Bad cop, no Big Mac

I have the utmost respect for police officers and the job that they do, but that job also, unfortunately, attracts some high-strung, power-tripping jerks who think that a badge and a gun give them an excuse to act like assholes. Case in point:

A Denver police officer has been charged with felony menacing for allegedly brandishing his gun at a McDonald's restaurant after getting tired of waiting for his food. Derrick Curtis [Saunders, 29] also [faces] charges of prohibited use of a weapon, reckless endangerment and disorderly conduct.

An employee at the Aurora restaurant told investigators that two Denver police officers were waiting for their food at the drive-through window May 21 when one grew impatient and pulled his gun.

He's been suspended from his law enforcement duties, the article goes on to say. That's all well and good, but why isn't he in jail for pulling a gun on innocent people?