City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. The City of Boulder released a statement Thursday saying, "while the finding likely would have resulted in suspension or possibly termination, Officer Smyly resigned prior to the conclusion of the disciplinary process. Under the agreement, Smyly resigned his police role on May 9 but will remain an employee through February without performing any work. 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. Pelle added the decision was very difficult because Smyly didnt violate any policies and has been a very productive, pleasant employee. Smyly will leave as soon as possible, once the projects hes working on are complete, with a departure deadline of the end of the year, according to Pelle. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. 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! "How do you feel, officer? Atkinson provided his school ID, which did not have an address and then offered to let himself into the building as proof. Smyly asked for Atkinsons date of birth. 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." Boulder officials did not immediately return a request for how much Smyly would be paid during his time on leave. Atkinson provided his school ID, which did not have an address and then offered to let himself into the building as proof. Atkinson said he did, and Smyly asked for identification with the address on it. 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. According to the report, Atkinson raised his voice and Smyly felt threatened by the trash grabber and drew his stun gun. 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. He has agreed to immediately seek other employment outside of the county government. When Smyly asked for an address and date of birth, Atkinson walked away and began to pick up trash again. John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. 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. Obviously, I still have things to learn. (Giannis Papanikos/AP). New video shows moment Boulder officer pulled gun on black man picking up trash in own yard. 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. 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. More officers -- 8 in total -- eventually arrived, some with guns drawn. 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. Stop!. 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. pleasant employee. 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. 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. They give brief insights into our people and places, our flora and fauna, and our past and present, from every corner of Colorado. Smyly resigned prior to the conclusion of the disciplinary process, but police indicated the process likely would have resulted in suspension or termination. In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. More officers -- 8 in total -- eventually arrived, some with guns drawn. In response, NAACP leaders wrote that theyre glad Smyly will be leaving the position, as well as saying they appreciated the acknowledgement that Pelle failed to consider the impact the hiring decision might have had on people of color. YouTube file photo Since Live PD and Cops was cancelled, James Freeman does LIVE STREAMING COP WATCHES. 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.. City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. We would immediately lose our jobs., Body cam video is out. 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. 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. 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. "Give him his ID back and we're outta here," one of the officers is heard saying. 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.. 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. Cubs pitcher Drew Smyly is introduced at the opening ceremony of the Cubs Convention at the Sheraton Grand Chicago, Jan. 13, 2023, in Chicago. 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. According to a summary of the investigation released by Boulder police, Officer John Smyly was conducting extra patrols on March 1, 2019, in the area of Folsom Street and Arapahoe Avenue when. Thats my fault, I take responsibility. 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. Heres what it all means. 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. The settlement allowed the city to provide the community information more quickly, and it transitioned Officer Smyly out of a law enforcement career.. He said he has had trouble sleeping and spends time outdoors or with friends to calm him. 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. Our newsletters bring you a closer look at the stories that affect you and the music that inspires you. 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. Investigators found Smyly violated two department policies: police authority and public trust and conduct, the city attorney said. City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. (Facebook . ", 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. The iconic deep dish chain is focusing on expanding its franchise restaurants. 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. John is not enjoying the spotlight or controversy and understands it is necessary for him to leave. 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. When Smyly asked for an address and date of birth, Atkinson walked away and began to pick up trash again. If you know what department Smyly is working it, please email that information to realjamesfreeman@gmail.com, so I can publicly publish that information, warning potential new victims.ID Refusal by Boulder Colorado man, Zayde Atkinson results in threats and officer John Smyly brandishing a fire arm.email videos you want covered on this channel to Realjamesfreeman@gmail.com James Freeman does first amendment audits, cop watching, cop blocking, and more. If you or I were to do this, we would be criminally charged. 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. If you or I were to do this, we would be criminally charged. John is not enjoying the spotlight or controversy and understands it is necessary for him to leave. Atkinson repeatedly said he had not done anything wrong. as they address charges against an Oak Lawn police officer Feb. 15, 2023. . Part of HuffPost News. The former Boulder police officer who resigned after pointing a gun at a Black Naropa student has taken a temporary civilian position with the Boulder County Sheriffs Office. The Moving can be an exciting experience. Finally, police confirm his story by asking someone else if he does, in fact, live there. "I couldn't help but notice you sitting on the patio out there," officer John Smyly says in the video. One officer can be seen holding a rifle; the investigative summary says the weapon fires bean bags. After about eight minutes, more officers arrive and form a loose half circle around Atkinson. Police shooting verdict sparks protest in California: in pictures Show all 10 Thats what youre gonna do, officer? 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 said. 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. The investigation found officer John Smyly violated two department policies and found no evidence to support a claim of racial profiling. Atkinson, 26, said he believes Smyly should have been fired immediately. 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. 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. 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. A phone number for Smyly could not be located Thursday. Western Pennsylvania's trusted news source. 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. Listen now. 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 footage shows Smyly investigating Atkinson for trespassing. 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. The man he tried to bully and intimidate, Zayde Atkinson, NEVER gave in. 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. But an independent review of the confrontation found no impropriety in the procedures . 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. ", 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. Im picking up trash! You want to know what is really going on these days, especially in Colorado. Im not tryi. And remember, for the latest breaking news in Chicago, visit chicagotribune.com/breaking and sign up to get our alerts on all your devices. He said he has had trouble sleeping and spends time outdoors or with friends to calm him. 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. City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinsons race. Ultimately, I approved the hire. Under the agreement, Smyly resigned his police role on May 9 but will remain an employee through February without performing any work. 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. 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. "I will not sit down, I refuse to sit down, until you guys put your (expletive) weapons away," Atkinson said. Smyly, who had been on paid administrative leave since the incident, resigned prior to the conclusion of the disciplinary process, but police indicated the process would have likely resulted in suspension or termination. 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. Put that down, Smyly said on the tape. 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 would immediately lose our jobs.. Smyly resigned prior to the conclusion of the disciplinary process, but police indicated the process would have likely resulted in suspension or termination. 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. Your hand is on your weapon and youre gonna shoot me, Atkinson shouted. New video shows moment Boulder officer pulled gun on black man picking up trash in own yard. ", 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. 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. 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. We have concluded this hire was not helpful to our equity work, and I wish to inform you of the resolution to the issue. He. Opening day might not be in play because of Suzuki's moderate left oblique strain, making the rest of the spring important for the organization to figure out its options if he can't go at the beginning of the season. Im picking up trash! In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. 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. We would immediately lose our jobs.. Finally, police confirm his story by asking someone else if he does, in fact, live there. City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinson's race. Atkinson said he did, and Smyly asked for identification with the address on it. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo., detained him in March, 2019. Whether movers in Fort Collins are helping you Amy Bounds covers K-12 education for the Boulder Daily Camera and Longmont Times-Call, Former Boulder police officer John Smyly to, 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 to leave Boulder County job, F. Murray Abraham to appear at Boulder International Film Festival, Erie Board of Trustees adopts current fire codes, Southbound U.S. 287 to close at Colo. 52 intersection for pipe installation work, Applications being accepted for vacancy created by Boulder County judges death, Brought to you by Prairie Mountain Publishing, Photos: Francis Street Structure Fire in Longmont, St. Nix toy store closes, may relocate in near future, Attorneys make opening arguments in Longmont murder trial, Several pets killed in Longmont apartment fire, Jury seated in Longmont murder trial, opening statements set for Tuesday, Longmont firefighters contain blaze at Francis Street apartment complex, Operation Wrecking Ball: Six men indicted by grand jury for stealing construction equipment, Passing the baton: Longmont Public Media co-founder and executive director Sergio Angeles leaving nonprofit, 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. Your hand is on your weapon and youre gonna shoot me, Atkinson shouted. 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. It's like Live PD, except actually live, and without the \"cops can do no wrong\" bias.music in this videoLove Is Blind (Instrumental Version) - Coma Svenssonhttps://www.youtube.com/watch?v=u78BBpHcz44Wasted Education - Blue Topazhttps://www.youtube.com/watch?v=dqmKzeeDj54 Its the day after Election Day. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. 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. ", "I just told you I lived here and I told you that I'm working as well," 26-year-old Zayd Atkinson responded. Ed Burke since 1969 won by Jeylu Gutierrez, Ald. "Shouldn't that be enough for you?". The report concluded Smyly violated department policy during the encounter with Atkinson. I am not normally involved in hiring decisions. 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. Venus, the moon, Mars, and Jupiter are all visible in the eastern sky above Lake Michigan before sunrise June 23, 2022, in Chicago. One officer can be seen holding a rifle; the investigative summary says the weapon fires bean bags. Smyly was allowed to resign, and is likely working for another department at this time. Incumbent Daniel La Spata nears outright victory but may face Sam Royko in runoff, while Proco Joe Moreno falls short, Seat held by Ald. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo., detained him in March, 2019. Atkinson refused, then picked up the bucket and tool and walked away. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. "Give him his ID back and we're outta here," one of the officers is heard saying. When our staff interviewed the candidates for this term position, Smyly was the best qualified applicant. 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. 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. 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. 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