When Zayde Atkinson refuses, Smyly threatens to tase him. You want to know what is really going on these days, especially in Colorado. John is not enjoying the spotlight or controversy and understands it is necessary for him to leave. 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 taken a temporary civilian position with the Boulder County Sheriffs Office. 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. One officer can be seen holding a rifle; the investigative summary says the weapon fires bean bags. He tries to make his victim sit like a dog, for no reason other than to assert dominance over him. The footage shows Smyly investigating Atkinson for trespassing. As part of the settlement agreement between Smyly and the City of Boulder his file "will document separation from employment due to resignation.". 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. Not today.. He said he has had trouble sleeping and spends time outdoors or with friends to calm him. The footage shows Smyly investigating Atkinson for trespassing. 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 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. One of the officers involved in the latter scenario, John Smyly, resigned from the BPD earlier this month. John Smyly has been working as a Officer John at Boulder Valley School District for 9 years. 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. After about eight minutes, more officers arrive and form a loose half circle around Atkinson. While it found Smyly violated department policy, the report indicated there was not enough evidence to support racial bias being a factor. Smyly said he noticed Atkinson on the rear patio and wanted to see if he lived or worked there. According to the report, Atkinson raised his voice and Smyly felt threatened by the trash grabber and drew his stun gun. John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. If you or I were to do this, we would be criminally charged. The investigation found officer John Smyly violated two department policies and found no evidence to support a claim of racial profiling. Venus, the moon, Mars, and Jupiter are all visible in the eastern sky above Lake Michigan before sunrise June 23, 2022, in Chicago. Patrick von Keyserling, communications director for the city, confirmed that the results of the internal investigation will not go into his file. 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. 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 . 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. . Press Releases are provided to Yellow Scene. CPR's Joella Baumann contributed to this report. 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. TribLIVE's Daily and Weekly email newsletters deliver the news you want and information you need, right to your inbox. He said he has had trouble sleeping and spends time outdoors or with friends to calm him. 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. Atkinson provided his school ID, which did not have an address and then offered to let himself into the building as proof. If you or I were to do this, we would be criminally charged. Living at Kimberly Court can seem like living in the most convenient location in Boulder. Im picking up trash, and youre holding a gun!. Ultimately, I approved the hire. John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. You are also agreeing to our Terms of Service and Privacy Policy. 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. According to the report, Smyly asked Atkinson whether he lived in the building, which was Naropa student housing. 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. Atkinson, 26, said he believes Smyly should have been fired immediately. We did not see any opportunity for harm, he wrote. One officer can be seen holding a rifle; the investigative summary says the weapon fires bean bags. The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. The report indicated none of the officers, including Smyly, ever pointed a gun or stun gun at Atkinson. Atkinson said he did, and Smyly asked for identification with the address on it. Under a settlement with the city, Smyly will remain on Boulder's payroll until February 2020. City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinsons race. 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. Boulder police said there is no evidence Atkinson was racially profiled. Ex-Boulder Officer John Smyly was found in violation of department policy. (Facebook . 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We failed to consider the sentiment, or trigger that it might cause for people of color. All Rights Reserved. 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. Wake up to the day's most important news. 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. In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. The independent review, conducted by former U.S. Attorney for the District of Colorado, Bob Troyer, will soon be released by the city. He did not mention the incident in his resignation letter. Obviously, I still have things to learn.. 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. 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. Copyright 2023 KABC Television, LLC. 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." Oyeneyin was handcuffed and detained in his own home after police responded to a burglar alarm in process. That's when the tense 22-minute stand-off ends. 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. Im picking up trash, and youre holding a gun!. 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. Atkinson said he did and gave Smyly his Naropa student ID. He will leave as soon as possible, and we placed a written deadline on departure by the end of the year. "I couldn't help but notice you sitting on the patio out there," officer John Smyly says in the video. 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. 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. Your hand is on your weapon and youre gonna shoot me, Atkinson shouted. We would immediately lose our jobs., Body cam video is out. (John J. Kim / Chicago Tribune). As part of a settlement with the city, Smyly remained under city employment until February as he exhausted accrued holiday, sick and administrative leave. In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. 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. Atkinson gave Smyly his Naropa student ID, but it did not have his address or date of birth. 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.. Smyly said he noticed Atkinson on the rear patio and wanted to see if he lived or worked there. The Boulder Chapter of the NAACP, which emailed the Camera about the hire, decried Smylys hiring in a statement. 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. 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. Smyly, a 14-year veteran of the Boulder Police Department had no prior disciplinary action, it was. Stop!. 9191 46 Comments 15 Shares Share ", 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. 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. 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. 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. While we have no proof that racial bias was a motivating factor, the internal affairs investigation resulted in sustained violations of police policies.. 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. 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 officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. Here's what else is happening today. ", 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. 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. Based upon your concerns over the hire of former Boulder Police Department Officer John Smyly in the computer support section of the sheriffs office, the hire was given another review. City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. 10-1! At one point the officer says, "you're probably going to get tased.". Smyly asked for Atkinsons date of birth. 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 other responding officers were cleared of any wrongdoing by the report, but the department said the encounter has uncovered the need for further training. We would immediately lose our jobs.. My life right now is kind of restless, unsettled, he said. but it can also be stressful. When Smyly asked for an address and date of birth, Atkinson walked away and began to pick up trash again. The contact evolved into a stop and detainment that caused multiple officers to respond. Since Live PD and Cops was cancelled, James Freeman does LIVE STREAMING COP WATCHES. We w, This was very difficult because John has not violated any policies here and has been a very productive. 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. Western Pennsylvania's trusted news source. Our newsletters bring you a closer look at the stories that affect you and the music that inspires you. John Smyly Current Workplace. 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. 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. Stop!. We would immediately lose our jobs.. In an effort to keep our community informed, we are now publishing some press peleases in whole. Read more here. City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. The Moving can be an exciting experience. Atkinson said he did, and Smyly asked for identification with the address on it. 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. Boulder officials did not immediately return a request for how much Smyly would be paid during his time on leave. 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. All Rights Reserved. But an independent review of the confrontation found no impropriety in the procedures . One of the other officers arrived with a handgun drawn but holstered it, while another had a stun gun drawn. 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. 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