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. 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. As part of the settlement agreement between Smyly and the City of Boulder his file "will document separation from employment due to resignation.". TwoFeather. 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. "My life right now is kind of restless, unsettled," he . 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. Ex-Boulder Officer John Smyly was found in violation of department policy. 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. 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.. This was a temporary, non-enforcement job with no public contact or representation. ", 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. Smyly asked for Atkinsons date of birth. (Tribune photo by Nancy Stone). 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. 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. Smyly said he noticed Atkinson on the rear patio and wanted to see if he lived or worked there. He did not mention the incident in his resignation letter. The investigation found officer John Smyly violated two department policies and found no evidence to support a claim of racial profiling. On the video, Atkinson responds by shouting: Thats a gun! Stop!. Newly-released. . 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. 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. 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. 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. When Smyly asked for an address and date of birth, Atkinson walked away and began to pick up trash again. Opinion: Colorado farms going fallow? He tries to make his victim sit like a dog, for no reason other than to assert dominance over him. A phone number for Smyly could not be located Thursday. ABC7 New York 24/7 Eyewitness News Stream, a black man confronted by a Boulder police officer. Thats what youre gonna do, officer? The city on Thursday announced the settlement but did not include the terms in a news release. Finally, police confirm his story by asking someone else if he does, in fact, live there. 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. Listen now. 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. At one point the officer says, "you're probably going to get tased.". Here's what else is happening today. 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. 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. He has agreed to immediately seek other employment outside of the county government.. Wake up to the day's most important news. 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. 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. 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 officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. Boulder Valley School District. 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.. We will try to b his position and transfer the work and have him finish the projects he has in progress on our RMS replacement so that we dont have to start over. That's when the tense 22-minute stand-off ends. ", "I just told you I lived here and I told you that I'm working as well," 26-year-old Zayd Atkinson responded. While it found Smyly violated department policy, the report indicated there was not enough evidence to support racial bias being a factor. If you or I were to do this, we would be criminally charged. Smyly told the department he could not tell what race Atkinson was when he first saw him. One officer can be seen holding a rifle; the investigative summary says the weapon fires bean bags. 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. 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. Atkinson said he did, and Smyly asked for identification with the address on it. CPR's Joella Baumann contributed to this report. Boulder police said there is no evidence Atkinson was racially profiled. 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. 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. . 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. Read more here. Copyright 2023 KABC Television, LLC. He said he has had trouble sleeping and spends time outdoors or with friends to calm him. as they address charges against an Oak Lawn police officer Feb. 15, 2023. . 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. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo., detained him in March, 2019. 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 resigned prior to the conclusion of the disciplinary process, but police indicated the process likely would have resulted in suspension or termination. 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 says funding is key. Obviously, I still have things to learn.. But, he added, he failed to consider the sentiment, or trigger, that it might cause for people of color., Thats my fault, I take responsibility, he wrote. 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. When Smyly asked for an address and date of birth, Atkinson walked away and began to pick up trash again. My life right now is kind of restless, unsettled, he said. The footage shows Smyly investigating Atkinson for trespassing. Since Live PD and Cops was cancelled, James Freeman does LIVE STREAMING COP WATCHES. ABC7 New York 24/7 Eyewitness News . We did not see any opportunity for harm, he wrote. The officer, John Smyly, resigned with a severance package, as the City Council and community members were troubled by the incident. Patrick von Keyserling, communications director for the city, confirmed that the results of the internal investigation will not go into his file. 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. Atkinson refused, then picked up the bucket and tool and walked away. 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. 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. Your hand is on your weapon and youre gonna shoot me, Atkinson shouted. Atkinson provided his school ID, which did not have an address and then offered to let himself into the building as proof. Such is the case of Boulder, Colo., police officer John Smyly over his interaction with Zayd Atkinson on March 1st this year. 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.. 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. TribLIVE's Daily and Weekly email newsletters deliver the news you want and information you need, right to your inbox. "Shouldn't that be enough for you?". Atkinson provided his school ID, which did not have an address and then offered to let himself into the building as proof. 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 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. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. Smyly, who had been on paid administrative leave since the incident, resigned prior to the conclusion of the disciplinary process, but police indicated the process would have likely resulted in suspension or termination. All Rights Reserved. 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. 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 . Its the day after Election Day. 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 exchange between Officer Smyly and Mr. Atkinson does not represent the professionalism of the Boulder Police Department nor the community Boulder desires to be. 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. He tries to make his victim sit like a dog, for no reason other than to assert dominance over him. He has agreed to immediately seek other employment outside of the county government. 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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. Whether movers in Fort Collins are helping you Mitchell Byars has been reporting for the Daily Camera since 2011, covering breaking news and courts. Now that the two candidates have been determined for the runoff election for Chicago mayor, more of the aldermanic races are becoming clearer. 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. And remember, for the latest breaking news in Chicago, visit chicagotribune.com/breaking and sign up to get our alerts on all your devices. City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinsons race. 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. Boulder Police Officer Resigns After Confronting Black Man Picking Up Trash, News That Matters, Delivered To Your Inbox. Im picking up trash, and youre holding a gun!. ", 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. Living at Kimberly Court can seem like living in the most convenient location in Boulder. That's when the tense 22-minute stand-off ends. Your hand is on your weapon and youre gonna shoot me, Atkinson shouted. Atkinson gave Smyly his Naropa student ID, but it did not have his address or date of birth. Simon and Sally Glass say findings vindicate their belief that their son was murdered by Clear Creek County sheriff's deputies. The Moving can be an exciting experience. (Giannis Papanikos/AP). By submitting your email to receive this newsletter, you agree to our. 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. On the video, Atkinson responds by shouting: Thats a gun! Now that the two candidates have been determined . 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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. All rights reserved. Atkinson said he did, and Smyly asked for identification with the address on it. 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. According to the report, Smyly asked Atkinson whether he lived in the building, which was Naropa student housing. "Shouldn't that be enough for you?". "I'm just checking to make sure that you have a right to be here, that's all. John is not enjoying, agreed to immediately seek other employment outside of the county government. Thats what youre gonna do, officer? When Smyly asked for an address and date of birth, Atkinson walked away and began to pick up trash again. 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. John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. 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. We would immediately lose our jobs.. 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. 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 tries to make his victim sit like a dog, for no reason other than to assert dominance over him. The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. Read more here. 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. Embattled NC sheriff resigns again before DA details accusations against him in court. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo., detained him in March, 2019. Boulder officials did not immediately return a request for how much Smyly would be paid during his time on leave. City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. Kazeem Oyeneyin answers the door at his home in Raleigh, N.C., on Aug. 17. The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. It takes a good days drive to cover Colorado, but well help you do it in a few minutes. Investigators found Smyly violated two department policies: police authority and public trust and conduct, the city attorney said. Venus, the moon, Mars, and Jupiter are all visible in the eastern sky above Lake Michigan before sunrise June 23, 2022, in Chicago. 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. It's like Live PD, except actually live, and without the \"cops can do no wrong\" bias.music in this videoLove Is Blind (Instrumental Version) - Coma Svenssonhttps://www.youtube.com/watch?v=u78BBpHcz44Wasted Education - Blue Topazhttps://www.youtube.com/watch?v=dqmKzeeDj54 Newly-released . He. 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 we have no proof that racial bias was a motivating factor, the internal affairs investigation resulted in sustained violations of police policies.. 2023 Colorado Public Radio. 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. 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