked down suspected dine-and-dash customers, confronted them off-site, and escalated the situation by using a chokehold and threatening them with a handgun.
The incident unfolded on February 1 in Fraser and has raised concerns about vigilante-style confrontations and the risks of handling suspected theft outside lawful boundaries.
Dispute began over alleged $100 dine-and-dash
According to the Fraser Winter Park Police Department, the situation began when a man and woman ordered approximately $100 worth of food at a local restaurant and allegedly left without paying.
The restaurant has not been publicly identified, and the two customers involved have not been named by authorities.
Instead of reporting the incident and allowing law enforcement to handle it, police say two staff members decided to follow the pair after they left the restaurant.
Staff allegedly followed customers onto bus
Police identified the suspects as Ezequiel Villa Penaloza, 50, and Juan Narvaez Castro, 23, both residents of Fraser.
Investigators say the two employees followed the customers onto a bus near Murdoch’s Ranch & Home Supply. The pursuit continued until the customers exited the bus near a Stop and Save convenience store.
Read Also: South Carolina Father of Three Killed in Tragic Sledding Crash After Winter Storm
It was there, police allege, that the confrontation turned violent.
Gun allegedly brandished, chokehold used
According to police and local reporting, Penaloza allegedly pulled out a handgun and aimed it at the male and female customers, while Castro allegedly placed the male customer in a chokehold.
Police say the confrontation involved both a firearm and physical restraint, significantly escalating what began as a suspected theft dispute
No shots were fired during the incident, and authorities have not reported life-threatening injuries.
Restaurant workers face felony charges
Both Penaloza and Castro were arrested and booked into the Grand County Jail.
They are each charged with felony second-degree assault involving strangulation, a serious offense under Colorado law.
Penaloza is also facing an additional felony menacing charge related to the alleged use of the handgun.
Felony assault-strangulation charges carry severe penalties if convicted, reflecting the potential lethality of chokeholds, police noted
Customers cited for theft, protection order violation
While the restaurant workers now face felony charges, police also cited the two customers involved in the original dispute.
According to authorities, the man and woman were issued citations for petty theft related to the unpaid bill. Police also said one of the individuals was cited for violating a protection order, though details about that order were not released.
Police stress presumption of innocence
In a statement shared on social media, the Fraser Winter Park Police Department emphasized that all parties are entitled to due process.
“All individuals are presumed innocent until proven guilty in court,” — Fraser Winter Park Police Department
The department added that community safety remains its top priority, noting that confrontations involving weapons pose a significant risk to bystanders and escalate situations that could otherwise be resolved safely.
Case highlights dangers of taking matters into one’s own hands
The incident has sparked discussion about how businesses should respond to suspected theft. Law enforcement officials consistently warn against pursuing or confronting suspects, especially off-property and with weapons.
Police stress that suspected theft should be reported, not personally enforced, as situations can quickly spiral into serious violence
No court dates have yet been announced for Penaloza or Castro, and prosecutors have not indicated whether additional charges may be filed.
As the case moves forward, it serves as a stark reminder that vigilante actions can carry consequences far more severe than the original alleged offense.
Should restaurant staff ever pursue suspected dine-and-dashers, or should all such cases be left to police? Share your thoughts in the comments below.
