Youre gonna shoot a resident on his property for picking up trash?, Zayd Atkinsons attorney, Siddhartha Rathod: "Boulder either lacks the ability or will to root out racism from this police department. https://t.co/hYSl9TRy3x, Blair Miller (@blairmiller) May 16, 2019, Smyly drew his gun when the two men reached the back of the building, an investigative summary said. In an effort to keep our community informed, we are now publishing some press peleases in whole. Smyly approached Atkinson on March 1 in front of the. 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. 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. 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. Put that down, Smyly said on the tape. Atkinsons attorney Siddhartha Rathod said he was disappointed Smyly was not fired and instead was allowed to resign and remain on the citys payroll until 2020. When Smyly asked for an address and date of birth, Atkinson walked away and began to pick up trash again. He did not mention the incident in his resignation letter. 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.. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. Under the agreement, Smyly resigned his police role on May 9 but will remain an employee through February without performing any work. 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. Im picking up trash, and youre holding a gun!. Stop!. 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. 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. 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. 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. 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. In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. The Moving can be an exciting experience. Kazeem Oyeneyin answers the door at his home in Raleigh, N.C., on Aug. 17. Smyly asked for Atkinsons date of birth. 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. New video shows moment Boulder officer pulled gun on black man picking up trash in own yard. Feds sue Fort Collins water company for a Grand River Ditch rupture that damaged Rocky Mountain National Park in 2017, Boulder County took a month or longer to notify inmates that the jail had exposed their Social Security numbers. City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. The officer, John Smyly, resigned with a severance package, as the City Council and community members were troubled by the incident. All Rights Reserved. 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. 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. 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. Atkinson provided his school ID, which did not have an address and then offered to let himself into the building as proof. Copyright 2023 KABC Television, LLC. Living at Kimberly Court can seem like living in the most convenient location in Boulder. He said he has had trouble sleeping and spends time outdoors or with friends to calm him. My life right now is kind of restless, unsettled, he said. He has agreed to immediately seek other employment outside of the county government.. John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. (Tribune photo by Nancy Stone). Venus, the moon, Mars, and Jupiter are all visible in the eastern sky above Lake Michigan before sunrise June 23, 2022, in Chicago. Investigators found Smyly violated two department policies: police authority and public trust and conduct, the city attorney said. According to the report, Smyly asked Atkinson whether he lived in the building, which was Naropa student housing. The city on Thursday announced the settlement but did not include the terms in a news release. John Smyly Current Workplace. Atkinsons attorney did not respond to requests for comment. 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. Smyly asked for Atkinsons date of birth. 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. Investigators found Smyly violated two department policies: police authority and public trust and conduct, the city attorney said. On the video, Atkinson responds by shouting: Thats a gun! 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. 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. Smyly said he noticed Atkinson on the rear patio and wanted to see if he lived or worked there. Atkinson later reached a settlement with the city. Press Releases are provided to Yellow Scene. 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 . Atkinson refused, then picked up the bucket and tool and walked away. 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. Now that the two candidates have been determined . Jim Gardiner is top vote-getter, likely headed to runoff with Megan Mathias, which mayoral candidate received the most votes in your ward, Oak Lawn officer pleads not guilty in violent arrest captured on video, allegedly struck teen more than 10 times, Woman, 55, fatally wounded Tuesday night in North Austin neighborhood, Man fatally injured when SUV falls on him near Gages Lake, Pizzeria Uno sells frozen pizza division to Romeoville-based Great Kitchens. He says funding is key. Smyly asked for Atkinsons date of birth. 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. A Cactus League road game yesterday came hours after Seiya Suzukis disappointment over his oblique strain and outlook at what comes next for the Chicago Cubs right fielder. 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. 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. 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. All Rights Reserved. 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. Copyright 2023 WABC-TV. Finally, police confirm his story by asking someone else if he does, in fact, live there. Atkinson repeatedly said he had not done anything wrong. 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. 2023 BuzzFeed, Inc. All rights reserved. The settlement allowed the city to provide the community information more quickly, and it transitioned Officer Smyly out of a law enforcement career.. And remember, for the latest breaking news in Chicago, visit chicagotribune.com/breaking and sign up to get our alerts on all your devices. Im picking up trash! Listen now. By. The report indicated none of the officers, including Smyly, ever pointed a gun or stun gun at Atkinson. Atkinson said he did, and Smyly asked for identification with the address on it. 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. 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. Stop!. While it found Smyly violated department policy, the report indicated there was not enough evidence to support racial bias being a factor. He said he has had trouble sleeping and spends time outdoors or with friends to calm him. 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. When Smyly asked for an address and date of birth, Atkinson walked away and began to pick up trash again. This was very difficult because John has not violated any policies here and has been a very productive, pleasant employee. 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. My life right now is kind of restless, unsettled, he said. TV Q&A: Is a Pittsburgher writing for CBSs East New York? 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. 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. Our staff spoke to John Smyly yesterday concerning the controversy over his temporary position 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. ABC7 New York 24/7 Eyewitness News . The US economy is sending mixed signals. Ex-Boulder Officer John Smyly was found in violation of department policy. The job was publicly posted in 2019, Wagner said. Cubs pitcher Drew Smyly is introduced at the opening ceremony of . 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? Boulder police said there is no evidence Atkinson was racially profiled. Im picking up trash! 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. Such is the case of Boulder, Colo., police officer John Smyly over his interaction with Zayd Atkinson on March 1st this year. John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. 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. Embattled NC sheriff resigns again before DA details accusations against him in court. 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. Track SoCal rain with LIVE Megadoppler 7000 HD, a black man confronted by a Boulder police officer. 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. If you or I were to do this, we would be criminally charged. The Moving can be an exciting experience. Youre gonna shoot a resident on his property for picking up trash?, Smyly drew his gun when the two men reached the back of the building, an investigative summary said. The footage shows Smyly investigating Atkinson for trespassing. 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. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. 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. We have concluded this hire was not helpful to our equity work, and I wish to inform you of the resolution to the issue. ", 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. City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. 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 Lookout is a free, daily email newsletter with news and happenings from all over Colorado. 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. He should have slept longer.. Investigators found Smyly violated two department policies: police authority and public trust and conduct, the city attorney said. John is not enjoying the spotlight or controversy and understands it is necessary for him to leave. Read more here. 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. After about eight minutes, more officers arrive and form a loose half circle around Atkinson. 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. 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.. 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." 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. 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. "My life right now is kind of restless, unsettled," he . One of the other officers arrived with a handgun drawn but holstered it, while another had a stun gun drawn. City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinsons race. 2023 Colorado Public Radio. He tries to make his victim sit like a dog, for no reason other than to assert dominance over him. "I couldn't help but notice you sitting on the patio out there," officer John Smyly says in the video. 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 . 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. Simon and Sally Glass say findings vindicate their belief that their son was murdered by Clear Creek County sheriff's deputies. Obviously, I still have things to learn. . Thats my fault, I take responsibility. 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. "Well I believe that this man had approached me because I'm a black male in an all-white town," Atkinson said later. City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinsons race. 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. Part of HuffPost News. 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. as they address charges against an Oak Lawn police officer Feb. 15, 2023. . As part of a settlement with the city, Smyly remained under city employment until February as he exhausted accrued holiday, sick and administrative leave. 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 approached Atkinson on foot, and saw that he was using a long metal claw to pick up trash and put it in a bucket. According to the report, Atkinson raised his voice and Smyly felt threatened by the trash grabber and drew his stun gun. Now that the two candidates have been determined for the runoff election for Chicago mayor, more of the aldermanic races are becoming clearer. 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