If you or I were to do this, we would be criminally charged. 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. "Give him his ID back and we're outta here," one of the officers is heard saying. 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. 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. 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. 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. He tries to make his victim sit like a dog, for no reason other than to assert dominance over him. We did not see any opportunity for harm. Atkinson said he did, and Smyly asked for identification with the address on it. One officer can be seen holding a rifle; the investigative summary says the weapon fires bean bags. 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. Such is the case of Boulder, Colo., police officer John Smyly over his interaction with Zayd Atkinson on March 1st this year. When Smyly asked for an address and date of birth, Atkinson walked away and began to pick up trash again. We w, This was very difficult because John has not violated any policies here and has been a very productive. When our staff interviewed the candidates for this term position, Smyly was the best qualified applicant. Investigators found Smyly violated two department policies: police authority and public trust and conduct, the city attorney said. By. 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. Atkinson refused, then picked up the bucket and tool and walked away. The Moving can be an exciting experience. This was very difficult because John has not violated any policies here and has been a very productive, pleasant employee. City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinsons race. 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. The settlement allowed the city to provide the community information more quickly, and it transitioned Officer Smyly out of a law enforcement career.. 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. John is not enjoying the spotlight or controversy and understands it is necessary for him to leave. ", 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. Put that down, Smyly said on the tape. 2023 Colorado Public Radio. Officer John Smyly (Photo: Boulder Police Department) Thats what youre gonna do, officer? (Antonio Perez / Chicago Tribune). City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinsons race. 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. Patrick von Keyserling, communications director for the city, confirmed that the results of the internal investigation will not go into his file. After about eight minutes, more officers arrive and form a loose half circle around Atkinson. Atkinson gave Smyly his Naropa student ID, but it did not have his address or date of birth. 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. And remember, for the latest breaking news in Chicago, visit chicagotribune.com/breaking and sign up to get our alerts on all your devices. 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. The officer was identified today as 40-year-old John Smyly, a 14-year veteran of the department with no prior disciplinary action. Ed Burke since 1969 won by Jeylu Gutierrez, Ald. Atkinson provided his school ID, which did not have an address and then offered to let himself into the building as proof. He did not mention the incident in his resignation letter. 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. 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.. Copyright 2023 KABC Television, LLC. The job was publicly posted in 2019, Wagner said. 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 did not mention the incident in his resignation letter. He can be heard saying in the body cam video, Youre probably going to get tased in a second, because you have a weapon. Smyly then drew his handgun, telling police he believed the stun gun would not be effective because Atkinson was wearing a heavy coat. 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. Stop!. They give brief insights into our people and places, our flora and fauna, and our past and present, from every corner of Colorado. "My life right now is kind of restless, unsettled," he . The officer, John Smyly, resigned with a severance package, as the City Council and community members were troubled by the incident. 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. We did not see any opportunity for harm, he wrote. He will leave as soon as possible, and we placed a written deadline on departure by the end of the year. 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. Smyly said he noticed Atkinson on the rear patio and wanted to see if he lived or worked there. 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. 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. Atkinson repeatedly said he had not done anything wrong. 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. 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. "I couldn't help but notice you sitting on the patio out there," officer John Smyly says in the video. "My life right now is kind of restless, unsettled," he said. Finally, police confirm his story by asking someone else if he does, in fact, live there. Atkinson later reached a settlement with the city. 9191 46 Comments 15 Shares Share 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. City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinson's race. 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. Obviously, I still have things to learn.. "Well I believe that this man had approached me because I'm a black male in an all-white town," Atkinson said later. All rights reserved. One officer can be seen holding a rifle; the investigative summary says the weapon fires bean bags. But an independent review of the confrontation found no impropriety in the procedures . 10-1! 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. 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. 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. John is not enjoying the spotlight or controversy and understands it is necessary for him to leave. In an effort to keep our community informed, we are now publishing some press peleases in whole. City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinsons race. John is not enjoying, agreed to immediately seek other employment outside of the county government. Recordings emerged of Greene referring to deputies in his department as "Black bastards" and "snakes.". "I'm just checking to make sure that you have a right to be here, that's all. 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! Smyly said he noticed Atkinson on the rear patio and wanted to see if he lived or worked there. Obviously, I still have things to learn. You can read the full agreement below. Under the agreement, Smyly resigned his police role on May 9 but will remain an employee through February without performing any work. Put that down, Smyly said on the tape. 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. Newly-released. When Zayde Atkinson refuses, Smyly threatens to tase him. 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. 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. When Zayde Atkinson refuses, Smyly threatens to . (Tribune photo by Nancy Stone). City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. Gen Z Voices: Attending school on a tribal reservation, and outside of it, led Aidan Gover to discover the disparities in education. 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. Our staff spoke to John Smyly yesterday concerning the controversy over his temporary position here. "How do you feel, officer? 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. Boulder Valley School District is part of the K-12 Schools industry, and located in Colorado, United States. You are also agreeing to our Terms of Service and Privacy Policy. He tries to make his victim sit like a dog, for no reason other than to assert dominance over him. All Rights Reserved. Smyly resigned prior to the conclusion of the disciplinary process, but police indicated the process would have likely resulted in suspension or termination. Tracking the Chicago Blackhawks moves before the NHL trade deadline. 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 . Ultimately, I approved the hire. 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. Atkinson said he did, and Smyly asked for identification with the address on it. 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 was picking up trash outside his dormitory when a white police officer in Boulder, Colo., detained him in March, 2019. as they address charges against an Oak Lawn police officer Feb. 15, 2023. . That's when the tense 22-minute stand-off ends. We looked at this through the lens of safety and exposure. Cubs pitcher Drew Smyly is introduced at the opening ceremony of the Cubs Convention at the Sheraton Grand Chicago, Jan. 13, 2023, in Chicago. Smyly asked for Atkinsons date of birth. Press Releases are provided to Yellow Scene. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. The Boulder Chapter of the NAACP, which emailed the Camera about the hire, decried Smylys hiring in a statement. Atkinsons attorney did not respond to requests for comment. John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. He said he has had trouble sleeping and spends time outdoors or with friends to calm him. On the video, Atkinson responds by shouting: Thats a gun! The officer then called for back-up, leading to eight officers surrounding the college student. Im picking up trash, and youre holding a gun!. One officer can be seen holding a rifle; the investigative summary says the weapon fires bean bags. New video shows moment Boulder officer pulled gun on black man picking up trash in own yard. Not for the "stupid price" of $150 an acre foot. City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. It takes a good days drive to cover Colorado, but well help you do it in a few minutes. Colorado mountain towns are exploring a lawsuit against the US Postal Service over poor service. Under the agreement, Smyly resigned his police role on May 9 but will remain an employee through February without performing any work. 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. 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. He should have slept longer.. Atkinson provided his school ID, which did not have an address and then offered to let himself into the building as proof. When Zayde Atkinson refuses, Smyly threatens to tase him. Ex-Boulder Officer John Smyly was found in violation of department policy. Im not tryi. "Shouldn't that be enough for you?". 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. TribLIVE's Daily and Weekly email newsletters deliver the news you want and information you need, right to your inbox. We failed to consider the sentiment, or trigger that it might cause for people of color. 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. 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. Letters: Proposed age limit for gun ownership in Colorado doesn't make sense, Skygazers will have a great view Wednesday of two planets that look like they are almost touching, 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. Newly-released body camera video shows how it all started. Some understood the past controversy in his role as a city police officer, so they brought this decision to some of our executive staff members, including myself, for discussion. 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. 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 . When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. Thats what youre gonna do, officer? 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. 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. Venus, the moon, Mars, and Jupiter are all visible in the eastern sky above Lake Michigan before sunrise June 23, 2022, in Chicago. Your hand is on your weapon and youre gonna shoot me, Atkinson shouted. Smyly approached Atkinson on March 1 in front of the. 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. He has agreed to immediately seek other employment outside of the county government.. Atkinson, 26, said he believes Smyly should have been fired immediately. As part of the settlement agreement between Smyly and the City of Boulder his file "will document separation from employment due to resignation.". Boulder Police Officer Resigns After Confronting Black Man Picking Up Trash, News That Matters, Delivered To Your Inbox. Kazeem Oyeneyin answers the door at his home in Raleigh, N.C., on Aug. 17. "Well I believe that this man had approached me because I'm a black male in an all-white town," Atkinson said later. The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. 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. Track SoCal rain with LIVE Megadoppler 7000 HD, a black man confronted by a Boulder police officer. 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. 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. TV Q&A: Is a Pittsburgher writing for CBSs East New York? He said he has had trouble sleeping and spends time outdoors or with friends to calm him. Newly-released . 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. Atkinson, 26, said he believes Smyly should have been fired immediately. 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. Since Live PD and Cops was cancelled, James Freeman does LIVE STREAMING COP WATCHES. The report indicated none of the officers, including Smyly, ever pointed a gun or stun gun at Atkinson. Attorney said or worked there summary says the weapon fires bean bags: police authority and public trust conduct! Against the US Postal Service over poor Service public trust and conduct, the city, confirmed the... Checking to make sure that you have a right to be here, that 's all officers, Smyly! That down, Smyly threatens to tase him to make sure that you a... Like a dog, for no reason other than to assert dominance over.! Departure by the end of the confrontation found no impropriety in the.! Asked for an address and then offered to let himself into where is officer john smyly now building as.! 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