That's when the tense 22-minute stand-off ends. "Give him his ID back and we're outta here," one of the officers is heard saying. 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. 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 has agreed to immediately seek other employment outside of the county government. "My life right now is kind of restless, unsettled," he . You want to know what is really going on these days, especially in Colorado. 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. According to the report, Smyly asked Atkinson whether he lived in the building, which was Naropa student housing. John is not enjoying, agreed to immediately seek other employment outside of the county government. but it can also be stressful. The independent review, conducted by former U.S. Attorney for the District of Colorado, Bob Troyer, will soon be released by the city. Under a settlement with the city, Smyly will remain on Boulder's payroll until February 2020. Boulder Police Officer Resigns After Confronting Black Man Picking Up Trash, News That Matters, Delivered To Your Inbox. The footage shows Smyly investigating Atkinson for trespassing. City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. 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 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.. A phone number for Smyly could not be located Thursday. Ultimately, I approved the hire. 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. When Zayde Atkinson refuses, Smyly threatens to tase him. The report indicated none of the officers, including Smyly, ever pointed a gun or stun gun at Atkinson. On the video, Atkinson responds by shouting: Thats a gun! A phone number for Smyly could not be located Thursday. 9191 46 Comments 15 Shares Share Atkinson, 26, said he believes Smyly should have been fired immediately. Living at Kimberly Court can seem like living in the most convenient location in Boulder. Im not tryi. Atkinson provided his school ID, which did not have an address and then offered to let himself into the building as proof. ", 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. Im picking up trash, and youre holding a gun!. On the video, Atkinson responds by shouting: Thats a gun! 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. Your hand is on your weapon and youre gonna shoot me, Atkinson shouted. Smyly approached Atkinson on March 1 in front of the. Since Live PD and Cops was cancelled, James Freeman does LIVE STREAMING COP WATCHES. Whats next after moving on from Patrick Kane? You can read the full agreement below. 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." 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. 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. 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. 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.. Read more here. 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. Atkinson said he did, and Smyly asked for identification with the address on it. In an effort to keep our community informed, we are now publishing some press peleases in whole. Thats what youre gonna do, officer? Atkinson later reached a settlement with the city. Im picking up trash, and youre holding a gun!. Gen Z Voices: Attending school on a tribal reservation, and outside of it, led Aidan Gover to discover the disparities in education. City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinsons race. Newly-released . 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. 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. More officers -- 8 in total -- eventually arrived, some with guns drawn. 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. ", "I just told you I lived here and I told you that I'm working as well," 26-year-old Zayd Atkinson responded. . Smyly asked for Atkinsons date of birth. as they address charges against an Oak Lawn police officer Feb. 15, 2023. . Atkinson said he did and gave Smyly his Naropa student ID. 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 myself, for discussion. When Smyly asked for an address and date of birth, Atkinson walked away and began to pick up trash again. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. At one point the officer says, "you're probably going to get tased.". 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. Under the agreement, Smyly resigned his police role on May 9 but will remain an employee through February without performing any work. 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. He has agreed to immediately seek other employment outside of the county government.. Not today.. Track SoCal rain with LIVE Megadoppler 7000 HD, a black man confronted by a Boulder police officer. Atkinson later reached a settlement with the city. Atkinson said he did, and Smyly asked for identification with the address on it. Boulder Valley School District. 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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. 2023 Trib Total Media | All Rights Reserved. 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. 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. Whether movers in Fort Collins are helping you Mitchell Byars has been reporting for the Daily Camera since 2011, covering breaking news and courts. City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinson's race. He has agreed to immediately seek other employment outside of the county government. The Moving can be an exciting experience. Atkinson refused, then picked up the bucket and tool and walked away. All Rights Reserved. We w, This was very difficult because John has not violated any policies here and has been a very productive. 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! Copyright 2023 WABC-TV. 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. According to a summary of the investigation released by Boulder police, Officer John Smyly was conducting extra patrols on March 1, 2019, in the area of Folsom Street and Arapahoe Avenue when. Here's what else is happening today. A Cactus League road game Tuesday came hours after Seiya Suzuki's disappointment of his oblique strain and outlook at what comes next for the Chicago Cubs right fielder. Patrick von Keyserling, communications director for the city, confirmed that the results of the internal investigation will not go into his file. As part of the settlement agreement between Smyly and the City of Boulder his file "will document separation from employment due to resignation.". Copyright 2023 KABC Television, LLC. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo., detained him in March, 2019. John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. 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. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. 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. 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. (John J. Kim / Chicago Tribune). 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. 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. Atkinson gave Smyly his Naropa student ID, but it did not have his address or date of birth. 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 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. How do you feel?" Opinion: Colorado farms going fallow? Atkinson refused, then picked up the bucket and tool and walked away. Thats what youre gonna do, officer? 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. 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. Cubs pitcher Drew Smyly is introduced at the opening ceremony of the Cubs Convention at the Sheraton Grand Chicago, Jan. 13, 2023, in Chicago. Watch Body Camera Video March 1, 2019 https://t.co/8NnfbXgMXX, Rae Ellen Bichell (@raelnb) May 16, 2019. On the video, Atkinson responds by shouting: Thats a gun! 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. 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. Smyly asked for Atkinsons date of birth. 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. Im picking up trash! You are also agreeing to our Terms of Service and Privacy Policy. John Smyly Current Workplace. Chicago Tribune editors' top story picks, delivered to your inbox each afternoon. After about eight minutes, more officers arrive and form a loose half circle around Atkinson. Read more here. If you or I were to do this, we would be criminally charged. Boulder police said there is no evidence Atkinson was racially profiled. 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. The officer, John Smyly, resigned with a severance package, as the City Council and community members were troubled by the incident. 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. The US economy is sending mixed signals. Smyly said he noticed Atkinson on the rear patio and wanted to see if he lived or worked there. The Lookout is a free, daily email newsletter with news and happenings from all over Colorado. One officer can be seen holding a rifle; the investigative summary says the weapon fires bean bags. 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. Oyeneyin was handcuffed and detained in his own home after police responded to a burglar alarm in process. 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. The shooting was one of the deadliest . 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. John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. "How do you feel, officer? . Newly-released body camera video shows how it all started. Read more here. 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. 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. 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 told the department he could not tell what race Atkinson was when he first saw him. 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. 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. 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. 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