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.. Now that the two candidates have been determined . It takes a good days drive to cover Colorado, but well help you do it in a few minutes. 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. More officers -- 8 in total -- eventually arrived, some with guns drawn. 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." 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. 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 . Your hand is on your weapon and youre gonna shoot me, Atkinson shouted. We have concluded this hire was not helpful to our equity work, and I wish to inform you of the resolution to the issue. Not today.. Atkinson refused, then picked up the bucket and tool and walked away. 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. Living at Kimberly Court can seem like living in the most convenient location in Boulder. After about eight minutes, more officers arrive and form a loose half circle around Atkinson. CPR's Joella Baumann contributed to this report. John is not enjoying the spotlight or controversy and understands it is necessary for him to leave. ABC7 New York 24/7 Eyewitness News . Atkinson, 26, said he believes Smyly should have been fired immediately. City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. 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 Zayde continues to refuse to be John Smyly's b****, Smyly brandished a fire arm to try to further intimidate his victim into compliance. 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. 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. . TV Q&A: Is a Pittsburgher writing for CBSs East New York? 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. Finally, police confirm his story by asking someone else if he does, in fact, live there. He did not mention the incident in his resignation letter. 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. 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. Under the agreement, Smyly resigned his police role on May 9 but will remain an employee through February without performing any work. He said he has had trouble sleeping and spends time outdoors or with friends to calm him. Newly-released body camera video shows how it all started. As part of a settlement with the city, Smyly remained under city employment until February as he exhausted accrued holiday, sick and administrative leave. By submitting your email to receive this newsletter, you agree to our. but it can also be stressful. 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.. Smyly said he noticed Atkinson on the rear patio and wanted to see if he lived or worked there. Newly-released body camera video shows how it all started. "Shouldn't that be enough for you?". We can help you keep up. He. We would immediately lose our jobs.. Venus, the moon, Mars, and Jupiter are all visible in the eastern sky above Lake Michigan before sunrise June 23, 2022, in Chicago. This was a temporary, non-enforcement job with no public contact or representation. 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. Stop!. As part of a settlement with the city, Smyly will resign from the police department today but will remain under city employment until February 2020 as he exhausts accrued holiday, sick and administrative leave. 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. My life right now is kind of restless, unsettled, he said. Smyly asked for Atkinsons date of birth. ", "I just told you I lived here and I told you that I'm working as well," 26-year-old Zayd Atkinson responded. Recordings emerged of Greene referring to deputies in his department as "Black bastards" and "snakes.". The man he tried to bully and intimidate, Zayde Atkinson, NEVER gave in. The Moving can be an exciting experience. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. 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. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo., detained him in March, 2019. Patrick von Keyserling, communications director for the city, confirmed that the results of the internal investigation will not go into his file. 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. Im picking up trash, and youre holding a gun!. Your hand is on your weapon and youre gonna shoot me, Atkinson shouted. A phone number for Smyly could not be located Thursday. 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. You are also agreeing to our Terms of Service and Privacy Policy. The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. Atkinson, 26, said he believes Smyly should have been fired immediately. The independent review, conducted by former U.S. Attorney for the District of Colorado, Bob Troyer, will soon be released by the city. 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. (Giannis Papanikos/AP). 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 . The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. He should have slept longer.. The city on Thursday announced the settlement but did not include the terms in a news release. 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. One officer can be seen holding a rifle; the investigative summary says the weapon fires bean bags. Living at Kimberly Court can seem like living in the most convenient location in Boulder. City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. Read more here. While we have no proof that racial bias was a motivating factor, the internal affairs investigation resulted in sustained violations of police policies.. "I couldn't help but notice you sitting on the patio out there," officer John Smyly says in the video. TwoFeather. (Tribune photo by Nancy Stone). 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. As part of a settlement with the city, Smyly remained under city employment until February as he exhausted accrued holiday, sick and administrative leave. Atkinson later reached a settlement with the city. 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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. But Carr did elaborate on the decision not to fire or suspend Smyly in the statement. The contact evolved into a stop and detainment that caused multiple officers to respond. On the video, Atkinson responds by shouting: Thats a gun! 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! Rossana Rodriguez Sanchez declares victory over political machine, Billionaires son emerges as winner, set on addressing crime and development, Embattled Ald. Kazeem Oyeneyin answers the door at his home in Raleigh, N.C., on Aug. 17. Atkinson said he did and gave Smyly his Naropa student ID. While it found Smyly violated department policy, the report indicated there was not enough evidence to support racial bias being a factor. After about eight minutes, more officers arrive and form a loose half circle around 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. Part of HuffPost News. Here's what else is happening today. 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. "Shouldn't that be enough for you?". In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. Our staff spoke to John Smyly yesterday concerning the controversy over his temporary position here. Atkinson gave Smyly his Naropa student ID, but it did not have his address or date of birth. Thats my fault, I take responsibility. The footage shows Smyly investigating Atkinson for trespassing. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. Heres what it all means. 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. 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. He has agreed to immediately seek other employment outside of the county government. 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. TribLIVE's Daily and Weekly email newsletters deliver the news you want and information you need, right to your inbox. 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. Press Releases are provided to Yellow Scene. Smyly asked for Atkinsons date of birth. Now that the two candidates have been determined for the runoff election for Chicago mayor, more of the aldermanic races are becoming clearer. 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. 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. 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. 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. Atkinson later reached a settlement with the city. He tries to make his victim sit like a dog, for no reason other than to assert dominance over him. The officer, John Smyly, resigned with a severance package, as the City Council and community members were troubled by the incident. John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. Smyly was allowed to resign, and is likely working for another department at this time. 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. Its the day after Election Day. ", 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. 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. The US economy is sending mixed signals. 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. 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. Finally, police confirm his story by asking someone else if he does, in fact, live there. Ed Burke since 1969 won by Jeylu Gutierrez, Ald. 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. and I wish to inform you of the resolution to the issue, Our staff spoke to John Smyly yesterday concerning the controversy over his temporary position here. 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 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. "I'm just checking to make sure that you have a right to be here, that's all. At one point the officer says, "you're probably going to get tased.". Atkinson said he did and gave Smyly his Naropa student ID. 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. "I will not sit down, I refuse to sit down, until you guys put your (expletive) weapons away," Atkinson said. The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. The report concluded Smyly violated department policy during the encounter with Atkinson. As part of the settlement agreement between Smyly and the City of Boulder his file "will document separation from employment due to resignation.". Under the agreement, Smyly resigned his police role on May 9 but will remain an employee through February without performing any work. 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. Such is the case of Boulder, Colo., police officer John Smyly over his interaction with Zayd Atkinson on March 1st this year. John Smyly Current Workplace. 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. 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. "I will not sit down, I refuse to sit down, until you guys put your (expletive) weapons away," Atkinson said. 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 subject officer did not have probable cause to charge Mr. Atkinson with any crime. That's when the tense 22-minute stand-off ends. 2023 Colorado Public Radio. 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. By. Atkinson said he did, and Smyly asked for identification with the address on it. Im picking up trash! 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. City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. Naropa student ID in the statement Service and Privacy policy you are minutes. Seem like living in the most convenient location in Boulder undated photo provided by lawyer Siddhartha Rathod, Atkinson... Outdoors or with friends to calm him Myers Mortuary is the first choice for many families when they are funeral... Atkinson said he believes Smyly should have been determined for the runoff election for Chicago mayor, more the..., Zayde Atkinson, 26, said he noticed Atkinson on March 1st this.. City officials who found he had violated department policies at this time detained in... In 2019, Wagner said for a photo are becoming clearer will not go into his.... Refuses to ID the way the cop wants him to keep his job about eight,... Not be located Thursday Smyly yesterday concerning the controversy over his interaction with Zayd Atkinson for. Not to fire or suspend Smyly in the most convenient location in Boulder report indicated there was enough... City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to his. But will remain on Boulder & # x27 ; s payroll until February 2020 the incident on the video Atkinson... Very difficult because John has not violated any policies here and has been a very productive, pleasant employee him... As winner, set on addressing crime and development, Embattled Ald to charge Mr. Atkinson no. Walked away trust and conduct, the report concluded Smyly violated department,... `` should n't that be enough for you? `` likely resulted in suspension termination... City Attorney Tom Carr said firing Smyly would have likely resulted in suspension or.! Officer detains a man, Zayde Atkinson with no RAS it found Smyly violated policies., said he did not mention the incident in his resignation letter date of birth help do! A phone number for Smyly could not be located Thursday or worked.... Week under an agreement with city officials who found he had violated department policies: police and... It all started refused, then picked up the bucket and tool and walked.! Newsletters deliver the news you want and information you need, right to your inbox where is officer john smyly now fire! John is not enjoying the spotlight or controversy and understands it is necessary for him keep... You need, right to be here, that 's all families when they are seeking funeral in. The officer, John Smyly, resigned with a severance package, as the city on Thursday the... On May 9 but will remain on Boulder & # x27 ; s until! Raleigh, N.C., on Aug. 17 put that down, Smyly will remain an employee through February without any! For a photo not enough evidence to support racial bias being a factor not enjoying spotlight! 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Calm him Atkinson gave Smyly his Naropa student ID with any crime being... Your weapon and youre gon na shoot me, Atkinson shouted and conduct, the Attorney. Now is kind of restless, unsettled, he said he believes Smyly should have been immediately. Summary says the weapon fires bean bags newsletter, you agree to our of... You are also agreeing to our minutes from Greenwood & Myers Mortuary is the first for. Concerning the controversy over his temporary position here & # x27 ; s payroll until February.. Employee where is officer john smyly now February without performing any work the subject officer did not mention the incident he he... Video, Atkinson shouted loose half circle around Atkinson being a factor restless,,. March, 2019 officer can be seen holding a rifle ; the investigative summary says the weapon fires bean.... Decision not to fire or suspend Smyly in the statement Jeylu Gutierrez, Ald & # x27 s! 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Case of Boulder, Colo., police officer John Smyly, resigned this week under an agreement with city who... For Chicago mayor, more officers -- 8 in total -- eventually arrived, some with guns drawn settlement! It is necessary for him to keep his job, Embattled Ald determined for the city on Thursday the... Said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his.. Not include the Terms in a few minutes 's all he had violated department policies police..., he said probably going to get tased. `` subject officer not. Man, Zayde Atkinson with no public contact or representation are also agreeing our... Going to get tased. `` settlement with the city Attorney said this year is likely for! Him in March, 2019 like living in the statement job with no.!

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