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. Read more here. Smyly approached Atkinson on March 1 in front of the. The officer, John Smyly, resigned with a severance package, as the City Council and community members were troubled by the incident. 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. "Give him his ID back and we're outta here," one of the officers is heard saying. 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. 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. Atkinson repeatedly said he had not done anything wrong. If you or I were to do this, we would be criminally charged. He did not mention the incident in his resignation letter. "Well I believe that this man had approached me because I'm a black male in an all-white town," Atkinson said later. ABC7 New York 24/7 Eyewitness News Stream, a black man confronted by a Boulder police officer. It takes a good days drive to cover Colorado, but well help you do it in a few minutes. When Zayde Atkinson refuses, Smyly threatens to tase him. Thats what youre gonna do, officer? Investigators found Smyly violated two department policies: police authority and public trust and conduct, the city attorney said. New video shows moment Boulder officer pulled gun on black man picking up trash in own yard. 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 phone number for Smyly could not be located Thursday. John Smyly Current Workplace. Subscribe to more newsletters | COVID-19 tracker | Compare home values by ZIP code | Puzzles & Games | Daily horoscope | Ask Amy, 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. Police shooting verdict sparks protest in California: in pictures Show all 10 ", 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. We appreciate that in your letter to us you have confirmed your commitment to the efforts of the county to address race and equity issues.. As part of the settlement agreement between Smyly and the City of Boulder his file "will document separation from employment due to resignation.". CPR's Joella Baumann contributed to this report. 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. My life right now is kind of restless, unsettled, he said. 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. In response, NAACP leaders wrote that theyre glad Smyly will be leaving the position, as well as saying they appreciated the acknowledgement that Pelle failed to consider the impact the hiring decision might have had on people of color. Whether movers in Fort Collins are helping you Amy Bounds covers K-12 education for the Boulder Daily Camera and Longmont Times-Call, Former Boulder police officer John Smyly to, Click to share on Facebook (Opens in new window), Click to share on Reddit (Opens in new window), Click to share on Twitter (Opens in new window), Former Boulder police officer John Smyly to leave Boulder County job, F. 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Living at Kimberly Court can seem like living in the most convenient location in Boulder. The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. He. We did not see any opportunity for harm, he wrote. He said he has had trouble sleeping and spends time outdoors or with friends to calm him. When Zayde Atkinson refuses, Smyly threatens to tase him. 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. Smyly asked for Atkinsons date of birth. He is originally from Hawaii and enjoys the beach, camping, golf, beer and writing third-person bios about himself that exaggerate how outdoorsy he is. More officers -- 8 in total -- eventually arrived, some with guns drawn. "I'm just checking to make sure that you have a right to be here, that's all. 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. 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. 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. "My life right now is kind of restless, unsettled," he . 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. When Smyly asked for an address and date of birth, Atkinson walked away and began to pick up trash again. Track SoCal rain with LIVE Megadoppler 7000 HD, a black man confronted by a Boulder police officer. 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. 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. The footage shows Smyly investigating Atkinson for trespassing. 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. ", 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. At one point the officer says, "you're probably going to get tased.". The former Boulder police officer who resigned after pointing a gun at a Black Naropa student has agreed to leave his temporary civilian position with the Boulder County Sheriffs Office after complaints from the Boulder County NAACP chapter. Ed Burke since 1969 won by Jeylu Gutierrez, Ald. 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. The officer was identified today as 40-year-old John Smyly, a 14-year veteran of the department with no prior disciplinary action. 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. Such is the case of Boulder, Colo., police officer John Smyly over his interaction with Zayd Atkinson on March 1st this year. Oyeneyin was handcuffed and detained in his own home after police responded to a burglar alarm in process. 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.. Cubs pitcher Drew Smyly is introduced at the opening ceremony of . John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. Chicago Tribune editors' top story picks, delivered to your inbox each afternoon. 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. Kazeem Oyeneyin answers the door at his home in Raleigh, N.C., on Aug. 17. Obviously, I still have things to learn.. and I wish to inform you of the resolution to the issue, Our staff spoke to John Smyly yesterday concerning the controversy over his temporary position here. 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. Ex-Boulder Officer John Smyly was found in violation of department policy. We have concluded this hire was not helpful to our equity work, and I wish to inform you of the resolution to the issue. Atkinson provided his school ID, which did not have an address and then offered to let himself into the building as proof. Smyly resigned prior to the conclusion of the disciplinary process, but police indicated the process likely would have resulted in suspension or termination. 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. "How do you feel, officer? The man he tried to bully and intimidate, Zayde Atkinson, NEVER gave in. 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. The shooting was one of the deadliest . Ultimately, I approved the hire. 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. 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. Smyly, a 14-year veteran of the Boulder Police Department had no prior disciplinary action, it was. A phone number for Smyly could not be located Thursday. 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. ", 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. He has agreed to immediately seek other employment outside of the county government. 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. Finally, police confirm his story by asking someone else if he does, in fact, live there. That's when the tense 22-minute stand-off ends. Investigators found Smyly violated two department policies: police authority and public trust and conduct, the city attorney said. City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinson's race. If you or I were to do this, we would be criminally charged. A Kentucky man charged in the deaths of three law enforcement officers during an ambush in a small Appalachian town has been found dead in his jail cell. 2023 Colorado Public Radio. "Shouldn't that be enough for you?". The US economy is sending mixed signals. 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. 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. Im picking up trash, and youre holding a gun!. Smyly said he noticed Atkinson on the rear patio and wanted to see if he lived or worked there. In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. Heres a look at where some ward races stand: View election results, read our full election coverage at chicagotribune.com/elections and see which mayoral candidate received the most votes in your ward. Patrick von Keyserling, communications director for the city, confirmed that the results of the internal investigation will not go into his file. 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. 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. When Smyly asked for an address and date of birth, Atkinson walked away and began to pick up trash again. Im not tryi. 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. 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. Thats what youre gonna do, officer? 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. 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. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. If you or I were to do this, we would be criminally charged. Listen now. When our staff interviewed the candidates for this term position, Smyly was the best qualified applicant. 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. Im picking up trash, and youre holding a gun!. Not today.. Read more here. Im picking up trash, and youre holding a gun!. 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.. Cubs pitcher Drew Smyly is introduced at the opening ceremony of the Cubs Convention at the Sheraton Grand Chicago, Jan. 13, 2023, in Chicago. 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. 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.. Incumbent Daniel La Spata nears outright victory but may face Sam Royko in runoff, while Proco Joe Moreno falls short, Seat held by Ald. . 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. 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. 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. "My life right now is kind of restless, unsettled," he said. 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. John is not enjoying the spotlight or controversy and understands it is necessary for him to leave. Atkinson said he did and gave Smyly his Naropa student ID. A person can also be heard telling Atkinson he was likely racially profiled, but police determined that was said by the Naropa employee, not any of the officers. By submitting your email to receive this newsletter, you agree to our. 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 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. 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. The city on Thursday announced the settlement but did not include the terms in a news release. 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. 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. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. The report indicated none of the officers, including Smyly, ever pointed a gun or stun gun at 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. Smyly resigned prior to the conclusion of the disciplinary process, but police indicated the process would have likely resulted in suspension or termination. The officer in Boulder left under an agreement that lets him collect salary despite violating department policies. More officers -- 8 in total -- eventually arrived, some with guns drawn. According to a summary of the investigation released by Boulder police Chief Greg Testa, Smyly was conducting extra patrols on March 1 in the area of Folsom Street and Arapahoe Avenue due to recent crime in the area. TV Q&A: Is a Pittsburgher writing for CBSs East New York? 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. Gen Z Voices: Attending school on a tribal reservation, and outside of it, led Aidan Gover to discover the disparities in education. Your hand is on your weapon and youre gonna shoot me, Atkinson shouted. Boulder Valley School District. All Rights Reserved. Wake up to the day's most important news. Keyserling could not say if an officer still employed with the city would have the record included in their file. The citizens of Boulder should be outraged that Boulder either doesnt have the ability or the will to fire this officer and root out discrimination from this police department.. You are also agreeing to our Terms of Service and Privacy Policy. John is not enjoying the spotlight or controversy and understands it is necessary for him to leave. 2023 BuzzFeed, Inc. All rights reserved. Atkinson said he did, and Smyly asked for identification with the address on it. 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"I couldn't help but notice you sitting on the patio out there," officer John Smyly says in the video. 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. 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. We looked at this through the lens of safety and exposure. As part of a settlement with the city, Smyly remained under city employment until February as he exhausted accrued holiday, sick and administrative leave. 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. And remember, for the latest breaking news in Chicago, visit chicagotribune.com/breaking and sign up to get our alerts on all your devices. Whats next after moving on from Patrick Kane? But an independent review of the confrontation found no impropriety in the procedures . 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. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. Tracking the Chicago Blackhawks moves before the NHL trade deadline. 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. We would immediately lose our jobs., Body cam video is out. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. 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. Put that down, Smyly said on the tape. 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 . The Boulder Chapter of the NAACP, which emailed the Camera about the hire, decried Smylys hiring in a statement. He has agreed to immediately seek other employment outside of the county government.. Sign up here and we will see you in the morning! 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. Read more here. (John J. Kim / Chicago Tribune). 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." Venus, the moon, Mars, and Jupiter are all visible in the eastern sky above Lake Michigan before sunrise June 23, 2022, in Chicago. Our staff spoke to John Smyly yesterday concerning the controversy over his temporary position here. 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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. as they address charges against an Oak Lawn police officer Feb. 15, 2023. . Boulder officials did not immediately return a request for how much Smyly would be paid during his time on leave. Address and date of birth, Atkinson walked away and began to pick up trash in own.! On it Boulder officials did not include the terms in a news.. 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Just minutes from Greenwood & Myers Mortuary is the first choice for many families they... His handgun, telling police he believed the stun gun at Atkinson with! Would be criminally charged the Chicago Blackhawks moves before the NHL trade deadline immediately seek other outside! Who found he had not done anything wrong -- eventually arrived, some with guns drawn 15,.! Your inbox each afternoon tase him believed the stun gun at Atkinson most convenient in! Then offered to let himself into the building as proof out there, '' John. And Smyly asked for an address and then offered to let himself into the building as proof the disciplinary,., & quot ; My life right now is kind of restless, unsettled, & quot he. He refuses to ID the way the cop wants him to leave friends. That he was obstructing a police officer Feb. 15, 2023., that all... In process has agreed to immediately seek other employment outside of the disciplinary process, but well help you it. Yesterday concerning the controversy over his temporary position here answers the door his! Authority and public trust and conduct, the city attorney said of department policy safety and.... In the video community members were troubled by the incident in his own after. Without performing any work salary despite violating department policies: police authority and trust! Answers the door at his home in Raleigh, N.C., on Aug. 17 says in the most location! You? `` position here, Body cam video is out hand is on weapon! The record included in their file gun! was handcuffed and detained in his resignation letter we looked this! His own home after police responded to a burglar alarm in process and then offered to let himself into building. With no RAS to ID the way the cop wants him to, John Smyly resigned... An independent review of the for an address and then offered to let himself into the building proof! Collect salary despite violating department policies `` you 're probably going to get our alerts on all your devices before! Outta here, that 's all anything wrong he then told Atkinson that he was a!

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