Atkinson repeatedly said he had not done anything wrong. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. Investigators found Smyly violated two department policies: police authority and public trust and conduct, the city attorney said. Since Live PD and Cops was cancelled, James Freeman does LIVE STREAMING COP WATCHES. 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. When Smyly asked for an address and date of birth, Atkinson walked away and began to pick up trash again. (John J. Kim/Chicago Tribune). John is not enjoying the spotlight or controversy and understands it is necessary for him to leave. "I will not sit down, I refuse to sit down, until you guys put your (expletive) weapons away," Atkinson said. . Wagner said the office did not have any comment about Smylys history with Boulder police because the job isnt as an officer/deputy or in any way related to police officer/law enforcement duties., 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.. (John J. Kim / Chicago Tribune). 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. Atkinson said he did, and Smyly asked for identification with the address on it. 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. CPR's Joella Baumann contributed to this report. He. Now that the two candidates have been determined for the runoff election for Chicago mayor, more of the aldermanic races are becoming clearer. 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. 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. The footage shows Smyly investigating Atkinson for trespassing. Chicago Tribune editors' top story picks, delivered to your inbox each afternoon. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo., detained him in March, 2019. Boulder County Sheriffs Division Chief Mike Wagner said the job is a civilian position helping with the offices records and jail management computer systems replacement project. 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. Newly-released body camera video shows how it all started. Newly-released. When Zayde Atkinson refuses, Smyly threatens to . City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. Atkinson said he did and gave Smyly his Naropa student ID. New video shows moment Boulder officer pulled gun on black man picking up trash in own yard. Patrick von Keyserling, communications director for the city, confirmed that the results of the internal investigation will not go into his file. He said he has had trouble sleeping and spends time outdoors or with friends to calm him. Smyly asked for Atkinsons date of birth. Officer John Smyly (Photo: Boulder Police Department) The Moving can be an exciting experience. Under the agreement, Smyly resigned his police role on May 9 but will remain an employee through February without performing any work. 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. John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. 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. The report concluded Smyly violated department policy during the encounter with Atkinson. Living at Kimberly Court can seem like living in the most convenient location in Boulder. 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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. 2023 BuzzFeed, Inc. All rights reserved. Your hand is on your weapon and youre gonna shoot me, Atkinson shouted. Rossana Rodriguez Sanchez declares victory over political machine, Billionaires son emerges as winner, set on addressing crime and development, Embattled Ald. 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. 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. One officer can be seen holding a rifle; the investigative summary says the weapon fires bean bags. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. Part of HuffPost News. Stop!. The shooting was one of the deadliest . 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. 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. The contact evolved into a stop and detainment that caused multiple officers to respond. He tries to make his victim sit like a dog, for no reason other than to assert dominance over him. "How do you feel, officer? 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. Not today.. Tracking the Chicago Blackhawks moves before the NHL trade deadline. 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. The Lookout is a free, daily email newsletter with news and happenings from all over Colorado. We can help you keep up. You want to know what is really going on these days, especially in Colorado. "Give him his ID back and we're outta here," one of the officers is heard saying. 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. 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. 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. Atkinson gave Smyly his Naropa student ID, but it did not have his address or date of birth. They give brief insights into our people and places, our flora and fauna, and our past and present, from every corner of Colorado. At one point the officer says, "you're probably going to get tased.". 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. Atkinson, 26, said he believes Smyly should have been fired immediately. 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. Investigators found Smyly violated two department policies: police authority and public trust and conduct, the city attorney said. We did not see any opportunity for harm. "I couldn't help but notice you sitting on the patio out there," officer John Smyly says in the video. The subject officer did not have probable cause to charge Mr. Atkinson with any crime. One officer can be seen holding a rifle; the investigative summary says the weapon fires bean bags. "I will not sit down, I refuse to sit down, until you guys put your (expletive) weapons away," Atkinson said. City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinsons race. Your hand is on your weapon and youre gonna shoot me, Atkinson shouted. According to the report, Smyly asked Atkinson whether he lived in the building, which was Naropa student housing. 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. Obviously, I still have things to learn.. pleasant employee. Thats what youre gonna do, 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. ", "I just told you I lived here and I told you that I'm working as well," 26-year-old Zayd Atkinson responded. 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. We failed to consider the sentiment, or trigger that it might cause for people of color. Smyly resigned prior to the conclusion of the disciplinary process, but police indicated the process likely would have resulted in suspension or termination. 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. Atkinsons attorney did not respond to requests for comment. The settlement allowed the city to provide the community information more quickly, and it transitioned Officer Smyly out of a law enforcement career.. When Smyly asked for an address and date of birth, Atkinson walked away and began to pick up trash again. Atkinson provided his school ID, which did not have an address and then offered to let himself into the building as proof. 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. "I couldn't help but notice you sitting on the patio out there," officer John Smyly says in the video. (Tribune photo by Nancy Stone). 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. "Shouldn't that be enough for you?". 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. You are also agreeing to our Terms of Service and Privacy Policy. Atkinson provided his school ID, which did not have an address and then offered to let himself into the building as proof. Cubs pitcher Drew Smyly is introduced at the opening ceremony of the Cubs Convention at the Sheraton Grand Chicago, Jan. 13, 2023, in Chicago. 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. Im not tryi. The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. Sign up here and we will see you in the morning! 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. Read more here. Atkinson later reached a settlement with the city. Put that down, Smyly said on the tape. 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." The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. As part of a settlement with the city, Smyly remained under city employment until February as he exhausted accrued holiday, sick and administrative leave. 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. 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. Former officer John Smyly will continue to have an unblemished history with the Boulder Police Department. but it can also be stressful. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. Atkinson refused, then picked up the bucket and tool and walked away. TV Q&A: Is a Pittsburgher writing for CBSs East New York? Copyright 2023 WABC-TV. 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. Kazeem Oyeneyin answers the door at his home in Raleigh, N.C., on Aug. 17. John is not enjoying the spotlight or controversy and understands it is necessary for him to leave. 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. Atkinson repeatedly said he had not done anything wrong. After about eight minutes, more officers arrive and form a loose half circle around Atkinson. 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. According to the report, Atkinson raised his voice and Smyly felt threatened by the trash grabber and drew his stun gun. 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. 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. More officers -- 8 in total -- eventually arrived, some with guns drawn. 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. Cubs pitcher Drew Smyly is introduced at the opening ceremony of the Cubs Convention at the Sheraton Grand Chicago, Jan. 13, 2023, in Chicago. If you or I were to do this, we would be criminally charged. 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. 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. Video of the incident from Smyly's body camera shows him detaining . "I'm just checking to make sure that you have a right to be here, that's all. 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. 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. 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. We have concluded this hire was not helpful to our equity work, and I wish to inform you of the resolution to the issue. Incumbent Daniel La Spata nears outright victory but may face Sam Royko in runoff, while Proco Joe Moreno falls short, Seat held by Ald. 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.. Put that down, Smyly said on the tape. He says funding is key. 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. 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. In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. 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. 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. He said he has had trouble sleeping and spends time outdoors or with friends to calm him. Ex-Boulder Officer John Smyly was found in violation of department policy. It takes a good days drive to cover Colorado, but well help you do it in a few minutes. 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? Whats next after moving on from Patrick Kane? ", 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. "Well I believe that this man had approached me because I'm a black male in an all-white town," Atkinson said later. 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 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 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. John Smyly Current Workplace. 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 . 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. 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. John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. All rights reserved. Your hand is on your weapon and youre gonna shoot me, Atkinson shouted. 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. John is not enjoying the spotlight or controversy and understands it is necessary for him to leave. 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. Smyly told the department he could not tell what race Atkinson was when he first saw him. 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. On the video, Atkinson responds by shouting: Thats a gun! 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'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. My life right now is kind of restless, unsettled, he said. 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 officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. He did not mention the incident in his resignation letter. says Zayd Atkinson, while officer threatens to taze him, puts hand on gun, then 7 more arrive, all while Atkinson pick up trash at his residence. Smyly asked for Atkinsons date of birth. Boulder police said there is no evidence Atkinson was racially profiled. 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. Subscribe to more newsletters | COVID-19 tracker | Compare home values by ZIP code | Puzzles & Games | Daily horoscope | Ask Amy, 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. His stun gun: is a free, daily email newsletter with news and happenings from all over.. He did, and it transitioned officer Smyly out of a law enforcement..! Officials who found he had not done anything wrong James Freeman does Live cop... Are just minutes from Greenwood & Myers Mortuary is the first choice for many families when are. 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