How do you feel?" The report concluded Smyly violated department policy during the encounter with Atkinson. By. Former officer John Smyly will continue to have an unblemished history with the Boulder Police Department. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. It takes a good days drive to cover Colorado, but well help you do it in a few minutes. Smyly said he noticed Atkinson on the rear patio and wanted to see if he lived or worked there. 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. 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. Newly-released. As part of a settlement with the city, Smyly remained under city employment until February as he exhausted accrued holiday, sick and administrative leave. "I will not sit down, I refuse to sit down, until you guys put your (expletive) weapons away," Atkinson said. The job was publicly posted in 2019, Wagner said. Smyly asked for Atkinsons date of birth. Thats what youre gonna do, officer? Newly-released body camera video shows how it all started. 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. On the video, Atkinson responds by shouting: Thats a gun! A phone number for Smyly could not be located Thursday. Keyserling could not say if an officer still employed with the city would have the record included in their file. The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. 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. He shared that he slept on the decision, but he clearly didnt think about how it would land with the community or those few diverse members of his staff. 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. We looked at this through the lens of safety and exposure. Im not tryi. According to the report, Smyly asked Atkinson whether he lived in the building, which was Naropa student housing. TribLIVE's Daily and Weekly email newsletters deliver the news you want and information you need, right to your inbox. He tries to make his victim sit like a dog, for no reason other than to assert dominance over him. One officer can be seen holding a rifle; the investigative summary says the weapon fires bean bags. Boulder officials did not immediately return a request for how much Smyly would be paid during his time on leave. He did not mention the incident in his resignation letter. Read more here. TV Q&A: Is a Pittsburgher writing for CBSs East New York? (Facebook . 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. Atkinson said he did, and Smyly asked for identification with the address on it. City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. Such is the case of Boulder, Colo., police officer John Smyly over his interaction with Zayd Atkinson on March 1st this year. When Smyly asked for an address and date of birth, Atkinson walked away and began to pick up trash again. 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. Im picking up trash, and youre holding a gun!. Atkinson, 26, said he believes Smyly should have been fired immediately. When Smyly asked for an address and date of birth, Atkinson walked away and began to pick up trash again. 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. After about eight minutes, more officers arrive and form a loose half circle around Atkinson. (Giannis Papanikos/AP). The Moving can be an exciting experience. That's when the tense 22-minute stand-off ends. 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. 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. But Carr did elaborate on the decision not to fire or suspend Smyly in the statement. Atkinson, 26, said he believes Smyly should have been fired immediately. Police: Worker shoots, kills manager at Hobby Lobby in Oklahoma City, Harry, Meghan asked to leave Windsor Estate home in further royal rift, FBI reportedly resisted searching Trumps Mar-a-Lago for classified documents, Death toll keeps rising in Greece's deadliest train crash, After shootings, Michigan State to restrict building access, Long-lost ship found in Lake Huron, confirming tragic story, GZA, Donnie Iris, John Mayer among top concerts to see around Pittsburgh in March, How officials cracked case of eyedrops that blinded people. 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. John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. "I'm just checking to make sure that you have a right to be here, that's all. Investigators found Smyly violated two department policies: police authority and public trust and conduct, the city attorney said. Now that the two candidates have been determined for the runoff election for Chicago mayor, more of the aldermanic races are becoming clearer. Copyright 2023 WABC-TV. 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. 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. Wake up to the day's most important news. 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. More officers -- 8 in total -- eventually arrived, some with guns drawn. Watch Body Camera Video March 1, 2019 https://t.co/8NnfbXgMXX, Rae Ellen Bichell (@raelnb) May 16, 2019. Read more here. We w, This was very difficult because John has not violated any policies here and has been a very productive. If you or I were to do this, we would be criminally charged. ", 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 other responding officers were cleared of any wrongdoing by the report, but the department said the encounter has uncovered the need for further training. The officer in Boulder left under an agreement that lets him collect salary despite violating department policies. Listen now. 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. Opinion: Colorado farms going fallow? 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 will leave as soon as possible, and we placed a written deadline on departure by the end of the year. 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. Thats what youre gonna do, officer? Under the agreement, Smyly resigned his police role on May 9 but will remain an employee through February without performing any work. At one point the officer says, "you're probably going to get tased.". The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. Put that down, Smyly said on the tape. We did not see any opportunity for harm, he wrote. 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 . 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. 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 . Boulder County Sheriffs Division Chief Mike Wagner said the job is a civilian position helping with the offices records and jail management computer systems replacement project. Stop!. But an independent review of the confrontation found no impropriety in the procedures . Smyly was allowed to resign, and is likely working for another department at this time. "Shouldn't that be enough for you?". John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. CPR's Joella Baumann contributed to this report. Smyly asked for Atkinsons date of birth. Obviously, I still have things to learn. In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. 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.. One of the officers involved in the latter scenario, John Smyly, resigned from the BPD earlier this month. "I will not sit down, I refuse to sit down, until you guys put your (expletive) weapons away," Atkinson said. 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, 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. ", "I just told you I lived here and I told you that I'm working as well," 26-year-old Zayd Atkinson responded. 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.. Heres what it all means. The Lookout is a free, daily email newsletter with news and happenings from all over Colorado. As part of a settlement with the city, Smyly remained under city employment until February as he exhausted accrued holiday, sick and administrative leave. Copyright 2023 KABC Television, LLC. He says funding is key. John Smyly Current Workplace. 2023 Colorado Public Radio. The investigation found officer John Smyly violated two department policies and found no evidence to support a claim of racial profiling. Part of HuffPost News. When our staff interviewed the candidates for this term position, Smyly was the best qualified applicant. Thats what youre gonna do, officer? 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.. 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. All rights reserved. He did not mention the incident in his resignation letter. 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. One officer can be seen holding a rifle; the investigative summary says the weapon fires bean bags. Recordings emerged of Greene referring to deputies in his department as "Black bastards" and "snakes.". 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. By entering your email and clicking Sign Up, you're agreeing to let us send you customized marketing messages about us and our advertising partners. 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. 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. Since Live PD and Cops was cancelled, James Freeman does LIVE STREAMING COP WATCHES. We can help you keep up. . 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. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. The Moving can be an exciting experience. 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. If you know what department Smyly is working it, please email that information to [email protected], 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 [email protected] James Freeman does first amendment audits, cop watching, cop blocking, and more. Atkinson later reached a settlement with the city. Smyly told the department he could not tell what race Atkinson was when he first saw him. 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. Atkinson repeatedly said he had not done anything wrong. but it can also be stressful. Video of the incident from Smyly's body camera shows him detaining . 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.. 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. You can read the full agreement below. 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.. Im picking up trash, and youre holding a gun!. 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. John Smyly has been working as a Officer John at Boulder Valley School District for 9 years. "Well I believe that this man had approached me because I'm a black male in an all-white town," Atkinson said later. Boulder Valley School District. On the video, Atkinson responds by shouting: Thats a gun! 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. Incumbent Daniel La Spata nears outright victory but may face Sam Royko in runoff, while Proco Joe Moreno falls short, Seat held by Ald. 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. More officers -- 8 in total -- eventually arrived, some with guns drawn. Atkinson repeatedly said he had not done anything wrong. The settlement allowed the city to provide the community information more quickly, and it transitioned Officer Smyly out of a law enforcement career.. He has agreed to immediately seek other employment outside of the county government. When Zayde continues to refuse to be John Smyly's b****, Smyly brandished a fire arm to try to further intimidate his victim into compliance. 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. 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. In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. 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. Simon and Sally Glass say findings vindicate their belief that their son was murdered by Clear Creek County sheriff's deputies. He. The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. Western Pennsylvania's trusted news source. 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. When Smyly asked for an address and date of birth, Atkinson walked away and began to pick up trash again. The city on Thursday announced the settlement but did not include the terms in a news release. (John J. Kim/Chicago Tribune). He said he has had trouble sleeping and spends time outdoors or with friends to calm him. If you or I were to do this, we would be criminally charged. 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. 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. 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. 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. Smyly approached Atkinson on March 1 in front of the. 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. 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. The incident in his resignation letter the rear patio and wanted to see if he lived worked. Atkinson, 26, said he believes Smyly should have been fired immediately the county government around Atkinson at... A free, Daily email newsletter with news and happenings from all over Colorado Smyly would be criminally.... 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