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. Our newsletters bring you a closer look at the stories that affect you and the music that inspires you. John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. All Rights Reserved. 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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. He tries to make his victim sit like a dog, for no reason other than to assert dominance over him. (Tribune photo by Nancy Stone). YouTube file photo Boulder officials did not immediately return a request for how much Smyly would be paid during his time on leave. Boulder police said there is no evidence Atkinson was racially profiled. 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. Read more here. Atkinsons attorney did not respond to requests for comment. He tries to make his victim sit like a dog, for no reason other than to assert dominance over him. Former officer John Smyly will continue to have an unblemished history with the Boulder Police Department. 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. Venus, the moon, Mars, and Jupiter are all visible in the eastern sky above Lake Michigan before sunrise June 23, 2022, in Chicago. 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. Listen now. Heres what it all means. 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. Colorado Postcards are snapshots of our colorful state in sound. City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinson's race. John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. This was a temporary, non-enforcement job with no public contact or representation. 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. John is not enjoying, agreed to immediately seek other employment outside of the county government. 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. When our staff interviewed the candidates for this term position, Smyly was the best qualified applicant. The report concluded Smyly violated department policy during the encounter with Atkinson. ", "I just told you I lived here and I told you that I'm working as well," 26-year-old Zayd Atkinson responded. Not today.. 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." We would immediately lose our jobs."In a statement, City Attorney Tom Carr said firing the officer, John Smyly, would have led to a drawn-out appeal and potentially allowed him to keep his job . Smyly, a 14-year veteran of the Boulder Police Department had no prior disciplinary action, it was. Atkinson, 26, said he believes Smyly should have been fired immediately. Smyly told the department he could not tell what race Atkinson was when he first saw him. (Antonio Perez / Chicago Tribune). 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. 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. 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. 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. 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 says funding is key. When Zayde Atkinson refuses, Smyly threatens to . 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. Copyright 2023 KABC Television, LLC. The Lookout is a free, daily email newsletter with news and happenings from all over Colorado. 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. 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. Video of the incident from Smyly's body camera shows him detaining . 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. 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. He said he has had trouble sleeping and spends time outdoors or with friends to calm him. 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. Smyly resigned prior to the conclusion of the disciplinary process, but police indicated the process would have likely resulted in suspension or termination. The shooting was one of the deadliest . 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. 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. Living at Kimberly Court can seem like living in the most convenient location in Boulder. "Give him his ID back and we're outta here," one of the officers is heard saying. Your hand is on your weapon and youre gonna shoot me, Atkinson shouted. 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. They give brief insights into our people and places, our flora and fauna, and our past and present, from every corner of Colorado. On the video, Atkinson responds by shouting: Thats a gun! He has agreed to immediately seek other employment outside of the county government.. The contact evolved into a stop and detainment that caused multiple officers to respond. 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. According to the report, Smyly asked Atkinson whether he lived in the building, which was Naropa student housing. 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. Smyly asked for Atkinsons date of birth. 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 appreciate that in your letter to us you have confirmed your commitment to the efforts of the county to address race and equity issues.. Newly-released body camera video shows how it all started. 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.. 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. Atkinson said he did, and Smyly asked for identification with the address on it. TV Q&A: Is a Pittsburgher writing for CBSs East New York? Atkinson repeatedly said he had not done anything wrong. 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. 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.. Simon and Sally Glass say findings vindicate their belief that their son was murdered by Clear Creek County sheriff's deputies. 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. Investigators found Smyly violated two department policies: police authority and public trust and conduct, the city attorney said. 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. 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. But Carr did elaborate on the decision not to fire or suspend Smyly in the statement. He tries to make his victim sit like a dog, for no reason other than to assert dominance over him. 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 subject officer should have ended his contact with Mr. Atkinson as soon as Mr. Atkinson provided his name, address and a brief explanation of what he was doing.. 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. 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. John Smyly has been working as a Officer John at Boulder Valley School District for 9 years. 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 he refuses to ID the way the cop wants him to, John Smyly escalates the situation. 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, which is housing for the university. Im picking up trash! Investigators found Smyly violated two department policies: police authority and public trust and conduct, the city attorney said. 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. Newly-released. If you or I were to do this, we would be criminally charged. 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. But an independent review of the confrontation found no impropriety in the procedures . He said he has had trouble sleeping and spends time outdoors or with friends to calm him. While it found Smyly violated department policy, the report indicated there was not enough evidence to support racial bias being a factor. My life right now is kind of restless, unsettled, he said. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. but it can also be stressful. He did not mention the incident in his resignation letter. Investigators found Smyly violated two department policies: police authority and public trust and conduct, the city attorney said. 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. "I will not sit down, I refuse to sit down, until you guys put your (expletive) weapons away," Atkinson said. The Moving can be an exciting experience. 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 . Finally, police confirm his story by asking someone else if he does, in fact, live there. He should have slept longer.. 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. Your hand is on your weapon and youre gonna shoot me, Atkinson shouted. Stop!. TribLIVE's Daily and Weekly email newsletters deliver the news you want and information you need, right to your inbox. 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. 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. Under the agreement, Smyly resigned his police role on May 9 but will remain an employee through February without performing any work. 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. Im picking up trash! Not for the "stupid price" of $150 an acre foot. 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. New video shows moment Boulder officer pulled gun on black man picking up trash in own yard. 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 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. Put that down, Smyly said on the tape. On the video, Atkinson responds by shouting: Thats a gun! "Shouldn't that be enough for you?". My life right now is kind of restless, unsettled, he said. (Facebook . He has agreed to immediately seek other employment outside of the county government. All rights reserved. Chicago Tribune editors' top story picks, delivered to your inbox each afternoon. Obviously, I still have things to learn.. After about eight minutes, more officers arrive and form a loose half circle around Atkinson. Im picking up trash! "My life right now is kind of restless, unsettled," he said. 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. 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