If you or I were to do this, we would be criminally charged. As part of a settlement with the city, Smyly remained under city employment until February as he exhausted accrued holiday, sick and administrative leave. The officer, John Smyly, resigned with a severance package, as the City Council and community members were troubled by the incident. 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. Living at Kimberly Court can seem like living in the most convenient location in Boulder. The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. Whether movers in Fort Collins are helping you Amy Bounds covers K-12 education for the Boulder Daily Camera and Longmont Times-Call, Former Boulder police officer John Smyly to, Click to share on Facebook (Opens in new window), Click to share on Reddit (Opens in new window), Click to share on Twitter (Opens in new window), Former Boulder police officer John Smyly to leave Boulder County job, F. 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Simon and Sally Glass say findings vindicate their belief that their son was murdered by Clear Creek County sheriff's deputies. 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. Officer John Smyly (Photo: Boulder Police Department) He has agreed to immediately seek other employment outside of the county government.. ", 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. Atkinson said he did, and Smyly asked for identification with the address on it. Colorado mountain towns are exploring a lawsuit against the US Postal Service over poor service. 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 said there is no evidence Atkinson was racially profiled. 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. Your hand is on your weapon and youre gonna shoot me, Atkinson shouted. We would immediately lose our jobs.. 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. 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 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. If you or I were to do this, we would be criminally charged. He did not mention the incident in his resignation letter. 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. 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. "I couldn't help but notice you sitting on the patio out there," officer John Smyly says in the video. 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.. On the video, Atkinson responds by shouting: Thats 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. Under the agreement, Smyly resigned his police role on May 9 but will remain an employee through February without performing any work. Smyly asked for Atkinsons date of birth. . I am not normally involved in hiring decisions. . We looked at this through the lens of safety and exposure. 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. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. Smyly was allowed to resign, and is likely working for another department at this time. "My life right now is kind of restless, unsettled," he . The report indicated none of the officers, including Smyly, ever pointed a gun or stun gun at Atkinson. Embattled NC sheriff resigns again before DA details accusations against him in court. 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. Kazeem Oyeneyin answers the door at his home in Raleigh, N.C., on Aug. 17. Oyeneyin was handcuffed and detained in his own home after police responded to a burglar alarm in process. Not today.. The iconic deep dish chain is focusing on expanding its franchise restaurants. 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. 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. Atkinson said he did, but did not elaborate when Smyly asked him what unit he lived in. Ed Burke since 1969 won by Jeylu Gutierrez, Ald. Read more here. Watch Body Camera Video March 1, 2019 https://t.co/8NnfbXgMXX, Rae Ellen Bichell (@raelnb) May 16, 2019. By. The city on Thursday announced the settlement but did not include the terms in a news release. 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. We did not see any opportunity for harm, he wrote. The contact evolved into a stop and detainment that caused multiple officers to respond. 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. 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. We assure you it had an impact, they wrote. Im not tryi. City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. One officer can be seen holding a rifle; the investigative summary says the weapon fires bean bags. He tries to make his victim sit like a dog, for no reason other than to assert dominance over him. "I'm just checking to make sure that you have a right to be here, that's all. 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. He is originally from Hawaii and enjoys the beach, camping, golf, beer and writing third-person bios about himself that exaggerate how outdoorsy he is. 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. This was very difficult because John has not violated any policies here and has been a very productive, pleasant employee. Here's what else is happening today. Colorado Postcards are snapshots of our colorful state in sound. 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. In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. 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. Atkinson, 26, said he believes Smyly should have been fired immediately. John Smyly Current Workplace. Copyright 2023 WABC-TV. John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. More officers -- 8 in total -- eventually arrived, some with guns drawn. Listen now. The officer was identified today as 40-year-old John Smyly, a 14-year veteran of the department with no prior disciplinary action. Our newsletters bring you a closer look at the stories that affect you and the music that inspires you. 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. 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. 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. Atkinson provided his school ID, which did not have an address and then offered to let himself into the building as proof. The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. 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. All Rights Reserved. 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 my fault, I take responsibility. Smyly said he noticed Atkinson on the rear patio and wanted to see if he lived or worked there. Finally, police confirm his story by asking someone else if he does, in fact, live there. Boulder police officer who confronted black, Click to share on Facebook (Opens in new window), Click to share on Reddit (Opens in new window), Click to share on Twitter (Opens in new window), Get to know all 17 Denver mayor candidates , Boulder police officer who confronted black Naropa student to resign, Denver East High student dies more than two weeks after being shot outside school, Multiple Colorado schools temporarily placed under secure status due to threats, Off-duty Denver police officer hits, kills man walking on road, Woman shot near CU Boulder overnight, suspect is at large, Boulder King Soopers shooting suspect has schizophrenia, defense says, Denver airport CEO Phil Washington tangles with Sen. Ted Cruz during FAA confirmation hearing, Man killed in shooting outside of Aurora apartment complex, who confronted a black Naropa student picking up trash outside his residence in March, Denver just got a direct flight to this Caribbean island known for music history and vegetarian cooking, Coloradans may have another chance to see the northern lights Monday night, Denver gang member gave 14-year-old permission to open fire on woman with AR-15 after fender-bender, DA alleges, Feds sue water company for rupture damaging Rocky Mountain National Park -- again, Price of gas in Colorado has risen 51% since Suncor's refinery shutdown in late December. Smyly resigned prior to the conclusion of the disciplinary process, but police indicated the process would have likely resulted in suspension or termination. 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. Newly-released . If you or I did what Officer Smyly did to Zayd Atkinson, not only would we be immediately fired, we would be criminally prosecuted, Rathod said. 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. 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. He has agreed to immediately seek other employment outside of the county government. The job was publicly posted in 2019, Wagner said. CPR's Joella Baumann contributed to this report. Gen Z Voices: Attending school on a tribal reservation, and outside of it, led Aidan Gover to discover the disparities in education. Im picking up trash, and youre holding a gun!. According to the report, Smyly asked Atkinson whether he lived in the building, which was Naropa student housing. 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. YouTube file photo "I will not sit down, I refuse to sit down, until you guys put your (expletive) weapons away," Atkinson said. All rights reserved. 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. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. Boulder Valley School District. Lance Storz, 50, was found dead of an apparent suicide Tuesday morning at the Pike County Detention Center, where he was being held on three murder charges, Floyd County Sheriff John Hunt said Tuesday. 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. He said he has had trouble sleeping and spends time outdoors or with friends to calm him. The footage shows Smyly investigating Atkinson for trespassing. Former officer John Smyly will continue to have an unblemished history with the Boulder Police Department. Under the agreement, Smyly resigned his police role on May 9 but will remain an employee through February without performing any work. He did not mention the incident in his resignation letter. 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. Cubs pitcher Drew Smyly is introduced at the opening ceremony of the Cubs Convention at the Sheraton Grand Chicago, Jan. 13, 2023, in Chicago. Its the day after Election Day. He will leave as soon as possible, and we placed a written deadline on departure by the end of the year. The independent review, conducted by former U.S. Attorney for the District of Colorado, Bob Troyer, will soon be released by the city. We failed to consider the sentiment, or trigger that it might cause for people of color. While it found Smyly violated department policy, the report indicated there was not enough evidence to support racial bias being a factor. 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. 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. Atkinson, 26, said he believes Smyly should have been fired immediately. 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. "Well I believe that this man had approached me because I'm a black male in an all-white town," Atkinson said later. 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. The investigation found officer John Smyly violated two department policies and found no evidence to support a claim of racial profiling. 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. ", "I just told you I lived here and I told you that I'm working as well," 26-year-old Zayd Atkinson responded. City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. Living at Kimberly Court can seem like living in the most convenient location in Boulder. The US economy is sending mixed signals. 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. The Moving can be an exciting experience. Former Boulder police officer John Smyly takes, Click to share on Facebook (Opens in new window), Click to share on Reddit (Opens in new window), Click to share on Twitter (Opens in new window), Former Boulder police officer John Smyly takes temporary civilian position with sheriffs office, Applications being accepted for vacancy created by Boulder County judges death, Man charged with hiding explosive in suitcase at Lehigh Valley airport; Allegiant flight was bound for Florida, Defendant in Boulder peeping incidents pleads guilty, Police investigate another phone threat to Boulder High, Brought to you by Prairie Mountain Publishing, who resigned after pointing a gun at a Black Naropa student, Boulder police investigating overnight shooting, suspect still at large, Years later, Boulder officials look for compromise as affordable housing promise at former Fruehaufs site still unfulfilled, Colorado grocery stores can begin selling wine on Wednesday, Denver gang member gave 14-year-old permission to open fire on woman with AR-15 after fender-bender, DA alleges, 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. Now that the two candidates have been determined for the runoff election for Chicago mayor, more of the aldermanic races are becoming clearer. Read more here. 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 police said there is no evidence Atkinson was racially profiled. ABC7 New York 24/7 Eyewitness News . Put that down, Smyly said on the tape. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo., detained him in March, 2019. John is not enjoying the spotlight or controversy and understands it is necessary for him to leave. Im picking up trash! The citizens of Boulder should be outraged that Boulder either doesnt have the ability or the will to fire this officer and root out discrimination from this police department.. That's when the tense 22-minute stand-off ends. 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. 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. Boulder Police Officer Resigns After Confronting Black Man Picking Up Trash, News That Matters, Delivered To Your Inbox. When our staff interviewed the candidates for this term position, Smyly was the best qualified applicant. 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. TwoFeather. 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. John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. Atkinson repeatedly said he had not done anything wrong. Under the agreement, Smyly resigned his police role on May 9 but will remain an employee through February without performing any work. Im picking up trash! You want to know what is really going on these days, especially in Colorado. But Carr did elaborate on the decision not to fire or suspend Smyly in the statement. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. (Antonio Perez / 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. On the video, Atkinson responds by shouting: Thats a gun! 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