The independent review, conducted by former U.S. Attorney for the District of Colorado, Bob Troyer, will soon be released by the city. 2023 Trib Total Media | All Rights Reserved. But Carr did elaborate on the decision not to fire or suspend Smyly in the statement. Chicago Tribune editors' top story picks, delivered to your inbox each afternoon. The settlement allowed the city to provide the community information more quickly, and it transitioned Officer Smyly out of a law enforcement career.. 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. 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. 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 officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. Im picking up trash, and youre holding a gun!. Ed Burke since 1969 won by Jeylu Gutierrez, Ald. Atkinson repeatedly said he had not done anything wrong. 9191 46 Comments 15 Shares Share A phone number for Smyly could not be located Thursday. 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. Incumbent Daniel La Spata nears outright victory but may face Sam Royko in runoff, while Proco Joe Moreno falls short, Seat held by Ald. Whether movers in Fort Collins are helping you Mitchell Byars has been reporting for the Daily Camera since 2011, covering breaking news and courts. Put that down, Smyly said on the tape. 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! 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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. 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. 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. 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. We can help you keep up. Put that down, Smyly said on the tape. City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinsons race. "I'm just checking to make sure that you have a right to be here, that's all. When Smyly asked for an address and date of birth, Atkinson walked away and began to pick up trash again. Thats what youre gonna do, officer? Read more here. When Zayde Atkinson refuses, Smyly threatens to tase him. Atkinson later reached a settlement with the city. 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. ", 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. All Rights Reserved. The city on Thursday announced the settlement but did not include the terms in a news release. He said he has had trouble sleeping and spends time outdoors or with friends to calm him. 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. According to the report, Smyly asked Atkinson if he lived there. Smyly, a 14-year veteran of the Boulder Police Department had no prior disciplinary action, it was. Rescuers searched through the burned-out wreckage of two trains that slammed into each other in northern Greece. After about eight minutes, more officers arrive and form a loose half circle around Atkinson. The subject officer did not have probable cause to charge Mr. Atkinson with any crime. We did not see any opportunity for harm, he wrote. 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. 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. 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. ABC7 New York 24/7 Eyewitness News Stream, a black man confronted by a Boulder police officer. City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. 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. Atkinson, 26, said he believes Smyly should have been fired immediately. 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. The job was publicly posted in 2019, Wagner said. Venus, the moon, Mars, and Jupiter are all visible in the eastern sky above Lake Michigan before sunrise June 23, 2022, in Chicago. . He tries to make his victim sit like a dog, for no reason other than to assert dominance over him. 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. While it found Smyly violated department policy, the report indicated there was not enough evidence to support racial bias being a factor. More officers -- 8 in total -- eventually arrived, some with guns drawn. 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. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo., detained him in March, 2019. 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. 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. My life right now is kind of restless, unsettled, he said. When Smyly asked for an address and date of birth, Atkinson walked away and began to pick up trash again. 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.. By. Finally, police confirm his story by asking someone else if he does, in fact, live there. Keyserling could not say if an officer still employed with the city would have the record included in their file. "My life right now is kind of restless, unsettled," he said. Living at Kimberly Court can seem like living in the most convenient location in Boulder. ", "I just told you I lived here and I told you that I'm working as well," 26-year-old Zayd Atkinson responded. Under a settlement with the city, Smyly will remain on Boulder's payroll until February 2020. We failed to consider the sentiment, or trigger that it might cause for people of color. Investigators found Smyly violated two department policies: police authority and public trust and conduct, the city attorney said. Its the day after Election Day. Watch Body Camera Video March 1, 2019 https://t.co/8NnfbXgMXX, Rae Ellen Bichell (@raelnb) May 16, 2019. They give brief insights into our people and places, our flora and fauna, and our past and present, from every corner of Colorado. Obviously, I still have things to learn. Copyright 2023 WABC-TV. Atkinson refused, then picked up the bucket and tool and walked away. John is not enjoying, agreed to immediately seek other employment outside of the county government. New video shows moment Boulder officer pulled gun on black man picking up trash in own yard. (Giannis Papanikos/AP). You want to know what is really going on these days, especially in Colorado. 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. Tracking the Chicago Blackhawks moves before the NHL trade deadline. In an effort to keep our community informed, we are now publishing some press peleases in whole. 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. 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. He said he has had trouble sleeping and spends time outdoors or with friends to calm him. 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. Former Boulder police officer John Smyly takes, 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 takes temporary civilian position with sheriffs office, Applications being accepted for vacancy created by Boulder County judges death, Man charged with hiding explosive in suitcase at Lehigh Valley airport; Allegiant flight was bound for Florida, Defendant in Boulder peeping incidents pleads guilty, Police investigate another phone threat to Boulder High, Brought to you by Prairie Mountain Publishing, who resigned after pointing a gun at a Black Naropa student, Boulder police investigating overnight shooting, suspect still at large, Years later, Boulder officials look for compromise as affordable housing promise at former Fruehaufs site still unfulfilled, Colorado grocery stores can begin selling wine on Wednesday, 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. Im picking up trash! 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. Read more here. He did not mention the incident in his resignation letter. 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. Atkinson said he did and gave Smyly his Naropa student ID. Police shooting verdict sparks protest in California: in pictures Show all 10 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. The results of that review will not affect the settlement agreement. Stop!. 10-1! Not for the "stupid price" of $150 an acre foot. The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. Under the agreement, Smyly resigned his police role on May 9 but will remain an employee through February without performing any work. Pelle wrote that his initial hiring approval was based on Smyly being the best candidate for the job, which was a temporary, non-enforcement job with no public contact or representation.. 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. . ", "I just told you I lived here and I told you that I'm working as well," 26-year-old Zayd Atkinson responded. Smyly resigned prior to the conclusion of the disciplinary process, but police indicated the process would have likely resulted in suspension or termination. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. 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 Valley School District is part of the K-12 Schools industry, and located in Colorado, United States. 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