but it can also be stressful. 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 then told Atkinson that he was obstructing a police officer, a jailable offense. Smyly later told Atkinson that he was being detained for trespassing. ", 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. 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! 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. By submitting your email to receive this newsletter, you agree to our. Such is the case of Boulder, Colo., police officer John Smyly over his interaction with Zayd Atkinson on March 1st this year. 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. 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.. Atkinson repeatedly said he had not done anything wrong. The report indicated none of the officers, including Smyly, ever pointed a gun or stun gun at Atkinson. John Smyly Current Workplace. but it can also be stressful. 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. 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. Atkinson provided his school ID, which did not have an address and then offered to let himself into the building as proof. According to the report, Atkinson raised his voice and Smyly felt threatened by the trash grabber and drew his stun gun. How do you feel?" The city on Thursday announced the settlement but did not include the terms in a news release. 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.. 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. "I couldn't help but notice you sitting on the patio out there," officer John Smyly says in the video. Stop!. 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. 2023 Colorado Public Radio. Boulder officials did not immediately return a request for how much Smyly would be paid during his time on leave. Colorado Postcards are snapshots of our colorful state in sound. The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. 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. Copyright 2023 WABC-TV. 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. 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. Im picking up trash, and youre holding a gun!. 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. 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? This was, We failed to consider the sentiment, or tr, equity training and discussions and are committed to, and working with county staff on whatever tools might help us in those, Evolving Doors Dance Moving Through: Bodies, Music, Images, Experience, Boulder County Neighbors Come Together to Support Former Lyons Resident After Racist Facebook Comments Spark Tension | Press Release, SF1 Birthday Bash at Ophelias Electric Soapbox, square product theatre presents return of Greg Woheads Celebration, Florida, Colorado county buys controversial phone-hacking tech using money meant to treat, prevent drug addiction, Impacted Residents Petition Continuous Air Quality Monitoring | Open Letter to the Erie Board of Trustees, On holding Bidens feet to the fire, disproportionate policing, and white supremacists: the Colorado Capitol on Inauguration Day 2021, Impeach Trump Car Parade and Rally: January 10th | Kenneth Wajda Photos, Former sheriffssergeant arrested for using excessive force | Press Release, NAACP Boulder County Letter to Boulder City Council on Police Accountability and Housing for Homeless during the Pandemic. 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. Opening day might not be in play because of Suzuki's moderate left oblique strain, making the rest of the spring important for the organization to figure out its options if he can't go at the beginning of the season. 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. "I'm just checking to make sure that you have a right to be here, that's all. 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. On the video, Atkinson responds by shouting: Thats a gun! Stop!. As part of a settlement with the city, Smyly will resign from the police department today but will remain under city employment until February 2020 as he exhausts accrued holiday, sick and administrative leave. The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. 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 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. Police shooting verdict sparks protest in California: in pictures Show all 10 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. 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. 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. You want to know what is really going on these days, especially in Colorado. Your hand is on your weapon and youre gonna shoot me, Atkinson shouted. Letters: Proposed age limit for gun ownership in Colorado doesn't make sense, Skygazers will have a great view Wednesday of two planets that look like they are almost touching, In 4 years, Lori Lightfoot went from breakout political star to divisive mayor of a Chicago beset by pandemic and crime, Florida lawmakers to consider expansion of so-called dont say gay law, Drone crashes at Disneyland after hovering over visitors heads See video, Rapper Travis Scott wanted for assaulting Manhattan club sound engineer, destroying $12K in equipment, Do Not Sell/Share My Personal Information. 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. The report concluded Smyly violated department policy during the encounter with Atkinson. 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. "I'm just checking to make sure that you have a right to be here, that's all. Heres what it all means. He has agreed to immediately seek other employment outside of the county government. Venus, the moon, Mars, and Jupiter are all visible in the eastern sky above Lake Michigan before sunrise June 23, 2022, in Chicago. Living at Kimberly Court can seem like living in the most convenient location in Boulder. Smyly said he noticed Atkinson on the rear patio and wanted to see if he lived or worked there. Our newsletters bring you a closer look at the stories that affect you and the music that inspires you. Smyly said he noticed Atkinson on the rear patio and wanted to see if he lived or worked there. He said he has had trouble sleeping and spends time outdoors or with friends to calm him. Gen Z Voices: Attending school on a tribal reservation, and outside of it, led Aidan Gover to discover the disparities in education. Atkinsons attorney did not respond to requests for comment. ", 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. 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. Venus, the moon, Mars, and Jupiter are all visible in the eastern sky above Lake Michigan before sunrise June 23, 2022, in Chicago. He says funding is key. 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. He did not mention the incident in his resignation letter. . (Facebook . Put that down, Smyly said on the tape. 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. On the video, Atkinson responds by shouting: Thats a gun! Im picking up trash! If you or I were to do this, we would be criminally charged. (John J. Kim/Chicago Tribune). "Shouldn't that be enough for you?". We would immediately lose our jobs.. Western Pennsylvania's trusted news source. One officer can be seen holding a rifle; the investigative summary says the weapon fires bean bags. Ed Burke since 1969 won by Jeylu Gutierrez, Ald. After about eight minutes, more officers arrive and form a loose half circle around Atkinson. John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. 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. Atkinson repeatedly said he had not done anything wrong. 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. Im picking up trash! Read more here. One officer can be seen holding a rifle; the investigative summary says the weapon fires bean bags. Atkinson refused, then picked up the bucket and tool and walked away. Your hand is on your weapon and youre gonna shoot me, Atkinson shouted. Rossana Rodriguez Sanchez declares victory over political machine, Billionaires son emerges as winner, set on addressing crime and development, Embattled Ald. At one point the officer says, "you're probably going to get tased.". Atkinson refused, then picked up the bucket and tool and walked away. 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. We did not see any opportunity for harm, he wrote. New video shows moment Boulder officer pulled gun on black man picking up trash in own yard. "I will not sit down, I refuse to sit down, until you guys put your (expletive) weapons away," Atkinson said. We have concluded this hire was not helpful to our equity work, and I wish to inform you of the resolution to the issue. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. Atkinson refused, then picked up the bucket and tool and walked away. Atkinson said he did and gave Smyly his Naropa student ID. 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. 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. 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. All Rights Reserved. He said he has had trouble sleeping and spends time outdoors or with friends to calm him. CPR's Joella Baumann contributed to this report. Smyly, a 14-year veteran of the Boulder Police Department had no prior disciplinary action, it was. John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. 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. As part of the settlement agreement between Smyly and the City of Boulder his file "will document separation from employment due to resignation.". Obviously, I still have things to learn.. Chicago Tribune editors' top story picks, delivered to your inbox each afternoon. ABC7 New York 24/7 Eyewitness News . 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. The iconic deep dish chain is focusing on expanding its franchise restaurants. 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. 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. 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. All rights reserved. Now that the two candidates have been determined for the runoff election for Chicago mayor, more of the aldermanic races are becoming clearer. 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. When Smyly asked for an address and date of birth, Atkinson walked away and began to pick up trash again. If you or I were to do this, we would be criminally charged. 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 contact evolved into a stop and detainment that caused multiple officers to respond. We will try to b his position and transfer the work and have him finish the projects he has in progress on our RMS replacement so that we dont have to start over. 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 has agreed to immediately seek other employment outside of the county government. 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. But Carr did elaborate on the decision not to fire or suspend Smyly in the statement. We looked at this through the lens of safety and exposure. Not for the "stupid price" of $150 an acre foot. Newly-released. New video shows moment Boulder officer pulled gun on black man picking up trash in own yard. 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. 9191 46 Comments 15 Shares Share 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.. 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. When Zayde Atkinson refuses, Smyly threatens to . 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. The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. ", 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.. 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. An address and then offered to let himself into the building as proof when Smyly asked for address! 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