"Shouldn't that be enough for you?". According to the report, Smyly asked Atkinson whether he lived in the building, which was Naropa student housing. On the video, Atkinson responds by shouting: Thats a gun! "Well I believe that this man had approached me because I'm a black male in an all-white town," Atkinson said later. (Antonio Perez / Chicago Tribune). Its the day after Election Day. 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. 2023 Trib Total Media | All Rights Reserved. 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. 2023 Colorado Public Radio. A phone number for Smyly could not be located Thursday. Your hand is on your weapon and youre gonna shoot me, Atkinson shouted. The contact evolved into a stop and detainment that caused multiple officers to respond. Atkinson, 26, said he believes Smyly should have been fired immediately. 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. 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. 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. 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. We did not see any opportunity for harm. 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. 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. Smyly was hired by the sheriffs office in January on a two-year term position as a civilian training and development coordinator in the sheriffs computer support unit. 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. The officer in Boulder left under an agreement that lets him collect salary despite violating department policies. Patrick von Keyserling, communications director for the city, confirmed that the results of the internal investigation will not go into his file. Boulder Valley School District. 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. 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. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. 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. 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. The Moving can be an exciting experience. TribLIVE's Daily and Weekly email newsletters deliver the news you want and information you need, right to your inbox. John is not enjoying the spotlight or controversy and understands it is necessary for him to leave. Thats what youre gonna do, officer? 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. 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. Rossana Rodriguez Sanchez declares victory over political machine, Billionaires son emerges as winner, set on addressing crime and development, Embattled Ald. 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. The incident has resulted in Boulder City Council forming a committee to explore a police oversight committee, while the incident is still under an independent review. Former officer John Smyly will continue to have an unblemished history with the Boulder Police Department. He. 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. Under the agreement, Smyly resigned his police role on May 9 but will remain an employee through February without performing any work. Finally, police confirm his story by asking someone else if he does, in fact, live there. Living at Kimberly Court can seem like living in the most convenient location in Boulder. Smyly asked for Atkinsons date of birth. Boulder officials did not immediately return a request for how much Smyly would be paid during his time on leave. 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. Atkinson provided his school ID, which did not have an address and then offered to let himself into the building as proof. Boulder Police Officer Resigns After Confronting Black Man Picking Up Trash, News That Matters, Delivered To Your Inbox. As part of a settlement with the city, Smyly remained under city employment until February as he exhausted accrued holiday, sick and administrative leave. 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. 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. Copyright 2023 KABC Television, LLC. 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 police said it could not support a claim of racial profiling in the encounter, but Smyly was found to have violated two department policies. Im picking up trash! Atkinson repeatedly said he had not done anything wrong. 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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. (Tribune photo by Nancy Stone). You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. Put that down, Smyly said on the tape. 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. Read more here. 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. Im not tryi. You are also agreeing to our Terms of Service and Privacy Policy. 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. 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.. 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. John Smyly has been working as a Officer John at Boulder Valley School District for 9 years. In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. The report indicated none of the officers, including Smyly, ever pointed a gun or stun gun at Atkinson. At one point the officer says, "you're probably going to get tased.". Whether movers in Fort Collins are helping you Mitchell Byars has been reporting for the Daily Camera since 2011, covering breaking news and courts. He said he has had trouble sleeping and spends time outdoors or with friends to calm him. Embattled NC sheriff resigns again before DA details accusations against him in court. "I'm just checking to make sure that you have a right to be here, that's all. Gen Z Voices: Attending school on a tribal reservation, and outside of it, led Aidan Gover to discover the disparities in education. 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. 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. Atkinson said he did, and Smyly asked for identification with the address on it. Chicago Tribune editors' top story picks, delivered to your inbox each afternoon. Im picking up trash! While it found Smyly violated department policy, the report indicated there was not enough evidence to support racial bias being a factor. Smyly said he noticed Atkinson on the rear patio and wanted to see if he lived or worked there. Incumbent Daniel La Spata nears outright victory but may face Sam Royko in runoff, while Proco Joe Moreno falls short, Seat held by Ald. 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.. Smyly asked for Atkinsons date of birth. This was, We failed to consider the sentiment, or tr, equity training and discussions and are committed to, and working with county staff on whatever tools might help us in those, Evolving Doors Dance Moving Through: Bodies, Music, Images, Experience, Boulder County Neighbors Come Together to Support Former Lyons Resident After Racist Facebook Comments Spark Tension | Press Release, SF1 Birthday Bash at Ophelias Electric Soapbox, square product theatre presents return of Greg Woheads Celebration, Florida, Colorado county buys controversial phone-hacking tech using money meant to treat, prevent drug addiction, Impacted Residents Petition Continuous Air Quality Monitoring | Open Letter to the Erie Board of Trustees, On holding Bidens feet to the fire, disproportionate policing, and white supremacists: the Colorado Capitol on Inauguration Day 2021, Impeach Trump Car Parade and Rally: January 10th | Kenneth Wajda Photos, Former sheriffssergeant arrested for using excessive force | Press Release, NAACP Boulder County Letter to Boulder City Council on Police Accountability and Housing for Homeless during the Pandemic. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo., detained him in March, 2019. This was very difficult because John has not violated any policies here and has been a very productive, pleasant employee. He did not mention the incident in his resignation letter. If you or I were to do this, we would be criminally charged. Read more here. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo., detained him in March, 2019. 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) When our staff interviewed the candidates for this term position, Smyly was the best qualified applicant. 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. 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. New video shows moment Boulder officer pulled gun on black man picking up trash in own yard. 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. 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. 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 . He did not mention the incident in his resignation letter. After about eight minutes, more officers arrive and form a loose half circle around Atkinson. All Rights Reserved. The man he tried to bully and intimidate, Zayde Atkinson, NEVER gave in. Atkinson, 26, said he believes Smyly should have been fired immediately. 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. Investigators found Smyly violated two department policies: police authority and public trust and conduct, the city attorney said. They also asked Pelle to extend an invitation to Smyly from the NAACP to participate in a healing justice model, modeled after the restorative justice process used in the criminal justice system. The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. The shooting was one of the deadliest . When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. but it can also be stressful. Now that the two candidates have been determined . Rescuers searched through the burned-out wreckage of two trains that slammed into each other in northern Greece. My life right now is kind of restless, unsettled, he said. 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. Atkinsons attorney did not respond to requests for comment. By submitting your email to receive this newsletter, you agree to our. LOVELAND, Colo., Feb. 27, 2023 /PRNewswire/ -- Meyer Natural Foods, a leading provider of natural and organic proteins, announces the appointment of John Keating as the company's new Chief . 2023 BuzzFeed, Inc. All rights reserved. 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. Smyly resigned prior to the conclusion of the disciplinary process, but police indicated the process likely would have resulted in suspension or termination. Smyly said he noticed Atkinson on the rear patio and wanted to see if he lived or worked there. 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. ABC7 New York 24/7 Eyewitness News . 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. Tracking the Chicago Blackhawks moves before the NHL trade deadline. 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. 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. We w, This was very difficult because John has not violated any policies here and has been a very productive. 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. Living at Kimberly Court can seem like living in the most convenient location in Boulder. 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. "My life right now is kind of restless, unsettled," he said. "I couldn't help but notice you sitting on the patio out there," officer John Smyly says in the video. Newly-released body camera video shows how it all started. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. The independent review, conducted by former U.S. Attorney for the District of Colorado, Bob Troyer, will soon be released by the city. 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. 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. Here's what else is happening today. Under a settlement with the city, Smyly will remain on Boulder's payroll until February 2020. The job was publicly posted in 2019, Wagner said. and I wish to inform you of the resolution to the issue, Our staff spoke to John Smyly yesterday concerning the controversy over his temporary position here. Atkinson refused, then picked up the bucket and tool and walked away. Put that down, Smyly said on the tape. More officers -- 8 in total -- eventually arrived, some with guns drawn. "Give him his ID back and we're outta here," one of the officers is heard saying. Atkinson said he did, and Smyly asked for identification with the address on it. Investigators found Smyly violated two department policies: police authority and public trust and conduct, the city attorney said. 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. The footage shows Smyly investigating Atkinson for trespassing. The Boulder Chapter of the NAACP, which emailed the Camera about the hire, decried Smylys hiring in a statement. Atkinson provided his school ID, which did not have an address and then offered to let himself into the building as proof. The footage shows Smyly investigating Atkinson for trespassing. Put that down, Smyly said on the tape. 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. 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! On the video, Atkinson responds by shouting: Thats a gun! 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. 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. City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinsons race. Now that the two candidates have been determined for the runoff election for Chicago mayor, more of the aldermanic races are becoming clearer. Whats next after moving on from Patrick Kane? 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. Cubs pitcher Drew Smyly is introduced at the opening ceremony of the Cubs Convention at the Sheraton Grand Chicago, Jan. 13, 2023, in Chicago. 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 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. Stop!. 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. We failed to consider the sentiment, or trigger that it might cause for people of color. The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. According to the report, Atkinson raised his voice and Smyly felt threatened by the trash grabber and drew his stun gun. Submitting your email to receive this newsletter, you agree to our Terms of Service and Privacy.. 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