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"Well I believe that this man had approached me because I'm a black male in an all-white town," Atkinson said later. Smyly resigned prior to the conclusion of the disciplinary process, but police indicated the process likely would have resulted in suspension or termination. 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. Investigators found Smyly violated two department policies: police authority and public trust and conduct, the city attorney said. 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. At one point the officer says, "you're probably going to get tased.". "Give him his ID back and we're outta here," one of the officers is heard saying. 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. 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. The US economy is sending mixed signals. He. Smyly said he noticed Atkinson on the rear patio and wanted to see if he lived or worked there. City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinson's race. 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. He has agreed to immediately seek other employment outside of the county government. CPR's Joella Baumann contributed to this report. Oyeneyin was handcuffed and detained in his own home after police responded to a burglar alarm in process. ", 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. Atkinson repeatedly said he had not done anything wrong. Finally, police confirm his story by asking someone else if he does, in fact, live there. (John J. Kim/Chicago Tribune). 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. City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinsons race. We w, This was very difficult because John has not violated any policies here and has been a very productive. More officers -- 8 in total -- eventually arrived, some with guns drawn. Whether movers in Fort Collins are helping you Mitchell Byars has been reporting for the Daily Camera since 2011, covering breaking news and courts. 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. Opinion: Colorado farms going fallow? 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. Part of HuffPost News. He did not mention the incident in his resignation letter. Atkinson later reached a settlement with the city. Incumbent Daniel La Spata nears outright victory but may face Sam Royko in runoff, while Proco Joe Moreno falls short, Seat held by Ald. 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. A phone number for Smyly could not be located Thursday. The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. Smyly asked for Atkinsons date of birth. John Smyly Current Workplace. 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. Atkinsons attorney did not respond to requests for comment. 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. 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. 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., Body cam video is out. 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. The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. The shooting was one of the deadliest . "Shouldn't that be enough for you?". 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. Stop!. 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. 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. 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. 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. John is not enjoying the spotlight or controversy and understands it is necessary for him to leave. 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 said he has had trouble sleeping and spends time outdoors or with friends to calm him. 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.. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo., detained him in March, 2019. Atkinson provided his school ID, which did not have an address and then offered to let himself into the building as proof. 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. Atkinson said he did and gave Smyly his Naropa student ID. 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. By. Not for the "stupid price" of $150 an acre foot. 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. John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. Listen now. When Zayde continues to refuse to be John Smyly's b****, Smyly brandished a fire arm to try to further intimidate his victim into compliance. New video shows moment Boulder officer pulled gun on black man picking up trash in own yard. Read more here. When Smyly asked for an address and date of birth, Atkinson walked away and began to pick up trash again. The city of Boulder is paying this officer nearly $80,000 for violating the constitutional rights of Zayd. The Lookout is a free, daily email newsletter with news and happenings from all over Colorado. 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. 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. Im picking up trash, and youre holding a gun!. Your hand is on your weapon and youre gonna shoot me, Atkinson shouted. Atkinson said he did, and Smyly asked for identification with the address on it. Rossana Rodriguez Sanchez declares victory over political machine, Billionaires son emerges as winner, set on addressing crime and development, Embattled Ald. And remember, for the latest breaking news in Chicago, visit chicagotribune.com/breaking and sign up to get our alerts on all your devices. Boulder police officer who confronted black, 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), Get to know all 17 Denver mayor candidates , Boulder police officer who confronted black Naropa student to resign, Denver East High student dies more than two weeks after being shot outside school, Multiple Colorado schools temporarily placed under secure status due to threats, Off-duty Denver police officer hits, kills man walking on road, Woman shot near CU Boulder overnight, suspect is at large, Boulder King Soopers shooting suspect has schizophrenia, defense says, Denver airport CEO Phil Washington tangles with Sen. Ted Cruz during FAA confirmation hearing, Man killed in shooting outside of Aurora apartment complex, who confronted a black Naropa student picking up trash outside his residence in March, Denver just got a direct flight to this Caribbean island known for music history and vegetarian cooking, Coloradans may have another chance to see the northern lights Monday night, Denver gang member gave 14-year-old permission to open fire on woman with AR-15 after fender-bender, DA alleges, Feds sue water company for rupture damaging Rocky Mountain National Park -- again, Price of gas in Colorado has risen 51% since Suncor's refinery shutdown in late December. 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. But an independent review of the confrontation found no impropriety in the procedures . Now that the two candidates have been determined . We have concluded this hire was not helpful to our equity work, and I wish to inform you of the resolution to the issue. 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. Finally, police confirm his story by asking someone else if he does, in fact, live there. Your hand is on your weapon and youre gonna shoot me, Atkinson shouted. 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. Newly-released . Read more here. He tries to make his victim sit like a dog, for no reason other than to assert dominance over him. Atkinson said he did, but did not elaborate when Smyly asked him what unit he lived in. Put that down, Smyly said on the tape. Living at Kimberly Court can seem like living in the most convenient location in Boulder. All rights reserved. Atkinson provided his school ID, which did not have an address and then offered to let himself into the building as proof. New video shows moment Boulder officer pulled gun on black man picking up trash in own yard. Im picking up trash, and youre holding a gun!. We assure you it had an impact, they wrote. 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. 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. 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. 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 was allowed to resign, and is likely working for another department at this time. 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