The report concluded Smyly violated department policy during the encounter with Atkinson. 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. 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. 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. My life right now is kind of restless, unsettled, he said. He. Smyly approached Atkinson on March 1 in front of the. Keyserling could not say if an officer still employed with the city would have the record included in their file. The US economy is sending mixed signals. Ex-Boulder Officer John Smyly was found in violation of department policy. Atkinson said he did and gave Smyly his Naropa student ID. The former Boulder police officer who resigned after pointing a gun at a Black Naropa student has agreed to leave his temporary civilian position with the Boulder County Sheriffs Office after complaints from the Boulder County NAACP chapter. Smyly 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. On the video, Atkinson responds by shouting: Thats a gun! When Zayde Atkinson refuses, Smyly threatens to tase him. (John J. Kim / Chicago Tribune). Under the agreement, Smyly resigned his police role on May 9 but will remain an employee through February without performing any work. Investigators found Smyly violated two department policies: police authority and public trust and conduct, the city attorney said. Boulder police said there is no evidence Atkinson was racially profiled. (John J. Kim/Chicago Tribune). 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. 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. CPR's Joella Baumann contributed to this report. As part of the settlement agreement between Smyly and the City of Boulder his file "will document separation from employment due to resignation.". 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 . 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. TribLIVE's Daily and Weekly email newsletters deliver the news you want and information you need, right to your inbox. 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. 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. They give brief insights into our people and places, our flora and fauna, and our past and present, from every corner of Colorado. When Smyly asked for an address and date of birth, Atkinson walked away and began to pick up trash again. 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. He tries to make his victim sit like a dog, for no reason other than to assert dominance over him. One officer can be seen holding a rifle; the investigative summary says the weapon fires bean bags. 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. . 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. Im picking up trash, and youre holding a gun!. Since Live PD and Cops was cancelled, James Freeman does LIVE STREAMING COP WATCHES. TwoFeather. City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinsons race. He has agreed to immediately seek other employment outside of the county government.. Finally, police confirm his story by asking someone else if he does, in fact, live there. Smyly said he noticed Atkinson on the rear patio and wanted to see if he lived or worked there. Thats my fault, I take responsibility. John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. "Give him his ID back and we're outta here," one of the officers is heard saying. 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. This was very difficult because John has not violated any policies here and has been a very productive, pleasant employee. 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. More officers -- 8 in total -- eventually arrived, some with guns drawn. Gen Z Voices: Attending school on a tribal reservation, and outside of it, led Aidan Gover to discover the disparities in education. 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. Whats next after moving on from Patrick Kane? Smyly asked for Atkinsons date of birth. 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. Its the day after Election Day. 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. You are also agreeing to our Terms of Service and Privacy Policy. ", 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. Copyright 2023 KABC Television, LLC. 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. Im picking up trash! Atkinson refused, then picked up the bucket and tool and walked away. Read more here. If you or I were to do this, we would be criminally charged. Read more here. 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. One of the officers involved in the latter scenario, John Smyly, resigned from the BPD earlier this month. The footage shows Smyly investigating Atkinson for trespassing. Smyly asked for Atkinsons date of birth. Atkinson said he did, and Smyly asked for identification with the address on it. 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 . Now that the two candidates have been determined . If you or I were to do this, we would be criminally charged. 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New video shows moment Boulder officer pulled gun on black man picking up trash in own yard. The Boulder Chapter of the NAACP, which emailed the Camera about the hire, decried Smylys hiring in a statement. 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. Whether movers in Fort Collins are helping you Mitchell Byars has been reporting for the Daily Camera since 2011, covering breaking news and courts. Boulder Police Officer Resigns After Confronting Black Man Picking Up Trash, News That Matters, Delivered To Your Inbox. 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. He did not mention the incident in his resignation letter. Smyly, a 14-year veteran of the Boulder Police Department had no prior disciplinary action, it was. 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. By. Living at Kimberly Court can seem like living in the most convenient location in Boulder. 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. The shooting was one of the deadliest . The Moving can be an exciting experience. "How do you feel, officer? The man he tried to bully and intimidate, Zayde Atkinson, NEVER gave in. Western Pennsylvania's trusted news source. Not for the "stupid price" of $150 an acre foot. In an effort to keep our community informed, we are now publishing some press peleases in whole. The results of that review will not affect the settlement agreement. 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. (Facebook . 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. 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. YouTube file photo 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.. A phone number for Smyly could not be located Thursday. 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. 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. We would immediately lose our jobs.. 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. We would immediately lose our jobs.. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. ", Memorial services set to begin for Bishop David O'Connell, World of Barbie to open next month at Santa Monica Place, 5 Freeway through the Grapevine reopens, CHP escorting traffic. 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. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. This was a temporary, non-enforcement job with no public contact or representation. 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. 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. Im picking up trash! A Kentucky man charged in the deaths of three law enforcement officers during an ambush in a small Appalachian town has been found dead in his jail cell. The job was publicly posted in 2019, Wagner said. Atkinson gave Smyly his Naropa student ID, but it did not have his address or date of birth. John is not enjoying the spotlight or controversy and understands it is necessary for him to leave. ABC7 New York 24/7 Eyewitness News . He has agreed to immediately seek other employment outside of the county government. After about eight minutes, more officers arrive and form a loose half circle around Atkinson. Stop!. Chicago Tribune editors' top story picks, delivered to your inbox each afternoon. We looked at this through the lens of safety and exposure. If you or I were to do this, we would be criminally charged. Based upon this investigation and concerns it raised, the Boulder Police Department will be initiating additional officer training concerning effective de-escalation of incidents, the department wrote in a release. 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. But Carr did elaborate on the decision not to fire or suspend Smyly in the statement. 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