When Zayde Atkinson refuses, Smyly threatens to . 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. Stop!. "Give him his ID back and we're outta here," one of the officers is heard saying. ", 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. By submitting your email to receive this newsletter, you agree to our. 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. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo., detained him in March, 2019. Lance Storz, 50, was found dead of an apparent suicide Tuesday morning at the Pike County Detention Center, where he was being held on three murder charges, Floyd County Sheriff John Hunt said Tuesday. 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. When Smyly asked for an address and date of birth, Atkinson walked away and began to pick up trash again. ", "I just told you I lived here and I told you that I'm working as well," 26-year-old Zayd Atkinson responded. City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. 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.. 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. Pelle wrote that his initial hiring approval was based on Smyly being the best candidate for the job, which was a temporary, non-enforcement job with no public contact or representation.. Video of the incident from Smyly's body camera shows him detaining . Stop!. (Facebook . If you or I were to do this, we would be criminally charged. Smyly was allowed to resign, and is likely working for another department at this time. Under a settlement with the city, Smyly will remain on Boulder's payroll until February 2020. On the video, Atkinson responds by shouting: Thats a gun! Cubs pitcher Drew Smyly is introduced at the opening ceremony of . The officer in Boulder left under an agreement that lets him collect salary despite violating department policies. 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.. I am not normally involved in hiring decisions. 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. 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! Newly-released body camera video shows how it all started. (John J. Kim/Chicago Tribune). 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. If you or I were to do this, we would be criminally charged. Part of HuffPost News. The city on Thursday announced the settlement but did not include the terms in a news release. Gen Z Voices: Attending school on a tribal reservation, and outside of it, led Aidan Gover to discover the disparities in education. City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. 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. Smyly, a 14-year veteran of the Boulder Police Department had no prior disciplinary action, it was. Whats next after moving on from Patrick Kane? 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. Boulder police said there is no evidence Atkinson was racially profiled. New video shows moment Boulder officer pulled gun on black man picking up trash in own yard. More officers -- 8 in total -- eventually arrived, some with guns drawn. 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. The report concluded Smyly violated department policy during the encounter with Atkinson. Watch Body Camera Video March 1, 2019 https://t.co/8NnfbXgMXX, Rae Ellen Bichell (@raelnb) May 16, 2019. Western Pennsylvania's trusted news source. ", 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. 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. Now that the two candidates have been determined . The man he tried to bully and intimidate, Zayde Atkinson, NEVER gave in. Not for the "stupid price" of $150 an acre foot. (Antonio Perez / Chicago Tribune). "My life right now is kind of restless, unsettled," he said. Listen now. On the video, Atkinson responds by shouting: Thats a gun! 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. Put that down, Smyly said on the tape. Investigators found Smyly violated two department policies: police authority and public trust and conduct, the city attorney said. Ex-Boulder Officer John Smyly was found in violation of department policy. Colorado mountain towns are exploring a lawsuit against the US Postal Service over poor service. At one point the officer says, "you're probably going to get tased.". The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. When Smyly asked for an address and date of birth, Atkinson walked away and began to pick up trash again. The Moving can be an exciting experience. 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 should have slept longer.. According to the report, Atkinson raised his voice and Smyly felt threatened by the trash grabber and drew his stun gun. 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 independent review, conducted by former U.S. Attorney for the District of Colorado, Bob Troyer, will soon be released by the city. (John J. Kim / Chicago Tribune). According to the report, Smyly asked Atkinson if he lived there. Former officer John Smyly will continue to have an unblemished history with the Boulder Police Department. 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. 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. Ed Burke since 1969 won by Jeylu Gutierrez, Ald. We assure you it had an impact, they wrote. ", 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. He said he has had trouble sleeping and spends time outdoors or with friends to calm him. New video shows moment Boulder officer pulled gun on black man picking up trash in own yard. "I will not sit down, I refuse to sit down, until you guys put your (expletive) weapons away," Atkinson said. Finally, police confirm his story by asking someone else if he does, in fact, live there. Atkinsons attorney did not respond to requests for comment. 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. 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 approached Atkinson on March 1 in front of the. John is not enjoying the spotlight or controversy and understands it is necessary for him to leave. 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. 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. 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 then told Atkinson that he was obstructing a police officer, a jailable offense. Smyly later told Atkinson that he was being detained for trespassing. 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. Your hand is on your weapon and youre gonna shoot me, Atkinson shouted. He has agreed to immediately seek other employment outside of the county government. 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. This was very difficult because John has not violated any policies here and has been a very productive, pleasant employee. By. Here's what else is happening today. When our staff interviewed the candidates for this term position, Smyly was the best qualified applicant. Police: Worker shoots, kills manager at Hobby Lobby in Oklahoma City, Harry, Meghan asked to leave Windsor Estate home in further royal rift, FBI reportedly resisted searching Trumps Mar-a-Lago for classified documents, Death toll keeps rising in Greece's deadliest train crash, After shootings, Michigan State to restrict building access, Long-lost ship found in Lake Huron, confirming tragic story, GZA, Donnie Iris, John Mayer among top concerts to see around Pittsburgh in March, How officials cracked case of eyedrops that blinded people. Atkinson later reached a settlement with the city. Smyly was hired by the sheriffs office in January on a two-year term position as a civilian training and development coordinator in the sheriffs computer support unit. Smyly said he noticed Atkinson on the rear patio and wanted to see if he lived or worked there. 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 did not see any opportunity for harm. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. When Zayde Atkinson refuses, Smyly threatens to tase him. 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.. 2023 BuzzFeed, Inc. All rights reserved. Thats what youre gonna do, officer? Atkinson said he did, and Smyly asked for identification with the address on it. The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. 9191 46 Comments 15 Shares Share 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. CPR's Joella Baumann contributed to this report. Under the agreement, Smyly resigned his police role on May 9 but will remain an employee through February without performing any work. John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. ABC7 New York 24/7 Eyewitness News Stream, a black man confronted by a Boulder police officer. 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. Read more here. "Well I believe that this man had approached me because I'm a black male in an all-white town," Atkinson said later. My life right now is kind of restless, unsettled, he said. City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. 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. "Shouldn't that be enough for you?". but it can also be stressful. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. 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. If you or I did what Officer Smyly did to Zayd Atkinson, not only would we be immediately fired, we would be criminally prosecuted, Rathod said. Im not tryi. Boulder officials did not immediately return a request for how much Smyly would be paid during his time on leave. He will leave as soon as possible, and we placed a written deadline on departure by the end of the year. Keyserling could not say if an officer still employed with the city would have the record included in their file. We failed to consider the sentiment, or trigger that it might cause for people of color. We did not see any opportunity for harm, he wrote. "My life right now is kind of restless, unsettled," he . Rescuers searched through the burned-out wreckage of two trains that slammed into each other in northern Greece. 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. On the video, Atkinson responds by shouting: Thats a gun! 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. 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. 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. A phone number for Smyly could not be located Thursday. According to the report, Smyly asked Atkinson whether he lived in the building, which was Naropa student housing. Your hand is on your weapon and youre gonna shoot me, Atkinson shouted. 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. City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinsons race. . Thats what youre gonna do, officer? The Lookout is a free, daily email newsletter with news and happenings from all over Colorado. The incident has resulted in Boulder City Council forming a committee to explore a police oversight committee, while the incident is still under an independent review. 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. 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. 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. John is not enjoying the spotlight or controversy and understands it is necessary for him to leave. The officer then called for back-up, leading to eight officers surrounding the college student. The officer, John Smyly, resigned with a severance package, as the City Council and community members were troubled by the incident. Heres what it all means. 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. 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. 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. Living at Kimberly Court can seem like living in the most convenient location in Boulder. The investigation found officer John Smyly violated two department policies and found no evidence to support a claim of racial profiling. John is not enjoying the spotlight or controversy and understands it is necessary for him to leave. but it can also be stressful. After about eight minutes, more officers arrive and form a loose half circle around Atkinson. Im picking up trash, and youre holding a gun!. He says funding is key. As part of a settlement with the city, Smyly remained under city employment until February as he exhausted accrued holiday, sick and administrative leave. 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. 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. Atkinson, 26, said he believes Smyly should have been fired immediately. "I couldn't help but notice you sitting on the patio out there," officer John Smyly says in the video. Atkinson provided his school ID, which did not have an address and then offered to let himself into the building as proof. 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.. Im picking up trash! We would immediately lose our jobs., Body cam video is out. But Carr did elaborate on the decision not to fire or suspend Smyly in the statement. Simon and Sally Glass say findings vindicate their belief that their son was murdered by Clear Creek County sheriff's deputies. According to a summary of the investigation released by Boulder police Chief Greg Testa, Smyly was conducting extra patrols on March 1 in the area of Folsom Street and Arapahoe Avenue due to recent crime in the area. We have concluded this hire was not helpful to our equity work, and I wish to inform you of the resolution to the issue. 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. Atkinson repeatedly said he had not done anything wrong. Finally, police confirm his story by asking someone else if he does, in fact, live there. Sign up here and we will see you in the morning! 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 did not mention the incident in his resignation letter. Kazeem Oyeneyin answers the door at his home in Raleigh, N.C., on Aug. 17. We looked at this through the lens of safety and exposure. 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. The subject officer should have ended his contact with Mr. Atkinson as soon as Mr. Atkinson provided his name, address and a brief explanation of what he was doing.. The subject officer did not have probable cause to charge Mr. Atkinson with any crime. 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. The NAACPs Boulder County chapter shared its concerns about Smylys hiring with Sheriff Joe Pelle, who sent a letter Oct. 1 to the chapter to share that his office determined his hiring was not helpful to our equity work., Our staff spoke to John Smyly yesterday concerning the controversy over his temporary position here, Pelle wrote. At one point the officer says, "you're probably going to get tased.". Since Live PD and Cops was cancelled, James Freeman does LIVE STREAMING COP WATCHES. Read more here. Boulder Valley School District is part of the K-12 Schools industry, and located in Colorado, United States. Living at Kimberly Court can seem like living in the most convenient location in Boulder. Obviously, I still have things to learn.. A Cactus League road game yesterday came hours after Seiya Suzukis disappointment over his oblique strain and outlook at what comes next for the Chicago Cubs right fielder. That's when the tense 22-minute stand-off ends. 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. 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. Police shooting verdict sparks protest in California: in pictures Show all 10 Im picking up trash, and youre holding a gun!. Wake up to the day's most important news. 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. 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. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. 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 . 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. Atkinson, 26, said he believes Smyly should have been fired immediately. One of the officers involved in the latter scenario, John Smyly, resigned from the BPD earlier this month. Atkinson refused, then picked up the bucket and tool and walked away. He said he has had trouble sleeping and spends time outdoors or with friends to calm him. 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. 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 . 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. 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.
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