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. 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. 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. According to the report, Smyly asked Atkinson whether he lived in the building, which was Naropa student housing. Since Live PD and Cops was cancelled, James Freeman does LIVE STREAMING COP WATCHES. Not for the "stupid price" of $150 an acre foot. Obviously, I still have things to learn. Stop!. He tries to make his victim sit like a dog, for no reason other than to assert dominance over him. 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. But Carr did elaborate on the decision not to fire or suspend Smyly in the statement. 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. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. Atkinson refused, then picked up the bucket and tool and walked away. 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. 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. John Smyly has been working as a Officer John at Boulder Valley School District for 9 years. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. 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. Part of HuffPost News. 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. 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. All Rights Reserved. My life right now is kind of restless, unsettled, he said. Under a settlement with the city, Smyly will remain on Boulder's payroll until February 2020. City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. This was a temporary, non-enforcement job with no public contact or representation. Former officer John Smyly will continue to have an unblemished history with the Boulder Police Department. 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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. When Zayde continues to refuse to be John Smyly's b****, Smyly brandished a fire arm to try to further intimidate his victim into compliance. The Lookout is a free, daily email newsletter with news and happenings from all over Colorado. Atkinson, 26, said he believes Smyly should have been fired immediately. 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? The footage shows Smyly investigating Atkinson for trespassing. 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. 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. Newly-released. 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.. 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. Smyly said he noticed Atkinson on the rear patio and wanted to see if he lived or worked there. In an effort to keep our community informed, we are now publishing some press peleases in whole. He did not mention the incident in his resignation letter. 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. Boulder officials did not immediately return a request for how much Smyly would be paid during his time on leave. Copyright 2023 KABC Television, LLC. How do you feel?" 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. Your hand is on your weapon and youre gonna shoot me, Atkinson shouted. 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Now that the two candidates have been determined . 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. Simon and Sally Glass say findings vindicate their belief that their son was murdered by Clear Creek County sheriff's deputies. 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. The city on Thursday announced the settlement but did not include the terms in a news release. 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. Atkinson said he did, and Smyly asked for identification with the address on it. but it can also be stressful. Atkinson provided his school ID, which did not have an address and then offered to let himself into the building as proof. 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. 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. Put that down, Smyly said on the tape. 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 gave Smyly his Naropa student ID, but it did not have his address or date of birth. Smyly said he noticed Atkinson on the rear patio and wanted to see if he lived or worked there. 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. 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, 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. (Tribune photo by Nancy Stone). 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. "My life right now is kind of restless, unsettled," he said. Atkinson repeatedly said he had not done anything wrong. "My life right now is kind of restless, unsettled," he . You can read the full agreement below. Ultimately, I approved the hire. After about eight minutes, more officers arrive and form a loose half circle around Atkinson. Im picking up trash, and youre holding a gun!. After about eight minutes, more officers arrive and form a loose half circle around Atkinson. The report indicated none of the officers, including Smyly, ever pointed a gun or stun gun at Atkinson. (John J. Kim / Chicago Tribune). The footage shows Smyly investigating Atkinson for trespassing. Incumbent Daniel La Spata nears outright victory but may face Sam Royko in runoff, while Proco Joe Moreno falls short, Seat held by Ald. Smyly resigned prior to the conclusion of the disciplinary process, but police indicated the process would have likely resulted in suspension or termination. 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. City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. Ex-Boulder Officer John Smyly was found in violation of department policy. Atkinson refused, then picked up the bucket and tool and walked away. Oyeneyin was handcuffed and detained in his own home after police responded to a burglar alarm in process. City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinsons race. 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. 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. 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. Thats what youre gonna do, officer? If you or I were to do this, we would be criminally charged. 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. 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. Our newsletters bring you a closer look at the stories that affect you and the music that inspires you. One officer can be seen holding a rifle; the investigative summary says the weapon fires bean bags. 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. 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. The results of that review will not affect the settlement agreement. Read more here. 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. Thats what youre gonna do, officer? "I'm just checking to make sure that you have a right to be here, that's all. We did not see any opportunity for harm. 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. Read more here. 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. Investigators found Smyly violated two department policies: police authority and public trust and conduct, the city attorney said. 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. ", 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. You want to know what is really going on these days, especially in Colorado. Its the day after Election Day. 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. "Shouldn't that be enough for you?". Atkinson later reached a settlement with the city. Smyly asked for Atkinsons date of birth. Smyly asked for Atkinsons date of birth. That's when the tense 22-minute stand-off ends. Finally, police confirm his story by asking someone else if he does, in fact, live there. Whats next after moving on from Patrick Kane? 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