It takes a good days drive to cover Colorado, but well help you do it in a few minutes. Your hand is on your weapon and youre gonna shoot me, Atkinson shouted. Atkinson repeatedly said he had not done anything wrong. More officers -- 8 in total -- eventually arrived, some with guns drawn. Im picking up trash! The officer then called for back-up, leading to eight officers surrounding the college student. Venus, the moon, Mars, and Jupiter are all visible in the eastern sky above Lake Michigan before sunrise June 23, 2022, in Chicago. 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. Read more here. 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. DENVER 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. We w, This was very difficult because John has not violated any policies here and has been a very productive. Living at Kimberly Court can seem like living in the most convenient location in Boulder. 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. Under the agreement, Smyly resigned his police role on May 9 but will remain an employee through February without performing any work. 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. That's when the tense 22-minute stand-off ends. Put that down, Smyly said on the tape. TribLIVE's Daily and Weekly email newsletters deliver the news you want and information you need, right to your inbox. 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. 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. 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. Im picking up trash, and youre holding a gun!. 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. Obviously, I still have things to learn. He said he has had trouble sleeping and spends time outdoors or with friends to calm him. 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. 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. 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.. Cubs pitcher Drew Smyly is introduced at the opening ceremony of the Cubs Convention at the Sheraton Grand Chicago, Jan. 13, 2023, in Chicago. The subject officers decision to attempt to detain Mr. Atkinson was not supported by reasonable suspicion that Mr. Atkinson was committing, or was about to commit a crime, therefore he did not have authority to detain Mr. Atkinson, the report read. On the video, Atkinson responds by shouting: Thats a gun! Put that down, Smyly said on the tape. Rescuers searched through the burned-out wreckage of two trains that slammed into each other in northern Greece. When Smyly asked for an address and date of birth, Atkinson walked away and began to pick up trash again. Smyly asked for Atkinsons date of birth. The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. John is not enjoying the spotlight or controversy and understands it is necessary for him to leave. Atkinson refused, then picked up the bucket and tool and walked away. 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. As part of the settlement agreement between Smyly and the City of Boulder his file "will document separation from employment due to resignation.". Under a settlement with the city, Smyly will remain on Boulder's payroll until February 2020. That's when the tense 22-minute stand-off ends. He tries to make his victim sit like a dog, for no reason other than to assert dominance over him. "I couldn't help but notice you sitting on the patio out there," officer John Smyly says in the video. 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.. 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. They give brief insights into our people and places, our flora and fauna, and our past and present, from every corner of Colorado. 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 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.. 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. Now that the two candidates have been determined . ABC7 New York 24/7 Eyewitness News Stream, a black man confronted by a Boulder police officer. Not today.. The phenomenon is known as a conjunction, which is when astronomical objects seem to be near each other based on how we see them from Earth. but it can also be stressful. We assure you it had an impact, they wrote. 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. At about 8:20 a.m., Smyly was in his patrol car when he saw Atkinson "from a distance" at 2333 Arapahoe Ave. "manipulating an unknown object in his left hand." Smyly drove closer and observed. According to 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. As part of a settlement with the city, Smyly remained under city employment until February as he exhausted accrued holiday, sick and administrative leave. 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. Stop!. 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. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. Copyright 2023 WABC-TV. Finally, police confirm his story by asking someone else if he does, in fact, live there. As part of a settlement with the city, Smyly remained under city employment until February as he exhausted accrued holiday, sick and administrative leave. Under the agreement, Smyly resigned his police role on May 9 but will remain an employee through February without performing any work. Kazeem Oyeneyin answers the door at his home in Raleigh, N.C., on Aug. 17. 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. While we have no proof that racial bias was a motivating factor, the internal affairs investigation resulted in sustained violations of police policies.. ", "I just told you I lived here and I told you that I'm working as well," 26-year-old Zayd Atkinson responded. New video shows moment Boulder officer pulled gun on black man picking up trash in own yard. Obviously, I still have things to learn.. At one point the officer says, "you're probably going to get tased.". 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. After about eight minutes, more officers arrive and form a loose half circle around Atkinson. The report concluded Smyly violated department policy during the encounter with Atkinson. The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. Venus, the moon, Mars, and Jupiter are all visible in the eastern sky above Lake Michigan before sunrise June 23, 2022, in Chicago. He can be heard saying in the body cam video, Youre probably going to get tased in a second, because you have a weapon. Smyly then drew his handgun, telling police he believed the stun gun would not be effective because Atkinson was wearing a heavy coat. (John J. Kim / Chicago Tribune). Investigators found Smyly violated two department policies: police authority and public trust and conduct, the city attorney said. 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. 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. Patrick von Keyserling, communications director for the city, confirmed that the results of the internal investigation will not go into his file. Ex-Boulder Officer John Smyly was found in violation of department policy. Colorado Postcards are snapshots of our colorful state in sound. Atkinson, 26, said he believes Smyly should have been fired immediately. 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. Read more here. Former officer John Smyly will continue to have an unblemished history with the Boulder Police Department. Whats next after moving on from Patrick Kane? but it can also be stressful. 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. Sign up here and we will see you in the morning! Smyly asked for Atkinsons date of birth. In an effort to keep our community informed, we are now publishing some press peleases in whole. You can read the full agreement below. When Zayde Atkinson refuses, Smyly threatens to . . John is not enjoying, agreed to immediately seek other employment outside of the county government. Thats what youre gonna do, officer? 10-1! Atkinson said he did, and Smyly asked for identification with the address on it. 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. "Shouldn't that be enough for you?". (Tribune photo by Nancy Stone). We looked at this through the lens of safety and exposure. 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. He should have slept longer.. 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. 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. Ultimately, I approved the hire. 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. When Zayde Atkinson refuses, Smyly threatens to tase him. According to the report, Smyly asked Atkinson whether he lived in the building, which was Naropa student housing. . 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. Boulder Valley School District is part of the K-12 Schools industry, and located in Colorado, United States. We looked at this through the lens of safety and exposure. 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. He did not mention the incident in his resignation letter. Copyright 2023 KABC Television, LLC. The Boulder police officer who confronted a black Naropa student picking up trash outside his residence in March was found in violation of department policies and is resigning following an internal investigation. 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. He says funding is key. "Give him his ID back and we're outta here," one of the officers is heard saying. 9191 46 Comments 15 Shares Share Im not tryi. Smyly asked for Atkinsons date of birth. This was very difficult because John has not violated any policies here and has been a very productive, pleasant employee. Atkinson said he did, but did not elaborate when Smyly asked him what unit he lived in. 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 . John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. 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.. Investigators found Smyly violated two department policies: police authority and public trust and conduct, the city attorney said. "I will not sit down, I refuse to sit down, until you guys put your (expletive) weapons away," Atkinson said. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. 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. 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. 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. Im picking up trash! We did not see any opportunity for harm. TwoFeather. The contact evolved into a stop and detainment that caused multiple officers to respond. 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. Thats what youre gonna do, officer? All rights reserved. But an independent review of the confrontation found no impropriety in the procedures . 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. ", 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. 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. 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. Whether movers in Fort Collins are helping you Mitchell Byars has been reporting for the Daily Camera since 2011, covering breaking news and courts. "Well I believe that this man had approached me because I'm a black male in an all-white town," Atkinson said later. In the body camera footage, Atkinson can be seen several times walking away from Smyly, with Smyly following after him and ordering him to sit down. 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. Atkinsons attorney Siddhartha Rathod said he was disappointed Smyly was not fired and instead was allowed to resign and remain on the citys payroll until 2020. Boulder is essentially saying were going to pay this officer and let him resign for threatening Zayds life, for racially profiling Zayd, said Atkinsons attorney, Siddhartha Rathod. 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. Newly-released body camera video shows how it all started. According to the report, Smyly asked Atkinson whether he lived in the building, which was Naropa student housing. When Zayde Atkinson refuses, Smyly threatens to tase him. He will leave as soon as possible, and we placed a written deadline on departure by the end of the year. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo., detained him in March, 2019. Our staff spoke to John Smyly yesterday concerning the controversy over his temporary position here. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo., detained him in March, 2019. "My life right now is kind of restless, unsettled," he said. Such is the case of Boulder, Colo., police officer John Smyly over his interaction with Zayd Atkinson on March 1st this year. 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. TV Q&A: Is a Pittsburgher writing for CBSs East New York? Read more here. He. 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 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. Atkinson provided his school ID, which did not have an address and then offered to let himself into the building as proof. 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. After about eight minutes, more officers arrive and form a loose half circle around Atkinson. The Boulder Chapter of the NAACP, which emailed the Camera about the hire, decried Smylys hiring in a statement. The Moving can be an exciting experience. 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. 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. ", 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. Opinion: Colorado farms going fallow? 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. 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. 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. 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 officer was identified today as 40-year-old John Smyly, a 14-year veteran of the department with no prior disciplinary action. 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. Smyly approached Atkinson on March 1 in front of the. 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. 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. By submitting your email to receive this newsletter, you agree to our. Smyly resigned prior to the conclusion of the disciplinary process, but police indicated the process likely would have resulted in suspension or termination. The former Boulder police officer who resigned after pointing a gun at a Black Naropa student has agreed to leave his temporary civilian position with the Boulder County Sheriffs Office after complaints from the Boulder County NAACP chapter. 2023 Colorado Public Radio. 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. If you or I were to do this, we would be criminally charged. 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 was allowed to resign, and is likely working for another department at this time. Heres a look at where some ward races stand: View election results, read our full election coverage at chicagotribune.com/elections and see which mayoral candidate received the most votes in your ward. Stop!. Boulder police said there is no evidence Atkinson was racially profiled. One of the other officers arrived with a handgun drawn but holstered it, while another had a stun gun drawn. John is not enjoying the spotlight or controversy and understands it is necessary for him to leave. Atkinson refused, then picked up the bucket and tool and walked away. 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. 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. 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? 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. 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. The subject officer did not have probable cause to charge Mr. Atkinson with any crime. 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. We would immediately lose our jobs., Body cam video is out. 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. ", "I just told you I lived here and I told you that I'm working as well," 26-year-old Zayd Atkinson responded. A phone number for Smyly could not be located Thursday. The city of Boulder is paying this officer nearly $80,000 for violating the constitutional rights of Zayd. 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. Drawn but holstered it, while another had a stun gun would not be effective Atkinson. Not be effective because Atkinson was wearing a heavy coat the disciplinary process, but did not probable! Our staff spoke to John Smyly over his interaction with Zayd Atkinson on March 1 in front of disciplinary. 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where is officer john smyly now