Wake up to the day's most important news. All Rights Reserved. Atkinson provided his school ID, which did not have an address and then offered to let himself into the building as proof. Atkinson repeatedly said he had not done anything wrong. While it found Smyly violated department policy, the report indicated there was not enough evidence to support racial bias being a factor. 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He did not mention the incident in his resignation letter. 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. How do you feel?" 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. He has agreed to immediately seek other employment outside of the county government. City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinson's race. 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. 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. Atkinson refused, then picked up the bucket and tool and walked away. The officer was identified today as 40-year-old John Smyly, a 14-year veteran of the department with no prior disciplinary action. We looked at this through the lens of safety and exposure. All Rights Reserved. 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. Oyeneyin was handcuffed and detained in his own home after police responded to a burglar alarm in process. Part of HuffPost News. 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. 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. The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. TV Q&A: Is a Pittsburgher writing for CBSs East New York? 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. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. Whats next after moving on from Patrick Kane? Living at Kimberly Court can seem like living in the most convenient location in Boulder. You can read the full agreement below. ABC7 New York 24/7 Eyewitness News . Atkinson said he did, and Smyly asked for identification with the address on it. "I will not sit down, I refuse to sit down, until you guys put your (expletive) weapons away," Atkinson said. Watch Body Camera Video March 1, 2019 https://t.co/8NnfbXgMXX, Rae Ellen Bichell (@raelnb) May 16, 2019. John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. 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. 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 will try to b his position and transfer the work and have him finish the projects he has in progress on our RMS replacement so that we dont have to start over. Your hand is on your weapon and youre gonna shoot me, Atkinson shouted. 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. 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. 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. He said he has had trouble sleeping and spends time outdoors or with friends to calm him. John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. My life right now is kind of restless, unsettled, he said. Here's what else is happening today. Officer John Smyly (Photo: Boulder Police Department) 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. 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. TribLIVE's Daily and Weekly email newsletters deliver the news you want and information you need, right to your inbox. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. Smyly said he noticed Atkinson on the rear patio and wanted to see if he lived or worked there. 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 Lookout is a free, daily email newsletter with news and happenings from all over Colorado. Boulder Valley School District. Stop!. We have concluded this hire was not helpful to our equity work, and I wish to inform you of the resolution to the issue. When Smyly asked for an address and date of birth, Atkinson walked away and began to pick up trash again. Now that the two candidates have been determined for the runoff election for Chicago mayor, more of the aldermanic races are becoming clearer. When Smyly asked for an address and date of birth, Atkinson walked away and began to pick up trash again. (Tribune photo by Nancy Stone). 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. City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. The footage shows Smyly investigating Atkinson for trespassing. 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 police said there is no evidence Atkinson was racially profiled. "Give him his ID back and we're outta here," one of the officers is heard saying. Newly-released body camera video shows how it all started. Simon and Sally Glass say findings vindicate their belief that their son was murdered by Clear Creek County sheriff's deputies. When our staff interviewed the candidates for this term position, Smyly was the best qualified applicant. 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 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. Boulder officials did not immediately return a request for how much Smyly would be paid during his time on leave. 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 . 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. When Smyly asked for an address and date of birth, Atkinson walked away and began to pick up trash again. Thats my fault, I take responsibility. The report concluded Smyly violated department policy during the encounter with Atkinson. But an independent review of the confrontation found no impropriety in the procedures . The US economy is sending mixed signals. Smyly was allowed to resign, and is likely working for another department at this time. 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. New video shows moment Boulder officer pulled gun on black man picking up trash in own yard. If you or I were to do this, we would be criminally charged. You are also agreeing to our Terms of Service and Privacy Policy. Cubs pitcher Drew Smyly is introduced at the opening ceremony of the Cubs Convention at the Sheraton Grand Chicago, Jan. 13, 2023, in Chicago. 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. All rights reserved. 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 couldn't help but notice you sitting on the patio out there," officer John Smyly says in the video. ", 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. Recordings emerged of Greene referring to deputies in his department as "Black bastards" and "snakes.". "My life right now is kind of restless, unsettled," he . Under a settlement with the city, Smyly will remain on Boulder's payroll until February 2020. John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. 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. Based upon this investigation and concerns it raised, the Boulder Police Department will be initiating additional officer training concerning effective de-escalation of incidents, the department wrote in a release. Such is the case of Boulder, Colo., police officer John Smyly over his interaction with Zayd Atkinson on March 1st this year. (John J. Kim / Chicago Tribune). The independent review, conducted by former U.S. Attorney for the District of Colorado, Bob Troyer, will soon be released by the city. We would immediately lose our jobs., Body cam video is out. According to the report, Smyly asked Atkinson whether he lived in the building, which was Naropa student housing. 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. 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. Listen now. Atkinson, 26, said he believes Smyly should have been fired immediately. 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. Smyly asked for Atkinsons date of birth. 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. 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. Under the agreement, Smyly resigned his police role on May 9 but will remain an employee through February without performing any work. 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. Read more here. The report indicated none of the officers, including Smyly, ever pointed a gun or stun gun at Atkinson. YouTube file photo 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. . Put that down, Smyly said on the tape. 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. We looked at this through the lens of safety and exposure. City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. 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 asked for Atkinsons date of birth. 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. Atkinson provided his school ID, which did not have an address and then offered to let himself into the building as proof. Im picking up trash, and youre holding a gun!. 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 . Atkinson said he did and gave Smyly his Naropa student ID. 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. He said he has had trouble sleeping and spends time outdoors or with friends to calm him. 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. Cubs pitcher Drew Smyly is introduced at the opening ceremony of the Cubs Convention at the Sheraton Grand Chicago, Jan. 13, 2023, in Chicago. Jalen Carter, a top NFL draft prospect and potential target for Bears, charged with reckless driving and racing in fatal accident, Want to see Venus and Jupiter together? Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo., detained him in March, 2019. ", "I just told you I lived here and I told you that I'm working as well," 26-year-old Zayd Atkinson responded. Chicago Tribune editors' top story picks, delivered to your inbox each afternoon. Smyly resigned prior to the conclusion of the disciplinary process, but police indicated the process would have likely resulted in suspension or termination. 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. He has agreed to immediately seek other employment outside of the county government. "My life right now is kind of restless, unsettled," he said. Video of the incident from Smyly's body camera shows him detaining . 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. 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. Gen Z Voices: Attending school on a tribal reservation, and outside of it, led Aidan Gover to discover the disparities in education. We would immediately lose our jobs.. By submitting your email to receive this newsletter, you agree to our. (Giannis Papanikos/AP). 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 tape 's Daily and Weekly email newsletters deliver the news you want and information you,! Zayd Atkinson on the rear patio and wanted to see if he or! Email to receive this newsletter, you agree to our Terms of Service and Privacy.... 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