Postal worker pleads guilty to assault on officer

Facing up to two years at sentencing

A Durango postal worker who spit his own feces on a police officer pleaded guilty Friday to two counts of assault and one count of drunken driving.

Paul Andrew Kausalik, 62, faces anything from probation to two years in jail after signing a plea agreement with the 6th Judicial District Attorney’s Office.

Sentencing is set for 11 a.m. May 20 before District Judge David Dickinson.

Kausalik appeared Friday in court wearing a black collar shirt, blue jeans and white sneakers. He answered routine questions from Judge Dickinson with a “yes, your honor,” “no, your honor” and “guilty, your honor.”

Kausalik entered an “Alford plea,” technically not admitting guilt to some elements of the charges. His lawyer said Kausalik did not intentionally spit feces on the officer.

Through his attorney, Kausalik declined to comment outside the courtroom.

Kausalik was arrested Feb. 12 on suspicion of drunken driving in north Durango. A preliminary breath test indicated he had a blood-alcohol level of 0.142, almost three times the legal 0.05 driving limit in Colorado.

He was taken to the Durango police station to undergo a formal breath test.

Before taking the test, Kausalik asked to use the restroom. Officer Chad Langley twice found Kausalik asleep in the bathroom and told him he needed to take the test or choose a refusal, according to an arrest affidavit.

A short time later, Kausalik exited the bathroom with fecal matter on his hands and in his mouth, according to the affidavit.

Standing about 4 feet away, Kausalik looked up, took a deep breath and “violently spit” the contents at the officer, the affidavit says.

The feces struck Langley on the left side of his face and head.

Kausalik entered an Alford plea to felony assault with bodily fluids on a peace officer and misdemeanor assault. An Alford plea is treated the same as a guilty plea, but the defendant doesn’t admit every element of the offense; rather he acknowledges there is sufficient evidence for a conviction.

His Durango defense lawyer, Joel Fry, said Kausalik didn’t “intentionally” assault the officer with bodily fluids – which is an element of the offense. And he didn’t physically hurt the officer, which is an element of the misdemeanor assault charge.

Fry declined to elaborate Friday, saying his client’s position would be further explained at sentencing.

According to Kausalik’s signed plea agreement: “The defendant was transported to the Durango Police Department to take a breath test. At the police department, after using the bathroom, the defendant put feces in his mouth and spat it at Durango police officer Chad Langley.”

The felony conviction will be removed from Kausalik’s permanent record if he successfully complies with terms of his probation.

Kausalik lost his driver’s license as a result of the drunken driving charge, Fry said.

Kausalik is a 31-year veteran of the Postal Service. He is widely recognizable among Durango residents from his role as a retail associate at Durango’s main branch, 222 W. Eighth St.

He was placed on unpaid leave Feb. 23 and remained on unpaid leave as of Friday, said Al DeSarro, the service’s spokesman for Colorado.

“There will probably be some resolution to his status within a couple of weeks,” DeSarro said Friday.

shane@durangoherald.com