The incident happened two months ago, but surveillance footage has just emerged and is causing outrage.
While waiting for his change, customer Jose Arreola is seen taking the candy and putting it into his pocket. That's when the off-duty cop pulled out his gun, apparently not realizing the mints had been paid for.
When confronted by the off-duty cop, Arreola told him he had paid for the candy.
The cop told him to "put it back," but he insisted he paid for it.
The cashier even told the officer that the customer paid for the candy but the cop asked the cashier if he was sure and then the officer apologized to Arreola.
Arreola, a father of four, says he was terrified that the officer was going to shoot him.
"I think I could have died that night," he told Inside Edition.
He said the cop cocked his gun and he believes he was racially profiled.
“I knew the assumption was that I had stolen it," Arreola said. "I was trying to explain to him that I had already paid for it."
While Arreola was in the Food Mart, his wife, Jackie, was in their car waiting at the gas pump. She says when he came out she knew something was wrong.
She emotionally told Inside Edition “it’s not fair” what happened to her husband.
His wife of 32 years says she is horrified to think what might have happened.
“Are you kidding?! What was he doing that made you fear for your life that made you pull a gun?” she exclaimed. “My husband could have died that night, because of a pack of Mentos."
The Buena Park Police Department in Orange County calls the video "disturbing," adding that while the officer drew his gun, he did not point it at Mr. Arreola. The department is investigating.