TwoFeather. 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. 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. 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 . Officer John Smyly (Photo: Boulder Police Department) Atkinson said he did, and Smyly asked for identification with the address on it. Living at Kimberly Court can seem like living in the most convenient location in Boulder. Whats next after moving on from Patrick Kane? He tries to make his victim sit like a dog, for no reason other than to assert dominance over him. And remember, for the latest breaking news in Chicago, visit chicagotribune.com/breaking and sign up to get our alerts on all your devices. 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. According to the report, Atkinson raised his voice and Smyly felt threatened by the trash grabber and drew his stun gun. City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. One of the other officers arrived with a handgun drawn but holstered it, while another had a stun gun drawn. Heres what it all means. 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. Wake up to the day's most important news. 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. 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. The subject officer did not have probable cause to charge Mr. Atkinson with any crime. Thats what youre gonna do, officer? As part of the settlement agreement between Smyly and the City of Boulder his file "will document separation from employment due to resignation.". According to the report, Smyly asked Atkinson whether he lived in the building, which was Naropa student housing. Cubs pitcher Drew Smyly is introduced at the opening ceremony of the Cubs Convention at the Sheraton Grand Chicago, Jan. 13, 2023, in Chicago. 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 officer was identified today as 40-year-old John Smyly, a 14-year veteran of the department with no prior disciplinary action. Smyly told the department he could not tell what race Atkinson was when he first saw him. It takes a good days drive to cover Colorado, but well help you do it in a few minutes. 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. Atkinson said he did, but did not elaborate when Smyly asked him what unit he lived in. He tries to make his victim sit like a dog, for no reason other than to assert dominance over 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. 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. 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. Atkinson repeatedly said he had not done anything wrong. "Give him his ID back and we're outta here," one of the officers is heard saying. 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. John is not enjoying the spotlight or controversy and understands it is necessary for him to leave. You want to know what is really going on these days, especially in Colorado. Smyly resigned prior to the conclusion of the disciplinary process, but police indicated the process would have likely resulted in suspension or termination. 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 later reached a settlement with the city. 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. We failed to consider the sentiment, or trigger that it might cause for people of color. By submitting your email to receive this newsletter, you agree to our. Officer down, officer down!: 911 call from scene where Chicago cop shot, left very critical on Southwest Side, Photos: Chicago cop shot, left very critical on Southwest Side, Colson Montgomery, the Chicago White Soxs top prospect, is taking it all in during major-league camp, Do Not Sell/Share My Personal Information. Im not tryi. "Give him his ID back and we're outta here," one of the officers is heard saying. 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. 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. "My life right now is kind of restless, unsettled," he said. "Well I believe that this man had approached me because I'm a black male in an all-white town," Atkinson said later. 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. According to the report, Smyly asked Atkinson whether he lived in the building, which was Naropa student housing. At one point the officer says, "you're probably going to get tased.". 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. 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. Atkinson said he did, and Smyly asked for identification with the address on it. "I'm just checking to make sure that you have a right to be here, that's all. 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! Thats what youre gonna do, officer? The officer then called for back-up, leading to eight officers surrounding the college student. 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 Lookout is a free, daily email newsletter with news and happenings from all over Colorado. The officer in Boulder left under an agreement that lets him collect salary despite violating department policies. 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. Recordings emerged of Greene referring to deputies in his department as "Black bastards" and "snakes.". New video shows moment Boulder officer pulled gun on black man picking up trash in own yard. My life right now is kind of restless, unsettled, he said. 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. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. Newly-released body camera video shows how it all started. Read more here. 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.. Your hand is on your weapon and youre gonna shoot me, Atkinson shouted. If you or I were to do this, we would be criminally charged. Atkinson said he did and gave Smyly his Naropa student ID. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo., detained him in March, 2019. Thats my fault, I take responsibility. 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. The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. ABC7 New York 24/7 Eyewitness News . The Boulder Chapter of the NAACP, which emailed the Camera about the hire, decried Smylys hiring in a statement. 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 Its the day after Election Day. TV Q&A: Is a Pittsburgher writing for CBSs East New York? The city on Thursday announced the settlement but did not include the terms in a news release. City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinsons race. 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. Colorado mountain towns are exploring a lawsuit against the US Postal Service over poor service. 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. "Shouldn't that be enough for you?". You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. Smyly said he noticed Atkinson on the rear patio and wanted to see if he lived or worked there. Part of HuffPost News. We would immediately lose our jobs., Body cam video is out. "My life right now is kind of restless, unsettled," he . Boulder officials did not immediately return a request for how much Smyly would be paid during his time on leave. John Smyly, the Boulder, Colorado, officer who initiated contact with Zayd Atkinson that resulted in a tense interaction where several officers drew their guns, was allowed to resign. After about eight minutes, more officers arrive and form a loose half circle around Atkinson. 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. Western Pennsylvania's trusted news source. 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. 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. One officer can be seen holding a rifle; the investigative summary says the weapon fires bean bags. My life right now is kind of restless, unsettled, he said. We would immediately lose our jobs.. 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. 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. When Smyly asked for an address and date of birth, Atkinson walked away and began to pick up trash again. Gen Z Voices: Attending school on a tribal reservation, and outside of it, led Aidan Gover to discover the disparities in education. 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. Jim Gardiner is top vote-getter, likely headed to runoff with Megan Mathias, which mayoral candidate received the most votes in your ward, Oak Lawn officer pleads not guilty in violent arrest captured on video, allegedly struck teen more than 10 times, Woman, 55, fatally wounded Tuesday night in North Austin neighborhood, Man fatally injured when SUV falls on him near Gages Lake, Pizzeria Uno sells frozen pizza division to Romeoville-based Great Kitchens. How do you feel?" Under the agreement, Smyly resigned his police role on May 9 but will remain an employee through February without performing any work. As part of a settlement with the city, Smyly remained under city employment until February as he exhausted accrued holiday, sick and administrative leave. If you or I were to do this, we would be criminally charged. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo., detained him in March, 2019. ", 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. This was very difficult because John has not violated any policies here and has been a very productive, pleasant employee. Stop!. Investigators found Smyly violated two department policies: police authority and public trust and conduct, the city attorney said. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. 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. Police shooting verdict sparks protest in California: in pictures Show all 10 The Moving can be an exciting experience. Opinion: Colorado farms going fallow? 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. 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 video, Atkinson responds by shouting: Thats a gun! Atkinson said he did, and Smyly asked for identification with the address on it. 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. We did not see any opportunity for harm. After about eight minutes, more officers arrive and form a loose half circle around Atkinson. 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. That 's all 9 but will remain an employee through February without performing any work ; he, officers. Difficult because John has not violated any policies here and has been a very where is officer john smyly now, employee... Might cause for people of color it takes a good days drive to cover Colorado but! A 14-year veteran of the NAACP, which was Naropa student ID the camera about hire! 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