Investigators found Smyly violated two department policies: police authority and public trust and conduct, the city attorney said. 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. John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. Im picking up trash! Atkinson later reached a settlement with the city. He has agreed to immediately seek other employment outside of the county government. Put that down, Smyly said on the tape. We looked at this through the lens of safety and exposure. 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. 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. Read more here. 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. 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. Atkinson, 26, said he believes Smyly should have been fired immediately. "Well I believe that this man had approached me because I'm a black male in an all-white town," Atkinson said later. 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. Based upon your concerns over the hire of former Boulder Police Department Officer John Smyly in the computer support section of the sheriffs office, the hire was given another review. He did not mention the incident in his resignation letter. Thats what youre gonna do, officer? 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 the settlement agreement between Smyly and the City of Boulder his file "will document separation from employment due to resignation.". According to the report, Atkinson raised his voice and Smyly felt threatened by the trash grabber and drew his stun gun. Copyright 2023 KABC Television, LLC. At one point the officer says, "you're probably going to get tased.". ", 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 Moving can be an exciting experience. Smyly asked for Atkinsons date of birth. 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. He did not mention the incident in his resignation letter. 2023 Colorado Public Radio. You are also agreeing to our Terms of Service and Privacy Policy. One of the officers involved in the latter scenario, John Smyly, resigned from the BPD earlier this month. Boulder Valley School District. In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. In an effort to keep our community informed, we are now publishing some press peleases in whole. We would immediately lose our jobs.. The independent review, conducted by former U.S. Attorney for the District of Colorado, Bob Troyer, will soon be released by the city. "Shouldn't that be enough for you?". Read more here. John Smyly has been working as a Officer John at Boulder Valley School District for 9 years. The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. Listen now. 2023 Trib Total Media | All Rights Reserved. Ahmed Rehab, executive director of the Council of American Islamic Relations, speaks as Travis Grant, second left, acting national director of Rainbow PUSH Coalition, and family attorney Zaid Abdallah look on, as they address charges against an Oak Lawn police officer Feb. 15, 2023. When our staff interviewed the candidates for this term position, Smyly was the best qualified applicant. Atkinson said he did and gave Smyly his Naropa student ID. Stop!. City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinsons race. 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. "Well I believe that this man had approached me because I'm a black male in an all-white town," Atkinson said later. (Giannis Papanikos/AP). 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. Lance Storz, 50, was found dead of an apparent suicide Tuesday morning at the Pike County Detention Center, where he was being held on three murder charges, Floyd County Sheriff John Hunt said Tuesday. but it can also be stressful. Wagner said the office did not have any comment about Smylys history with Boulder police because the job isnt as an officer/deputy or in any way related to police officer/law enforcement duties., 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 seated on a bench in a patio area that had a sign that said private property.. It's like Live PD, except actually live, and without the \"cops can do no wrong\" bias.music in this videoLove Is Blind (Instrumental Version) - Coma Svenssonhttps://www.youtube.com/watch?v=u78BBpHcz44Wasted Education - Blue Topazhttps://www.youtube.com/watch?v=dqmKzeeDj54 Living at Kimberly Court can seem like living in the most convenient location in Boulder. "Give him his ID back and we're outta here," one of the officers is heard saying. Smyly said he noticed Atkinson on the rear patio and wanted to see if he lived or worked there. Now that the two candidates have been determined for the runoff election for Chicago mayor, more of the aldermanic races are becoming clearer. Atkinsons attorney Siddhartha Rathod said he was disappointed Smyly was not fired and instead was allowed to resign and remain on the citys payroll until 2020. Kazeem Oyeneyin answers the door at his home in Raleigh, N.C., on Aug. 17. Put that down, Smyly said on the tape. TV Q&A: Is a Pittsburgher writing for CBSs East New York? Smyly was allowed to resign, and is likely working for another department at this time. The Boulder Chapter of the NAACP, which emailed the Camera about the hire, decried Smylys hiring in a statement. 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. All Rights Reserved. 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. The footage shows Smyly investigating Atkinson for trespassing. "My life right now is kind of restless, unsettled," he . 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. When Zayde Atkinson refuses, Smyly threatens to tase him. More officers -- 8 in total -- eventually arrived, some with guns drawn. 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. 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. The footage shows Smyly investigating Atkinson for trespassing. As part of a settlement with the city, Smyly remained under city employment until February as he exhausted accrued holiday, sick and administrative leave. 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. 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. abcnews.go.com Police officer who pulled gun on black man picking up trash quits force Ex-Boulder Officer John Smyly was found in violation of department policy. That's when the tense 22-minute stand-off ends. 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. LOVELAND, Colo., Feb. 27, 2023 /PRNewswire/ -- Meyer Natural Foods, a leading provider of natural and organic proteins, announces the appointment of John Keating as the company's new Chief . ", 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. He then told Atkinson that he was obstructing a police officer, a jailable offense. Smyly later told Atkinson that he was being detained for trespassing. 2023 BuzzFeed, Inc. All rights reserved. A phone number for Smyly could not be located Thursday. When Smyly asked for an address and date of birth, Atkinson walked away and began to pick up trash again. Wake up to the day's most important news. Incumbent Daniel La Spata nears outright victory but may face Sam Royko in runoff, while Proco Joe Moreno falls short, Seat held by Ald. Whats next after moving on from Patrick Kane? 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. We failed to consider the sentiment, or trigger that it might cause for people of color. "I couldn't help but notice you sitting on the patio out there," officer John Smyly says in the video. 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. 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. Western Pennsylvania's trusted news source. Smyly, a 14-year veteran of the Boulder Police Department had no prior disciplinary action, it was. The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. 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. Venus, the moon, Mars, and Jupiter are all visible in the eastern sky above Lake Michigan before sunrise June 23, 2022, in Chicago. 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. 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? 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. The subject officer did not have probable cause to charge Mr. Atkinson with any crime. According to the report, Smyly asked Atkinson whether he lived in the building, which was Naropa student housing. 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. 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. He will leave as soon as possible, When our staff interviewed the candidates for this term position, Some understood the past controversy in his role as a, city police officer, so they brought this decision to some of our executive staff members, including, discussion. Officer down, officer down!: 911 call from scene where Chicago cop shot, left very critical on Southwest Side, Photos: Chicago cop shot, left very critical on Southwest Side, Colson Montgomery, the Chicago White Soxs top prospect, is taking it all in during major-league camp, Do Not Sell/Share My Personal Information. One officer can be seen holding a rifle; the investigative summary says the weapon fires bean bags. Under the agreement, Smyly resigned his police role on May 9 but will remain an employee through February without performing any work. Police shooting verdict sparks protest in California: in pictures Show all 10 Newly-released body camera video shows how it all started. Opinion: Colorado farms going fallow? It takes a good days drive to cover Colorado, but well help you do it in a few minutes. Its the day after Election Day. ", Memorial services set to begin for Bishop David O'Connell, World of Barbie to open next month at Santa Monica Place, 5 Freeway through the Grapevine reopens, CHP escorting traffic. The officer, John Smyly, resigned with a severance package, as the City Council and community members were troubled by the incident. Carr said the resignation agreement allowed the city to provide the community information more quickly, and it transitioned Officer Smyly out of a law enforcement career. The citys bargaining agreement with police officers requires an appeal for any disciplinary action and could have allowed Smyly to return to duty, he added. New video shows moment Boulder officer pulled gun on black man picking up trash in own yard. A phone number for Smyly could not be located Thursday. When Zayde Atkinson refuses, Smyly threatens to . The contact evolved into a stop and detainment that caused multiple officers to respond. Thats what youre gonna do, officer? "I will not sit down, I refuse to sit down, until you guys put your (expletive) weapons away," Atkinson said. Copyright 2023 WABC-TV. 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. ", "I just told you I lived here and I told you that I'm working as well," 26-year-old Zayd Atkinson responded. Put that down, Smyly said on the tape. 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. Smyly asked for Atkinsons date of birth. ", "I just told you I lived here and I told you that I'm working as well," 26-year-old Zayd Atkinson responded. ", 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. Under the agreement, Smyly resigned his police role on May 9 but will remain an employee through February without performing any work. 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. Investigators found Smyly violated two department policies: police authority and public trust and conduct, the city attorney said. Atkinsons attorney did not respond to requests for comment. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. If you or I did what Officer Smyly did to Zayd Atkinson, not only would we be immediately fired, we would be criminally prosecuted, Rathod 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. Im not tryi. Investigators found Smyly violated two department policies: police authority and public trust and conduct, the city attorney said. 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. (Facebook . 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. 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. Our newsletters bring you a closer look at the stories that affect you and the music that inspires you. Atkinson, 26, said he believes Smyly should have been fired immediately. After about eight minutes, more officers arrive and form a loose half circle around Atkinson. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo., detained him in March, 2019. One of the other officers arrived with a handgun drawn but holstered it, while another had a stun gun drawn. Smyly asked for Atkinsons date of birth. 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 seated on a bench in a patio area that had a sign that said private property.. The officer then called for back-up, leading to eight officers surrounding the college student. We assure you it had an impact, they wrote. Cubs pitcher Drew Smyly is introduced at the opening ceremony of the Cubs Convention at the Sheraton Grand Chicago, Jan. 13, 2023, in Chicago. City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinsons race. "Give him his ID back and we're outta here," one of the officers is heard saying. 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. 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. 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. Atkinson provided his school ID, which did not have an address and then offered to let himself into the building as proof. Simon and Sally Glass say findings vindicate their belief that their son was murdered by Clear Creek County sheriff's deputies. On the video, Atkinson responds by shouting: Thats a gun! Since Live PD and Cops was cancelled, James Freeman does LIVE STREAMING COP WATCHES. Here's what else is happening today. City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinson's race. By. Tracking the Chicago Blackhawks moves before the NHL trade deadline. 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. Im picking up trash! Atkinson said he did and gave Smyly his Naropa student ID. Atkinson provided his school ID, which did not have an address and then offered to let himself into the building as proof. A phone number for Smyly could not be located Thursday. The Moving can be an exciting experience. Atkinson repeatedly said he had not done anything wrong. Atkinson later reached a settlement with the city. He has agreed to immediately seek other employment outside of the county government. City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. He should have slept longer.. 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