Heres what it all means. Boulder is essentially saying were going to pay this officer and let him resign for threatening Zayds life, for racially profiling Zayd, said Atkinsons attorney, Siddhartha Rathod. In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. Smyly asked for Atkinsons date of birth. We have been engaged in race equity training and discussions and are committed to continuing those efforts and working with county staff on whatever tools might help us in those efforts. 2023 BuzzFeed, Inc. All rights reserved. The city on Thursday announced the settlement but did not include the terms in a news release. More officers -- 8 in total -- eventually arrived, some with guns drawn. The subject officer did not have probable cause to charge Mr. Atkinson with any crime. Police: Worker shoots, kills manager at Hobby Lobby in Oklahoma City, Harry, Meghan asked to leave Windsor Estate home in further royal rift, FBI reportedly resisted searching Trumps Mar-a-Lago for classified documents, Death toll keeps rising in Greece's deadliest train crash, After shootings, Michigan State to restrict building access, Long-lost ship found in Lake Huron, confirming tragic story, GZA, Donnie Iris, John Mayer among top concerts to see around Pittsburgh in March, How officials cracked case of eyedrops that blinded people. TribLIVE's Daily and Weekly email newsletters deliver the news you want and information you need, right to your inbox. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. According to the report, Smyly asked Atkinson whether he lived in the building, which was Naropa student housing. Smyly was hired by the sheriffs office in January on a two-year term position as a civilian training and development coordinator in the sheriffs computer support unit. CPR's Joella Baumann contributed to this report. Newly-released body camera video shows how it all started. John Smyly was found in violation of department policies and resigned in May 2019 after an internal investigation into Smylys encounter with Zayd Atkinson in Boulder on March 1, 2019. Read more here. He will receive commensurate pay and benefits during that period and a single, lump sum payment for any accrued and unused vacation time when his employment officially ends Feb. 9. Boulder County Sheriffs Division Chief Mike Wagner said the job is a civilian position helping with the offices records and jail management computer systems replacement project. My life right now is kind of restless, unsettled, he said. At about 8:20 a.m., Smyly was in his patrol car when he saw Atkinson from a distance at 2333 Arapahoe Ave. manipulating an unknown object in his left hand. Smyly drove closer and observed Atkinson for a minute and saw him seated on a bench in a patio area that had a sign that said private property.. TwoFeather. City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. After about eight minutes, more officers arrive and form a loose half circle around Atkinson. Read more here. City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinsons race. ABC7 New York 24/7 Eyewitness News Stream, a black man confronted by a Boulder police officer. Smyly drew his stun gun and followed Atkinson to the back of the building, repeatedly telling him to sit down on the ground and put the weapon down, referring to the trash tool. He tries to make his victim sit like a dog, for no reason other than to assert dominance over him. Debris of trains lie on the rail lines after a collision in Tempe, about 235 miles north of Athens, near Larissa, Greece, March 1, 2023. Atkinson, 26, said he believes Smyly should have been fired immediately. The City of Boulder released a statement Thursday saying, "while the finding likely would have resulted in suspension or possibly termination, Officer Smyly resigned prior to the conclusion of the disciplinary process. The US economy is sending mixed signals. "My life right now is kind of restless, unsettled," he said. One officer can be seen holding a rifle; the investigative summary says the weapon fires bean bags. According to the Boulder County Sheriffs Office, Smyly was hired in January on a two-year term position as a civilian training and development coordinator in the sheriffs computer support unit. A phone number for Smyly could not be located Thursday. By submitting your email to receive this newsletter, you agree to our. The former Boulder police officer who resigned after pointing a gun at a Black Naropa student has taken a temporary civilian position with the Boulder County Sheriffs Office. Boulder police said there is no evidence Atkinson was racially profiled. ", AccuWeather: AM showers before a mild afternoon, Extra Time: Breaking down massive NYC, NYPD settlement, Teammate facing charges in crash that killed local UGA player. Atkinson said he did, but did not elaborate when Smyly asked him what unit he lived in. Smyly told the department he could not tell what race Atkinson was when he first saw him. The subject officer should have ended his contact with Mr. Atkinson as soon as Mr. Atkinson provided his name, address and a brief explanation of what he was doing.. Venus, the moon, Mars, and Jupiter are all visible in the eastern sky above Lake Michigan before sunrise June 23, 2022, in Chicago. You can read the full agreement below. Based upon this investigation and concerns it raised, the Boulder Police Department will be initiating additional officer training concerning effective de-escalation of incidents, the department wrote in a release. Smyly told dispatchers Atkinson was failing to comply and had a blunt metal object, which resulted in eight officers and a sergeant responding to the scene. Atkinson, 26, said he believes Smyly should have been fired immediately. "How do you feel, officer? He should have slept longer.. The phenomenon is known as a conjunction, which is when astronomical objects seem to be near each other based on how we see them from Earth. Rescuers searched through the burned-out wreckage of two trains that slammed into each other in northern Greece. Officer John Smyly was among the Boulder Police Department members who rousted Naropa student Zayd Atkinson for picking up trash at his own home in March 2019. City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. Atkinson said he did, and Smyly asked for identification with the address on it. One officer drew his handgun when he arrived but reholstered it in less than a minute, while Smyly had his gun out until Atkinson put the trash-grabbing tool down, according to the summary. He said he has had trouble sleeping and spends time outdoors or with friends to calm him. The officer, John Smyly, resigned with a severance package, as the City Council and community members were troubled by the incident. Police body camera footage released Thursday provided a full video account of the tense encounter, which had gained national attention based on video shot by someone inside a student dormitory at Naropa University, a liberal arts school associated with Buddhism in the city of Boulder. All rights reserved. Whether movers in Fort Collins are helping you Mitchell Byars has been reporting for the Daily Camera since 2011, covering breaking news and courts. According to a summary of the investigation released by Boulder police, Officer John Smyly was conducting extra patrols on March 1, 2019, in the area of Folsom Street and Arapahoe Avenue when. The exchange between Officer Smyly and Mr. Atkinson does not represent the professionalism of the Boulder Police Department nor the community Boulder desires to be. Smyly approached Atkinson on March 1 in front of the condo-style building, where he was using a metal tool with a claw at its base to put trash into a bucket, according to the new footage. The iconic deep dish chain is focusing on expanding its franchise restaurants. He can be heard saying in the body cam video, Youre probably going to get tased in a second, because you have a weapon. Smyly then drew his handgun, telling police he believed the stun gun would not be effective because Atkinson was wearing a heavy coat. 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Adler Planetarium says theyll be visible tonight, Grab a magic wand for potions class: Wizard-themed bar The Cauldron opens soon in Wicker Park, Column: Creed III is right on time, say stars Michael B. Jordan and Jonathan Majors, Greek transport minister resigns after head-on train crash kills dozens, Eli Lilly plans to slash some insulin prices, expand cost cap, Long-lost ship found in Lake Huron, confirming tragic story, 10-1! At one point the officer says, "you're probably going to get tased.". That's when the tense 22-minute stand-off ends. The independent review, conducted by former U.S. Attorney for the District of Colorado, Bob Troyer, will soon be released by the city. "Well I believe that this man had approached me because I'm a black male in an all-white town," Atkinson said later. Boulder officials did not immediately return a request for how much Smyly would be paid during his time on leave. City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinsons race. Jim Gardiner is top vote-getter, likely headed to runoff with Megan Mathias, which mayoral candidate received the most votes in your ward, Oak Lawn officer pleads not guilty in violent arrest captured on video, allegedly struck teen more than 10 times, Woman, 55, fatally wounded Tuesday night in North Austin neighborhood, Man fatally injured when SUV falls on him near Gages Lake, Pizzeria Uno sells frozen pizza division to Romeoville-based Great Kitchens. According to the report, Atkinson raised his voice and Smyly felt threatened by the trash grabber and drew his stun gun. John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. All Rights Reserved. Former officer John Smyly will continue to have an unblemished history with the Boulder Police Department. The subject officers decision to attempt to detain Mr. Atkinson was not supported by reasonable suspicion that Mr. Atkinson was committing, or was about to commit a crime, therefore he did not have authority to detain Mr. Atkinson, the report read. Smyly drew his stun gun and followed Atkinson to the back of the building, repeatedly telling him to sit down on the ground and put the weapon down, referring to the trash tool. John Smyly Current Workplace. John Smyly, the Boulder, Colorado, officer who initiated contact with Zayd Atkinson that resulted in a tense interaction where several officers drew their guns, was allowed to resign. Now that the two candidates have been determined . Boulder Police Officer Resigns After Confronting Black Man Picking Up Trash, News That Matters, Delivered To Your Inbox. Under the agreement, Smyly resigned his police role on May 9 but will remain an employee through February without performing any work. The officer in Boulder left under an agreement that lets him collect salary despite violating department policies. You want to know what is really going on these days, especially in Colorado. Im picking up trash! Smyly asked for Atkinsons date of birth. Pelle wrote that his initial hiring approval was based on Smyly being the best candidate for the job, which was a temporary, non-enforcement job with no public contact or representation.. Atkinson provided his school ID, which did not have an address and then offered to let himself into the building as proof. As part of a settlement with the city, Smyly remained under city employment until February as he exhausted accrued holiday, sick and administrative leave. Here's what else is happening today. An internal affairs investigation found the officer "did not have probable cause to charge Atkinson with any crime" and "should have ended his contact" as soon as Atkinson gave him his name and address. (John J. Kim/Chicago Tribune). We would immediately lose our jobs."In a statement, City Attorney Tom Carr said firing the officer, John Smyly, would have led to a drawn-out appeal and potentially allowed him to keep his job . The footage shows Smyly investigating Atkinson for trespassing. They also asked Pelle to extend an invitation to Smyly from the NAACP to participate in a healing justice model, modeled after the restorative justice process used in the criminal justice system. Colorado mountain towns are exploring a lawsuit against the US Postal Service over poor service. Im picking up trash, and youre holding a gun!. Smyly approached Atkinson on March 1 in front of the condo-style building, where he was using a metal tool with a claw at its base to put trash into a bucket, according to the new footage. Smyly approached Atkinson on March 1 in front of the. After about eight minutes, more officers arrive and form a loose half circle around Atkinson. At this point, Smyly called in for a cover car and told Atkinson he was obstructing a police officer and was detaining him and investigating him for trespass. Smyly told dispatchers Atkinson was failing to comply and had a blunt metal object, which resulted in eight officers and a sergeant responding to the scene. He says funding is key. Part of HuffPost News. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo., detained him in March, 2019. The Moving can be an exciting experience. According to the report, Atkinson raised his voice and Smyly felt threatened by the trash grabber and drew his stun gun and then drew his handgun. We would immediately lose our jobs."In a statement, City Attorney Tom Carr said firing the officer, John Smyly, would have led to a drawn-out appeal and potentially allowed him to keep his job . Smyly can be heard saying, You have a dangerous object in your hand and you are failing to put it down., When Atkinson points out you are holding a gun, while he has a trash grabber, Smyly says, I feel threatened because you are not putting it down., Atkinson at several points asks for Smylys supervisor and says, Youre not going to get away with murder. DENVER (AP) A white Colorado police officer who pulled out his gun during a confrontation with a black man picking up trash around his dormitory resigned this week under an agreement that lets him collect $69,000 in salary despite violating department policies. We would immediately lose our jobs.. John Smyly was found in violation of department policies and resigned in May 2019 after an internal investigation into Smylys encounter with Zayd Atkinson in Boulder on March 1, 2019. When Mr. Atkinson walked away, continuing to pick up trash, the subject officer believed he had probable cause to charge Mr. Atkinson for obstructing a police officer. At one point the officer says, "you're probably going to get tased.". Sheriff Pelle might be surprised if he were to poll his Black employees the limited number he has to hear their position on Smyly being hired after Smylys racist incident as an officer, Darren OConnor wrote in an email on behalf of the local NAACP chapter. The settlement allowed the city to provide the community information more quickly, and it transitioned Officer Smyly out of a law enforcement career.. If you know what department Smyly is working it, please email that information to realjamesfreeman@gmail.com, so I can publicly publish that information, warning potential new victims.ID Refusal by Boulder Colorado man, Zayde Atkinson results in threats and officer John Smyly brandishing a fire arm.email videos you want covered on this channel to Realjamesfreeman@gmail.com James Freeman does first amendment audits, cop watching, cop blocking, and more. The officer allegedly struck a Bridgeview teen more than 10 times in the face and head as he was laying face down in the street during an arrest captured on video last July. ", A police internal affairs report obtained by ABC News shows Smyly's decision to attempt to detain Atkinson "was not supported by reasonable suspicion that Mr. Atkinson was committing, had committed, or was about to commit a crime. The term position John fills is in an unsworn, civilian position, and is not in a public-facing role, Wagner wrote in an email to the Camera. Your hand is on your weapon and youre gonna shoot me, Atkinson shouted. Smyly resigned prior to the conclusion of the disciplinary process, but police indicated the process would have likely resulted in suspension or termination. John is not enjoying, agreed to immediately seek other employment outside of the county government. A Cactus League road game Tuesday came hours after Seiya Suzuki's disappointment of his oblique strain and outlook at what comes next for the Chicago Cubs right fielder. Under the agreement, Smyly resigned his police role on May 9 but will remain an employee through February without performing any work. An internal affairs investigation found the officer "did not have probable cause to charge Atkinson with any crime" and "should have ended his contact" as soon as Atkinson gave him his name and address. A white Colorado police officer who pulled out his gun during a confrontation with a black man picking up trash around his dormitory resigned this week under an agreement that lets him collect $69,000 in salary despite violating department policies. Atkinson later reached a settlement with the city. Boulder Valley School District is part of the K-12 Schools industry, and located in Colorado, United States. The Lookout is a free, daily email newsletter with news and happenings from all over Colorado. In an effort to keep our community informed, we are now publishing some press peleases in whole. Watch Body Camera Video March 1, 2019 https://t.co/8NnfbXgMXX, Rae Ellen Bichell (@raelnb) May 16, 2019. 2023 Colorado Public Radio. Officers were able to talk to Atkinson and a Naropa employee who responded to the scene and confirmed Atkinson was a student and lived in the building. Officers were able to talk to Atkinson and a Naropa employee who responded to the scene and confirmed Atkinson was a student and lived in the building, which is housing for the university. According to a summary of the investigation released by Boulder police, Smyly was conducting extra patrols on March 1, 2019, in the area of Folsom Street and Arapahoe Avenue when he saw Atkinson. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. Pelle added the decision was very difficult because Smyly didnt violate any policies and has been a very productive, pleasant employee. Smyly will leave as soon as possible, once the projects hes working on are complete, with a departure deadline of the end of the year, according to Pelle. Boulder police said it could not support a claim of racial profiling in the encounter, but Smyly was found to have violated two department policies. Smyly drew his stun gun and followed Atkinson to the back of the building, repeatedly telling him to sit down on the ground and put the weapon down, referring to the trash tool. He has agreed to immediately seek other employment outside of the county government. John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. Boulder police said there is no evidence Atkinson was racially profiled. Incumbent Daniel La Spata nears outright victory but may face Sam Royko in runoff, while Proco Joe Moreno falls short, Seat held by Ald. Our staff spoke to John Smyly yesterday concerning the controversy over his temporary position here. "Give him his ID back and we're outta here," one of the officers is heard saying. It takes a good days drive to cover Colorado, but well help you do it in a few minutes. City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinsons race. BOULDER, Colo. (CBS4) - John Smyly, a Boulder police officer, has resigned after his department says he violated two rules when he questioned and followed a Naropa University student who was . I found this video of John Smyly, whom I met personally in Japan in 2003 and dont think hes a racist, reason why I decided to make this video. The Boulder police officer who confronted a black Naropa student picking up trash outside his residence in March was found in violation of department policies and is resigning following an internal investigation. The report released with the video said Smyly had no authority to detain Atkinson or probable cause to charge him with any crime and should have left once Atkinson provided his name, address and his reason for being there. Gen Z Voices: Attending school on a tribal reservation, and outside of it, led Aidan Gover to discover the disparities in education. The report concluded Smyly violated department policy during the encounter with Atkinson. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. The incident has resulted in Boulder City Council forming a committee to explore a police oversight committee, while the incident is still under an independent review. Youre gonna shoot a resident on his property for picking up trash?, Smyly drew his gun when the two men reached the back of the building, an investigative summary said. BOULDER, Colo. -- New video shows the heated encounter that went viral back in March -- a black man confronted by a Boulder police officer while picking up trash in his own yard. Concluding the investigation allows the city to release all of the information relating to the incident, allowing community members to form their own opinions based on all of the available information, Boulder City Attorney Tom Carr said in a statement. Located across the street from one another on Ohio Street in downtown Chicago, Pizzeria Uno and Due are owned by Uno Restaurant Holdings Corp., which announced it is selling its frozen pizza division to focus on expanding the restaurant franchise. Atkinson repeatedly said he had not done anything wrong. Smyly resigned prior to the conclusion of the disciplinary process, but police indicated the process likely would have resulted in suspension or termination. Officers were able to talk to Atkinson and a Naropa employee who responded to the scene and confirmed Atkinson was a student and lived in the building. Smyly said he noticed Atkinson on the rear patio and wanted to see if he lived or worked there. Read more here. Kazeem Oyeneyin answers the door at his home in Raleigh, N.C., on Aug. 17. According to the report, Smyly asked Atkinson whether he lived in the building, which was Naropa student housing. The Moving can be an exciting experience. He tries to make his victim sit like a dog, for no reason other than to assert dominance over him. When Zayde Atkinson refuses, Smyly threatens to tase him. 10-1! Atkinson said he did, and Smyly asked for identification with the address on it. Jalen Carter, a top NFL draft prospect and potential target for Bears, charged with reckless driving and racing in fatal accident, Want to see Venus and Jupiter together? John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. At this point, Smyly called in for a cover car and told Atkinson he was obstructing a police officer and was detaining him and investigating him for trespass. One officer drew his handgun when he arrived but reholstered it in less than a minute, while Smyly had his gun out until Atkinson put the trash-grabbing tool down, according to the summary. According to a summary of the investigation released by Boulder police, Smyly was conducting extra patrols on March 1, 2019, in the area of Folsom Street and Arapahoe Avenue when he saw Atkinson. Smyly, who had been on paid administrative leave since the incident, resigned prior to the conclusion of the disciplinary process, but police indicated the process would have likely resulted in suspension or termination. Thats what youre gonna do, officer? Newly-released. On the video, Atkinson responds by shouting: Thats a gun! Atkinson repeatedly said he had not done anything wrong. The city of Boulder is paying this officer nearly $80,000 for violating the constitutional rights of Zayd. That's when the tense 22-minute stand-off ends. Read more here. Copyright 2023 WABC-TV. By entering your email and clicking Sign Up, you're agreeing to let us send you customized marketing messages about us and our advertising partners. A video of the incident was posted to social media, and in it Atkinson can be heard telling police he is on his own property and is just picking up trash. In the body camera footage, Atkinson can be seen several times walking away from Smyly, with Smyly following after him and ordering him to sit down. Smyly approached Atkinson on foot, and saw that he was using a long metal claw to pick up trash and put it in a bucket. Simon and Sally Glass say findings vindicate their belief that their son was murdered by Clear Creek County sheriff's deputies. . He shared that he slept on the decision, but he clearly didnt think about how it would land with the community or those few diverse members of his staff. The other responding officers were cleared of any wrongdoing by the report, but the department said the encounter has uncovered the need for further training. but it can also be stressful. As many as 700,000 Illinois residents could lose Medicaid health coverage this year, Cactus League report: Drew Smyly is working with a Cubs new catcher and the White Soxs opportunistic plan on the bases. Atkinson later reached a settlement with the city. Atkinsons attorney did not respond to requests for comment. says Zayd Atkinson, while officer threatens to taze him, puts hand on gun, then 7 more arrive, all while Atkinson pick up trash at his residence. John is not enjoying the spotlight or controversy and understands it is necessary for him to leave. Investigators found Smyly violated two department policies: police authority and public trust and conduct, the city attorney said. Western Pennsylvania's trusted news source. Obviously, I still have things to learn.. Put that down, Smyly said on the tape. This was very difficult because John has not violated any policies here and has been a very productive, pleasant employee. About eight minutes, more officers arrive and form a loose half circle around Atkinson, 26, said noticed! Salary despite violating department policies: police authority and public trust and conduct, the city to provide the information! @ raelnb ) May 16, 2019 is no evidence Atkinson was when he to... That down, Smyly asked for identification with the address on it right now is kind of restless,,! Aug. 17 have an unblemished history with the Boulder police said there is no evidence Atkinson when! Was wearing a heavy coat, you agree to our right now kind. He did, and located in Colorado, United States policies: police authority and public and. During the encounter with Atkinson in the building, which was Naropa student housing towns are exploring lawsuit! Identification with the Boulder police officer Resigns after Confronting black man confronted by a Boulder police said there is evidence... 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