Put that down, Smyly said on the tape. (Giannis Papanikos/AP). 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. 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. 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. ", 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. 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. Ed Burke since 1969 won by Jeylu Gutierrez, Ald. The Lookout is a free, daily email newsletter with news and happenings from all over Colorado. 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 . Finally, police confirm his story by asking someone else if he does, in fact, live there. Recordings emerged of Greene referring to deputies in his department as "Black bastards" and "snakes.". 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. 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. 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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. John is not enjoying the spotlight or controversy and understands it is necessary for him to leave. Smyly decided to approach Atkinson on foot, and saw that he was using a long metal claw to pick up trash and put it in a bucket. I am not normally involved in hiring decisions. By. 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 . . 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. 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. 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. Smyly, a 14-year veteran of the Boulder Police Department had no prior disciplinary action, it was. Shortly before 8:30 a.m. on that day, Officer John Smyly spotted Atkinson sitting in a partially enclosed patio area directly behind a "Private Property" sign and spoke to him to find out if. While we have no proof that racial bias was a motivating factor, the internal affairs investigation resulted in sustained violations of police policies.. Newly-released. 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. That's when the tense 22-minute stand-off ends. Boulder police said there is no evidence Atkinson was racially profiled. ", "I just told you I lived here and I told you that I'm working as well," 26-year-old Zayd Atkinson responded. City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinsons race. John Smyly Current Workplace. Under the agreement, Smyly resigned his police role on May 9 but will remain an employee through February without performing any work. Ultimately, I approved the hire. We assure you it had an impact, they wrote. Opinion: Colorado farms going fallow? On the video, Atkinson responds by shouting: Thats a gun! 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. When Zayde Atkinson refuses, Smyly threatens to . 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. The investigation found officer John Smyly violated two department policies and found no evidence to support a claim of racial profiling. 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. but it can also be stressful. We would immediately lose our jobs.. Your hand is on your weapon and youre gonna shoot me, Atkinson shouted. He tries to make his victim sit like a dog, for no reason other than to assert dominance over him. (Tribune photo by Nancy Stone). 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. Under the agreement, Smyly resigned his police role on May 9 but will remain an employee through February without performing any work. The iconic deep dish chain is focusing on expanding its franchise restaurants. Atkinson said he did, and Smyly asked for identification with the address on it. 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. 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. 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. 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. Boulder Valley School District is part of the K-12 Schools industry, and located in Colorado, United States. 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(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 . How do you feel?" A phone number for Smyly could not be located Thursday. 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. 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. The Moving can be an exciting experience. The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. Thats my fault, I take responsibility. Put that down, Smyly said on the tape. But Carr did elaborate on the decision not to fire or suspend Smyly in the statement. "Shouldn't that be enough for you?". Atkinson repeatedly said he had not done anything wrong. Venus, the moon, Mars, and Jupiter are all visible in the eastern sky above Lake Michigan before sunrise June 23, 2022, in Chicago. Smyly resigned prior to the conclusion of the disciplinary process, but police indicated the process likely would have resulted in suspension or termination. Atkinson gave Smyly his Naropa student ID, but it did not have his address or date of birth. Old post, but he moved to Longmont, CO and became a rent a cop, according to his LinkedIn.Funny he changed his display name to John S., but didn't change the URL from his full name. 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.. (Facebook . Wake up to the day's most important news. 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. The Moving can be an exciting experience. John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. Here's what else is happening today. He says funding is key. John is not enjoying the spotlight or controversy and understands it is necessary for him to leave. My life right now is kind of restless, unsettled, he said. 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. A phone number for Smyly could not be located Thursday. Embattled NC sheriff resigns again before DA details accusations against him in court. While the department said it could not support a claim of racial profiling in Smylys March 1 encounter with Zayd Atkinson, he did violate two department policies: police authority and public trust and conduct. Officer John Smyly (Photo: Boulder Police Department) Obviously, I still have things to learn. All Rights Reserved. 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. 10-1! ABC7 New York 24/7 Eyewitness News . The officer was identified today as 40-year-old John Smyly, a 14-year veteran of the department with no prior disciplinary action. Rossana Rodriguez Sanchez declares victory over political machine, Billionaires son emerges as winner, set on addressing crime and development, Embattled Ald. 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. Part of HuffPost News. Atkinson refused, then picked up the bucket and tool and walked away. After about eight minutes, more officers arrive and form a loose half circle around Atkinson. He has agreed to immediately seek other employment outside of the county government.. When Zayde Atkinson refuses, Smyly threatens to tase him. Read more here. City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. 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. Our newsletters bring you a closer look at the stories that affect you and the music that inspires you. Living at Kimberly Court can seem like living in the most convenient location in Boulder. 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, Carr said in the statement. ", 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. DENVER 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. Smyly asked for Atkinsons date of birth. Thats what youre gonna do, officer? Newly-released . Investigators found Smyly violated two department policies: police authority and public trust and conduct, the city attorney said. Its the day after Election Day. The settlement allowed the city to provide the community information more quickly, and it transitioned Officer Smyly out of a law enforcement career.. We have concluded this hire was not helpful to our equity work, and I wish to inform you of the resolution to the issue. 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. But, he added, he failed to consider the sentiment, or trigger, that it might cause for people of color., Thats my fault, I take responsibility, he wrote. The city of Boulder is paying this officer nearly $80,000 for violating the constitutional rights of Zayd. Police shooting verdict sparks protest in California: in pictures Show all 10 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. He has agreed to immediately seek other employment outside of the county government. Atkinson, 26, said he believes Smyly should have been fired immediately. John is not enjoying the spotlight or controversy and understands it is necessary for him to leave. 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. Our staff spoke to John Smyly yesterday concerning the controversy over his temporary position here. This was very difficult because John has not violated any policies here and has been a very productive, pleasant employee. One officer can be seen holding a rifle; the investigative summary says the weapon fires bean bags. 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.. More officers -- 8 in total -- eventually arrived, some with guns drawn. Incumbent Daniel La Spata nears outright victory but may face Sam Royko in runoff, while Proco Joe Moreno falls short, Seat held by Ald. 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. "I'm just checking to make sure that you have a right to be here, that's all. Im picking up trash! In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. The US economy is sending mixed signals. 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Ted Cruz during FAA confirmation hearing, Man killed in shooting outside of Aurora apartment complex, who confronted a black Naropa student picking up trash outside his residence in March, Denver just got a direct flight to this Caribbean island known for music history and vegetarian cooking, Coloradans may have another chance to see the northern lights Monday night, Denver gang member gave 14-year-old permission to open fire on woman with AR-15 after fender-bender, DA alleges, Feds sue water company for rupture damaging Rocky Mountain National Park -- again, Price of gas in Colorado has risen 51% since Suncor's refinery shutdown in late December. Naropa student ID, but it did not have his address or date of.... For Smyly could not prove that the officer, a 14-year veteran of the disciplinary process, police. The day 's most important news resigned his police role on May 9 will... Not be located Thursday, John Smyly, resigned this week under an agreement with officials! 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