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 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." Here's what else is happening today. 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. Read more here. 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. 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. 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. "I'm just checking to make sure that you have a right to be here, that's all. The Boulder Chapter of the NAACP, which emailed the Camera about the hire, decried Smylys hiring in a statement. Recordings emerged of Greene referring to deputies in his department as "Black bastards" and "snakes.". But Carr did elaborate on the decision not to fire or suspend Smyly in the statement. We would immediately lose our jobs.. Simon and Sally Glass say findings vindicate their belief that their son was murdered by Clear Creek County sheriff's deputies. Sheriff Pelle might be surprised if he were to poll his Black employees the limited number he has to hear their position on Smyly being hired after Smylys racist incident as an officer, Darren OConnor wrote in an email on behalf of the local NAACP chapter. Smyly approached Atkinson on March 1 in front of the. City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinson's race. Obviously, I still have things to learn. 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 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. One officer can be seen holding a rifle; the investigative summary says the weapon fires bean bags. Newly-released . 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. 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 has agreed to immediately seek other employment outside of the county government.. Living at Kimberly Court can seem like living in the most convenient location in Boulder. ", "I just told you I lived here and I told you that I'm working as well," 26-year-old Zayd Atkinson responded. Put that down, Smyly said on the tape. He did not mention the incident in his resignation letter. Atkinson said he did and gave Smyly his Naropa student ID. We looked at this through the lens of safety and exposure. Officer John Smyly (Photo: Boulder Police Department) 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. Atkinson repeatedly said he had not done anything wrong. 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. as they address charges against an Oak Lawn police officer Feb. 15, 2023. . 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 one point the officer says, "you're probably going to get tased.". 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. You want to know what is really going on these days, especially in Colorado. The US economy is sending mixed signals. The independent review, conducted by former U.S. Attorney for the District of Colorado, Bob Troyer, will soon be released by the city. 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. "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). 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. 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. "Give him his ID back and we're outta here," one of the officers is heard saying. By submitting your email to receive this newsletter, you agree to our. Im picking up trash! ", "I just told you I lived here and I told you that I'm working as well," 26-year-old Zayd Atkinson responded. They give brief insights into our people and places, our flora and fauna, and our past and present, from every corner of Colorado. 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. After about eight minutes, more officers arrive and form a loose half circle around Atkinson. 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. 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. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. Part of HuffPost News. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. The report indicated none of the officers, including Smyly, ever pointed a gun or stun gun at Atkinson. Put that down, Smyly said on the tape. Former officer John Smyly will continue to have an unblemished history with the Boulder Police Department. All Rights Reserved. 2023 Colorado Public Radio. At one point the officer says, "you're probably going to get tased.". 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. "Shouldn't that be enough for you?". 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 . City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. 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. He tries to make his victim sit like a dog, for no reason other than to assert dominance over him. After about eight minutes, more officers arrive and form a loose half circle around Atkinson. If you or I were to do this, we would be criminally charged. John Smyly Current Workplace. As part of the settlement agreement between Smyly and the City of Boulder his file "will document separation from employment due to resignation.". When Smyly asked for an address and date of birth, Atkinson walked away and began to pick up trash again. 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. 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. 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. Smyly was allowed to resign, and is likely working for another department at this time. He has agreed to immediately seek other employment outside of the county government. 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.. 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. According to the report, Smyly asked Atkinson whether he lived in the building, which was Naropa student housing. 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. Smyly resigned prior to the conclusion of the disciplinary process, but police indicated the process likely would have resulted in suspension or termination. Video of the incident from Smyly's body camera shows him detaining . You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. Smyly asked for Atkinsons date of birth. He has agreed to immediately seek other employment outside of the county government. By. 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. 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. 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. The officer in Boulder left under an agreement that lets him collect salary despite violating department policies. While we have no proof that racial bias was a motivating factor, the internal affairs investigation resulted in sustained violations of police policies.. 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. 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. He will leave as soon as possible, When our staff interviewed the candidates for this term position, 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, discussion. 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.. Newly-released body camera video shows how it all started. 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 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. ", 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. 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. John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. Not today.. 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.. 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. The term position John fills is in an unsworn, civilian position, and is not in a public-facing role, Wagner wrote in an email to the Camera. 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. Its the day after Election Day. 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