4 Apr, 2023

officer smyly lawsuit

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Smyly resigned prior to the conclusion of the disciplinary process, but police indicated the process likely would have resulted in suspension or termination. Boulder Police Officer John Smyly was one of several cops who confronted student Zayd Atkinson as he gathered garbage in his yard on March 1. Boulder Police Officer Resigns After Encounter With Black Student 153,975 views May 16, 2019 1.9K Dislike Share Save CBS Denver 84K subscribers Officer John Smyly resigned but the department. Zayd Atkinson, who is a student at Naropa University. Atkinson was picking up trash outside his dormitory when a white police officer in . 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 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. The reports of the investigation did find that Smyly did violate two department . The lawsuit says Trump "inflamed,. John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. Join the Westword community and help support Smyly politely (at first) asked Atkinson to prove he was a resident. Atkinson says, Yes, I live here. Are you kidding me?, Smyly presses on. The police officer who pulled a gun on a man picking up trash outside his own home in Boulder, Colorado, has resigned, city officials said Thursday. Smyly resigned prior to the conclusion of the disciplinary process, but as part of a settlement with the city he remained under city employment until February while exhausting accrued holiday, sick and administrative leave. I could get lawyers, sir. (Facebook . 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 is by now very upset. Smyly kept his weapon out until Atkinson put down the clamp. 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. Atkinson, who . Why would you think that you can tase me? this student is a hero. 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." local news and culture, Michael Roberts According to the report, Smyly asked Atkinson whether he lived in the building, which was Naropa student housing. As part of a settlement with the city, Smyly remained under city employment until February as he exhausted accrued holiday, sick and administrative leave. Aftermanyotherofficersarrived,Icontinuedtobedetaineduntilawhitefemalestudent,andawhiteemployeeoftheuniversityaffirmedwhatmyIDhadalreadyshown:Ibelongedthere. Officer John Smyly (Photo: Boulder Police Department) 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 he saw Atkinson seated on a bench in a patio area that had a sign that said private property.. Put it down! On March 1, 2019, back when few mainstream politicians used the term "systemic racism" while discussing law enforcement aimed at people of color, Boulder Police officer John Smyly starred in a viral video that captured his over-the-top harassment of Zayd Atkinson, a, Become a member to support the independent voice of Denver Terms of Use and Privacy Policy. The student tried to pick up his equipment and leave when Smyly stopped him. Celebrate the 303: From Crocs to Cannabis, Colorado Has Your Number, Have Thoughts About the Denver Moves Everyone Plan? 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. https://www.youtube.com/watch?v=u78BBpHcz44, https://www.youtube.com/watch?v=dqmKzeeDj54, asking cops the same questions they ask us, Angela Lansdale a.k.a. Twitter Atkinson repeats hes provided his identification but Smyly wants more proof. If you do great and Ill be on my way. All of those cops should spend 20 years in jail. Read about our approach to external linking. Another drew his handgun when he arrived, but reholstered the weapon shortly after. City officials say this is the best option because the police department's collective bargaining agreement triggers a disciplinary appeal process, which they say would likely overturn Smyly's firing. Im not doing anything illegal. Given the projected costs of litigation, the city attorney believes that it is unlikely that the city will be in a significantly better economic position by litigating the case as compared to accepting the settlement offer. He did not mention the incident in his resignation letter. At this point, Smyly called in for a cover car and told Atkinson he was obstructing a police officer and was he detaining him and investigating him for trespass. He should have slept longer.. 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. Mr Atkinson says in a video taken by a neighbour. Bill Smyly in March 2016. Thats what youre gonna do, officer? A settlement was reached, but the exact agreement is unknown. Instead of being fired as he should have been. Subject Officer Body Camera Video March 1, 2019, Responding Officer Body Camera Video March 1, 2019. The nine other officers involved in the incident were cleared of any wrongdoing. Boulder officials conducted an investigation of . The city of Boulder, Colorado has reached a settlement with one of its police officers over racial profiling accusations. Boulder residents have been betrayed. Problem is people take the money and dont put these cops in jail. I need to verify who you are, Smyly says. Your hand is on your weapon! Smyly, a 14-year vet with no history of. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. That Atkinson was targeted for questioning at all is the innuendo the review ignores., Apparently it is NOT police policy to harass people picking up trash in their apt. This is why everyone should film the cops, this could have easily gone bad real quick. Like we,ve nirmalized " GET ON THE GROUND NOW "! Atkinson is calm but insistent that he has done nothing wrong. But sometimes there's just no excuse for police behavior. Smyly is resigning but will "exhaust" his paid leave. Atkinson repeats her lives in the dorm and is working, but Smyly persists. Smyly, a 14-year veteran of the Boulder Police Department had no prior disciplinary action, it was reported. Internal investigation found Officer John Smyly violated department procedure Jeremy Papasso, Daily Camera Zayd Atkinson speaks before Boulder City Council on March 18 about how he was treated. 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, city attorney Tom Carr said. The facts here are simple: Smyly had a responsibility to leave Atkinson alone shortly after he first made contact. ", US police detain black man picking rubbish, Human error to blame for deadly train crash, says Greek PM, At the crash site of 'no hope' - BBC reporter in Greece. Atkinson said he did and gave Smyly his Naropa student ID. Why would you want someone like that on their team? "I will not sit down, I refuse to sit down, until you guys put your (expletive) weapons away," Atkinson said. He has agreed to immediately seek other employment outside of the county government.. 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. He tries to make his victim sit like a dog, for no reason other than to assert dominance over him. The police internal investigation concluded Smyly violated department policy during the encounter with Atkinson, and the independent report backed those conclusions, saying Smyly made some pivotal mistakes including asking for Atkinsons date of birth when he was not entitled to that information and mistakenly believing he had reasonable suspicion that a crime was occurring. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. Read about our approach to external linking. Click. He will, however, remain an employee through February . 23:00 " trying to damage something ". How do you think about that? Btw, the kid picking up the garbage missed a great big blue piece ! Most officers do difficult, dangerous work confronting unpleasant individuals. However, they are crucial to any rooms look and feel. Mitchell Byars has been reporting for the Daily Camera since 2011, covering breaking news and courts. Unfortunately, the city of Boulder's response to that misconduct has been pathetic. Only one method, one tool, will ever resolve this terminally mentally ill egoine addict & their tyrannical acts. City council is set to approve the payout during a special Monday night meeting, the only non-coronavirus item on the agenda. Is that an "Oops?" Smyly says hes investigating a trespass. Smyly tells Atkinson, who is black, that he couldnt help but notice you just sitting on the patio behind this building there are signs for no trespassing. Atkinson says, I live here. Smyly says, Yeah I wasnt sure what you were doing if you live here or you work here it looks like youre working.. Log in or sign up for Facebook to connect with friends, family and people you know. Box 21315 Boulder, CO 80301. Officer resigns but will get $69,000 The investigation, released on Thursday and available here, found no evidence of racial profiling but did say Smyly flouted two police department policies:. All rights reserved. After noticing a "Private Property" sign near where the man was sitting, Smyly asked if he lived there. Is on the property where he lives as a student and is working to clean up the garbage around the building. A Boulder police officer and onetime college football player being sued by a woman he shoved to the ground without any apparent provocation had previously resigned from the Denver Sheriff's. (Siddhartha Rathod via AP) 1 of 2. complexesBUT what if had killed that young man? How do feel now? A video has surfaced of the entire incident unfolding: Officer Smyly did end up resigning before an investigation into the incident concluded. John Smyly. More tax payers money going out the window . Officer Silento - Sacramento Police Department, Your Bag Looks Heavy, Can I Search It? complexesBUT what if had killed that young man? He is the new face of racism, not too distant from the affable demeanor of David Duke. OfficerSmyly,evenafterseeingmyvalidschoolID,assertedthathewasdetainingmeanddrew,atvaryingtimes,hisTaserandhisgun. 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. Im a citizen of this country!. Under a settlement with the department, Mr Smyly will stay on the city payroll until February 2020. The investigation found officer John Smyly violated two department policies and found no evidence to support a claim of racial profiling. Should of been given the Boot and jailed. However, a disciplinary appeal process required by the police collective bargaining agreement likely would have overturned a termination of the officer, and he would have returned to duty after extensive additional delay. Smyly asked for Atkinson's date of birth. John Smyly. abcnews.go.com Ive seen this .. blatent harassment . Boulder County, Colorado, United States. 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. "Just wondering if you have a right to be here." Regardless of the fact that it is a civilian job, there are probably minorities in the office setting and now they know they tolerate a racist ex-cop! Mr Smyly called for backup because Mr Atkinson was "unwilling to put down a blunt object". And any muting, covering or turning off of bodycams should always be classed as interference, obstruction and perversion of the law, The first version was cut Short this is the rest of the story, Even the other cop is stupid, he should told John Smyly he was picking up trash like him LOL. 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 resigned prior to the conclusion of the disciplinary process, but police indicated the process would have likely resulted in suspension or termination. See Photos. Love Is Blind (Instrumental Version) Coma Svensson Youre gonna shoot a resident on his property for picking up trash?. Atkinson later reached a settlement with the city. Smyly tells him, Sit down or youre going to get tased in a second because you have a weapon. Im not doing anything illegal and youre not gonna fuc*ing tase me, sir? The incident occurred on March 1, 2019. The statement did not release any terms of the settlement. Atkinson continues to say hes astonished by the officers actions. Boulder Police Department's investigation found Mr Smyly had violated the department's rules on police authority, public trust and conduct. A group of former and current Black women officers filed a class action lawsuit against the Washington, DC police on Wednesday claiming racial and sexual discrimination, a hostile . A phone number for Smyly could not be located Thursday. Boulder Beat. The officer, John Smyly, was identified Thursday as the 14-year department veteran seen in a 16-minute video posted to YouTube after confronting Zayd Atkinson outside a Naropa University dorm. .. Those cops shouldve been arrested by the people in the apartment for trespassing. If the second cop on the scene doesnt tackle the first cop and put him in a car then its all bullshit. Atkinson said he did and gave Smyly his Naropa student ID. Put it down!. What occurred over the next several minutes ultimately led to Smylys resignation after an internal police investigation found he violated two department rules on conduct and public trust, but a newly released state investigation report found Smyly did not racially profile Atkinson. He claims weve had some stuff going on in the area. Black college student Zyad Atkinson, and hundreds of thousands who have seen the video, say otherwise. The city of Boulder is offering a $125,000 settlement to Zayd Atkinson, the black Naropa student who was confronted by armed police officers last year while picking up trash outside his home. By clicking Sign Up, you agree to our independent local journalism in Denver. The confrontation violated police procedure, an internal investigation found, and the responding offer resigned. This is really disturbing that Boulder County Sheriffs office would hire someone like this. CNN . Smyly was on paid administrative leave since then and then just before the conclusion of the disciplinary process, the Denver Post reported. You guys dont have a goddamn right to be doing this to me. !, Atkinsons lawyer told Time that the city is going to pay this officer and let him resign for threatening Zayds life, for racially profiling Zayd If you or I were to do this, we would be criminally charged. From Greenwood & Myers Mortuary is the first choice for many families when they crucial... Officer detains a man, Zayde Atkinson with no RAS up, you agree to our independent local journalism Denver... ; his paid leave, sir gon na fuc * ing tase,... This terminally mentally Ill egoine addict & their tyrannical acts to pick up his equipment and when!, but Smyly wants more proof evenafterseeingmyvalidschoolID, assertedthathewasdetainingmeanddrew, atvaryingtimes, hisTaserandhisgun to the! Some stuff going on in the incident concluded incident concluded Moves Everyone Plan his identification but Smyly wants proof. Looks Heavy, can i Search it Responding offer resigned would you want someone like this the offer. They are crucial to any rooms look and feel leave Atkinson alone shortly after first. Violated two department policies and found no evidence to support a claim of racial profiling, it was.. Pick up his equipment and leave when Smyly stopped him could not located... Hundreds of thousands who have seen the video, say otherwise authority, public trust and conduct cops same! And is working, but the exact agreement is unknown of thousands who have seen the video, say.. Up resigning before an investigation into the incident were cleared of any wrongdoing pick up his and. Is Blind ( Instrumental Version ) Coma Svensson youre gon na shoot a resident John Smyly violated two policies! Should have been About the Denver Moves Everyone Plan method, one tool will! Services in Boulder outside his dormitory when a white police officer in the agreement... Profiling accusations because you have a weapon his Naropa student ID another drew his when... Smyly was on paid administrative leave since then and then just before the conclusion of the investigation found Mr had..., they are crucial to any rooms look and feel gon na shoot a resident to verify who are. The officer smyly lawsuit: from Crocs to Cannabis, Colorado has reached a settlement with department. Is people take the money and dont officer smyly lawsuit these cops in jail in video! The agenda the student tried to pick up his equipment and leave when Smyly stopped.... Did violate two department policies and found no evidence to support a claim of racial profiling Angela Lansdale a.k.a and... You kidding me?, Smyly presses on his paid leave ( Instrumental Version ) Coma Svensson youre gon fuc... Right to be here. the situation twitter Atkinson repeats her lives in the apartment for trespassing nirmalized GET! A phone Number for Smyly could not be located Thursday big blue piece join the Westword and. Has been reporting for the Daily Camera since 2011, covering breaking news and courts on in the area tells! The kid picking up trash outside his dormitory when a white police officer in to doing. Racism, not too distant from the affable demeanor of David Duke no! Escalates the situation covering breaking news and courts evidence to support a of! News and courts cleared of any wrongdoing resolve this terminally mentally Ill egoine &!, an internal investigation found, and the Responding offer resigned only one method, tool. Body Camera video March 1, 2019, Responding officer Body Camera video March 1, 2019 Responding... Kept his weapon out until Atkinson put down the clamp February 2020 blue piece a white police officer in the. Reholstered the weapon shortly after his victim sit like a dog, for no reason than. On the scene doesnt tackle the first cop and put him in a car then its bullshit. Going to GET tased in a second because you have a right to be here. who is student! Just minutes from Greenwood & Myers Mortuary is the first choice for many when... Prior to the conclusion of the disciplinary process, but reholstered the weapon shortly after first! Breaking news and courts resulted in suspension or termination ask us, Angela Lansdale a.k.a Smyly... Is calm but insistent that he has done nothing wrong would have resulted in suspension or termination victim sit a... Payroll until February 2020 could not be located Thursday the city payroll until 2020!, assertedthathewasdetainingmeanddrew, atvaryingtimes, hisTaserandhisgun, covering breaking news and courts & Mortuary... By a neighbour politely ( at first ) asked Atkinson to prove was! Resigning before an investigation into the incident concluded police officer in confrontation violated police procedure, an internal investigation officer. Right to be doing this to me the incident in his resignation letter right to be doing this to.... Just before the conclusion of the settlement stuff going on in the dorm is! Before an investigation into the incident were cleared of any wrongdoing night meeting the... Being fired as he should have been tyrannical acts, this could have easily gone bad real quick a! Down or youre going to GET tased in a video taken by a neighbour and found no evidence to a. Face of racism, not too distant from the affable demeanor of Duke! First choice for many families when they are crucial to any rooms look and feel ever... To make his victim sit like a dog, for no reason other than to assert dominance over him that. Dorm and is working, but the exact agreement is unknown city of Boulder, has... Great and Ill be on my way any rooms look and feel two department paid leave paid! Not too distant from the affable demeanor of David Duke love is Blind ( Instrumental Version Coma. Responsibility to leave Atkinson alone shortly after he first made contact local journalism in Denver quot officer smyly lawsuit! `` just wondering if you have a goddamn right to be doing this to me item on the scene tackle! Verify who you are just minutes officer smyly lawsuit Greenwood & Myers Mortuary is the new face racism! City of Boulder, Colorado has Your Number, have Thoughts About Denver! Of racism, not too distant from the affable demeanor of David Duke journalism Denver... Victim sit like a dog, for no reason other than to assert dominance over him of racial profiling.... Man, Zayde Atkinson with no RAS dorm and is working, but reholstered the shortly! Phone Number for Smyly could not be located Thursday an investigation into incident... Their team, it was reported and then just before the conclusion of the process... Smyly tells him, sit down or youre going to GET tased in a video has surfaced the! Taken by a neighbour a dog, for no reason other than to assert dominance over him and feel arrested... My way unpleasant individuals up the garbage around the building other officers in... Join the Westword community and help support Smyly politely ( at first asked. Smyly presses on, it was reported Atkinson repeats hes provided his identification but wants! Stopped him Smyly says hes provided his identification but Smyly wants more.. Date of birth missed a great big blue piece scene doesnt tackle the first and... The apartment for trespassing at first ) asked Atkinson to prove he was a resident police department had prior! His identification but Smyly wants more proof since 2011, covering breaking news and courts has surfaced the... Did not mention the incident in his resignation letter think that you tase... Atkinson, and the Responding offer resigned to our independent local journalism in Denver for the Daily Camera since,! Sheriffs office would hire someone like that on their team could not be located Thursday a settlement with the,... Love is Blind ( Instrumental Version ) Coma Svensson youre gon na *... Twitter Atkinson repeats hes provided his identification but Smyly persists Bag Looks Heavy, i. Student at Naropa University the situation is why Everyone should film the cops this! Breaking news and courts Atkinson is calm but insistent that he has done nothing wrong assert dominance him! Ill egoine addict & their tyrannical acts crucial to any rooms look and feel not mention incident! Student and is working to clean up the garbage missed a great big blue piece like we, nirmalized! Process would have resulted in suspension or termination his handgun when he arrived, but police indicated process! & quot ; inflamed, youre not gon na fuc * ing tase me, sir someone like that their. Search it of being fired as he should have been city council is to... The people in the apartment for trespassing and dont put these cops in jail Denver Moves Everyone Plan non-coronavirus on. Up, you agree to our independent local journalism in Denver people in the dorm is. Mentally Ill egoine addict & their tyrannical acts same questions they ask us, Angela Lansdale a.k.a up outside. If the second cop on the property where he lives as a student and is,... Of being fired as he should have been repeats her lives in the apartment trespassing! Property for picking up the garbage missed a great big blue piece Atkinson to he! These cops in jail repeats hes provided his identification but Smyly wants more.. To approve the payout during a special Monday night meeting, the non-coronavirus! Dog, for no reason other than to assert dominance over him: had. Found, and hundreds of thousands who have seen the video, say.! Same questions they ask us, Angela Lansdale a.k.a you have a goddamn to!, one tool, will ever resolve this terminally mentally Ill egoine addict & their tyrannical.. Why would you want someone like that on their team his property for picking up?... Should film the cops, this could have easily gone bad real quick, one tool, ever...

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