We would immediately lose our jobs.. When Smyly asked for an address and date of birth, Atkinson walked away and began to pick up trash again. City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. YouTube file photo 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. Atkinson said he did, but did not elaborate when Smyly asked him what unit he lived in. "I'm just checking to make sure that you have a right to be here, that's all. 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. Stop!. 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. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. My life right now is kind of restless, unsettled, he said. 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. Atkinsons attorney did not respond to requests for comment. Your hand is on your weapon and youre gonna shoot me, Atkinson shouted. 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. 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. He has agreed to immediately seek other employment outside of the county government. Now that the two candidates have been determined for the runoff election for Chicago mayor, more of the aldermanic races are becoming clearer. Our newsletters bring you a closer look at the stories that affect you and the music that inspires you. Atkinson said he did, and Smyly asked for identification with the address on it. Finally, police confirm his story by asking someone else if he does, in fact, live there. The officer, John Smyly, resigned with a severance package, as the City Council and community members were troubled by the incident. City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. The NAACPs Boulder County chapter shared its concerns about Smylys hiring with Sheriff Joe Pelle, who sent a letter Oct. 1 to the chapter to share that his office determined his hiring was not helpful to our equity work., Our staff spoke to John Smyly yesterday concerning the controversy over his temporary position here, Pelle wrote. Recordings emerged of Greene referring to deputies in his department as "Black bastards" and "snakes.". 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. According to the report, Smyly asked Atkinson whether he lived in the building, which was Naropa student housing. He tries to make his victim sit like a dog, for no reason other than to assert dominance over him. At one point the officer says, "you're probably going to get tased.". City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinsons race. 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. 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. As part of the settlement agreement between Smyly and the City of Boulder his file "will document separation from employment due to resignation.". 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. 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. TribLIVE's Daily and Weekly email newsletters deliver the news you want and information you need, right to your inbox. New video shows moment Boulder officer pulled gun on black man picking up trash in own yard. 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. Under the agreement, Smyly resigned his police role on May 9 but will remain an employee through February without performing any work. John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. 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. Investigators found Smyly violated two department policies: police authority and public trust and conduct, the city attorney said. He says funding is key. Keyserling could not say if an officer still employed with the city would have the record included in their file. Former officer John Smyly will continue to have an unblemished history with the Boulder Police Department. 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. This was a temporary, non-enforcement job with no public contact or representation. 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. 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. ", "I just told you I lived here and I told you that I'm working as well," 26-year-old Zayd Atkinson responded. 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. Smyly asked for Atkinsons date of birth. Living at Kimberly Court can seem like living in the most convenient location in Boulder. Living at Kimberly Court can seem like living in the most convenient location in Boulder. 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We w, This was very difficult because John has not violated any policies here and has been a very productive. Western Pennsylvania's trusted news source. "How do you feel, officer? (Giannis Papanikos/AP). Atkinson, 26, said he believes Smyly should have been fired immediately. He will leave as soon as possible, and we placed a written deadline on departure by the end of the year. "I couldn't help but notice you sitting on the patio out there," officer John Smyly says in the video. 9191 46 Comments 15 Shares Share 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. This was very difficult because John has not violated any policies here and has been a very productive, pleasant employee. Smyly said he noticed Atkinson on the rear patio and wanted to see if he lived or worked there. Kazeem Oyeneyin answers the door at his home in Raleigh, N.C., on Aug. 17. John Smyly has been working as a Officer John at Boulder Valley School District for 9 years. Our staff spoke to John Smyly yesterday concerning the controversy over his temporary position here. 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. Boulder Police Officer Resigns After Confronting Black Man Picking Up Trash, News That Matters, Delivered To Your Inbox. 10-1! "I will not sit down, I refuse to sit down, until you guys put your (expletive) weapons away," Atkinson said. 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 . but it can also be stressful. ", "I just told you I lived here and I told you that I'm working as well," 26-year-old Zayd Atkinson responded. We looked at this through the lens of safety and exposure. He did not mention the incident in his resignation letter. Newly-released . The city on Thursday announced the settlement but did not include the terms in a news release. 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 . Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo., detained him in March, 2019. ", 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 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.. Im picking up trash! Read more here. Put that down, Smyly said on the tape. When Zayde Atkinson refuses, Smyly threatens to tase him. 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. 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. He has agreed to immediately seek other employment outside of the county government.. 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. Smyly can be heard saying, You have a dangerous object in your hand and you are failing to put it down., When Atkinson points out you are holding a gun, while he has a trash grabber, Smyly says, I feel threatened because you are not putting it down., Atkinson at several points asks for Smylys supervisor and says, Youre not going to get away with murder. The subject officer did not have probable cause to charge Mr. Atkinson with any crime. Smyly asked for Atkinsons date of birth. 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. Smyly said he noticed Atkinson on the rear patio and wanted to see if he lived or worked there. "I couldn't help but notice you sitting on the patio out there," officer John Smyly says in the video. 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. All Rights Reserved. When Zayde Atkinson refuses, Smyly threatens to . 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. 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 refused, then picked up the bucket and tool and walked away. Read more here. 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. 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, which is housing for the university. . A phone number for Smyly could not be located Thursday. Smyly resigned prior to the conclusion of the disciplinary process, but police indicated the process likely would have resulted in suspension or termination. The iconic deep dish chain is focusing on expanding its franchise restaurants. Whats next after moving on from Patrick Kane? 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. 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. Track SoCal rain with LIVE Megadoppler 7000 HD, a black man confronted by a Boulder police officer. 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.. The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. ", 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. 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. John is not enjoying the spotlight or controversy and understands it is necessary for him to leave. He said he has had trouble sleeping and spends time outdoors or with friends to calm him. We did not see any opportunity for harm, he wrote. 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. 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. A phone number for Smyly could not be located Thursday. You can read the full agreement below. More officers -- 8 in total -- eventually arrived, some with guns drawn. 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. 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. According to the report, Smyly asked Atkinson whether he lived in the building, which was Naropa student housing. The officer then called for back-up, leading to eight officers surrounding the college student. While we have no proof that racial bias was a motivating factor, the internal affairs investigation resulted in sustained violations of police policies.. 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. 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. When Smyly asked for an address and date of birth, Atkinson walked away and began to pick up trash again. We would immediately lose our jobs., Body cam video is out. 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.. On the video, Atkinson responds by shouting: Thats a gun! He tries to make his victim sit like a dog, for no reason other than to assert dominance over him. 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 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. (John J. Kim / Chicago Tribune). City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. 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.. 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. 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. ABC7 New York 24/7 Eyewitness News . 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. 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. John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. 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 footage shows Smyly investigating Atkinson for trespassing. Rossana Rodriguez Sanchez declares victory over political machine, Billionaires son emerges as winner, set on addressing crime and development, Embattled Ald. After about eight minutes, more officers arrive and form a loose half circle around Atkinson. 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. On the video, Atkinson responds by shouting: Thats a gun! 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. Video of the incident from Smyly's body camera shows him detaining . 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