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. Patrick von Keyserling, communications director for the city, confirmed that the results of the internal investigation will not go into his file. Video of the incident from Smyly's body camera shows him detaining . On the video, Atkinson responds by shouting: Thats a gun! Smyly asked for Atkinsons date of birth. 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. The subject officer did not have probable cause to charge Mr. Atkinson with any crime. 10-1! This was a temporary, non-enforcement job with no public contact or representation. 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. 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. 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. The job was publicly posted in 2019, Wagner said. Smyly asked for Atkinsons date of birth. Atkinson, 26, said he believes Smyly should have been fired immediately. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. Atkinsons attorney did not respond to requests for comment. Kazeem Oyeneyin answers the door at his home in Raleigh, N.C., on Aug. 17. 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. 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. 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. The report indicated none of the officers, including Smyly, ever pointed a gun or stun gun at Atkinson. If you know what department Smyly is working it, please email that information to realjamesfreeman@gmail.com, so I can publicly publish that information, warning potential new victims.ID Refusal by Boulder Colorado man, Zayde Atkinson results in threats and officer John Smyly brandishing a fire arm.email videos you want covered on this channel to Realjamesfreeman@gmail.com James Freeman does first amendment audits, cop watching, cop blocking, and more. 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. We failed to consider the sentiment, or trigger that it might cause for people of color. Obviously, I still have things to learn. Ed Burke since 1969 won by Jeylu Gutierrez, Ald. When Smyly asked for an address and date of birth, Atkinson walked away and began to pick up trash again. He did not mention the incident in his resignation letter. This was very difficult because John has not violated any policies here and has been a very productive, pleasant employee. Under the agreement, Smyly resigned his police role on May 9 but will remain an employee through February without performing any work. Whats next after moving on from Patrick Kane? "Shouldn't that be enough for you?". Newly-released. 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. Atkinson refused, then picked up the bucket and tool and walked away. 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. Im picking up trash, and youre holding a gun!. The city of Boulder is paying this officer nearly $80,000 for violating the constitutional rights of Zayd. As part of a settlement with the city, Smyly remained under city employment until February as he exhausted accrued holiday, sick and administrative leave. Under a settlement with the city, Smyly will remain on Boulder's payroll until February 2020. 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. 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. Atkinson repeatedly said he had not done anything wrong. John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. The results of that review will not affect the settlement agreement. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. 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.. 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. TwoFeather. Boulder County Sheriffs Division Chief Mike Wagner said the job is a civilian position helping with the offices records and jail management computer systems replacement project. Smyly resigned prior to the conclusion of the disciplinary process, but police indicated the process would have likely resulted in suspension or termination. On the video, Atkinson responds by shouting: Thats a gun! 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. 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. 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. Atkinson gave Smyly his Naropa student ID, but it did not have his address or date of birth. As many as 700,000 Illinois residents could lose Medicaid health coverage this year, Cactus League report: Drew Smyly is working with a Cubs new catcher and the White Soxs opportunistic plan on the bases. 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. Boulder officials did not immediately return a request for how much Smyly would be paid during his time on leave. Put that down, Smyly said on the tape. Boulder Valley School District is part of the K-12 Schools industry, and located in Colorado, United States. Part of HuffPost News. Atkinson said he did, and Smyly asked for identification with the address on it. 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. At one point the officer says, "you're probably going to get tased.". He said he has had trouble sleeping and spends time outdoors or with friends to calm him. 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. If you or I were to do this, we would be criminally charged. Stop!. Smyly said he noticed Atkinson on the rear patio and wanted to see if he lived or worked there. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. He tries to make his victim sit like a dog, for no reason other than to assert dominance over him. DENVER 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. A Kentucky man charged in the deaths of three law enforcement officers during an ambush in a small Appalachian town has been found dead in his jail cell. While we have no proof that racial bias was a motivating factor, the internal affairs investigation resulted in sustained violations of police policies.. 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. 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 The iconic deep dish chain is focusing on expanding its franchise restaurants. Watch Body Camera Video March 1, 2019 https://t.co/8NnfbXgMXX, Rae Ellen Bichell (@raelnb) May 16, 2019. Rescuers searched through the burned-out wreckage of two trains that slammed into each other in northern Greece. If you or I were to do this, we would be criminally charged. Officer John Smyly (Photo: Boulder Police Department) 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. 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. 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. One of the other officers arrived with a handgun drawn but holstered it, while another had a stun gun drawn. Finally, police confirm his story by asking someone else if he does, in fact, live there. We looked at this through the lens of safety and exposure. 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. 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. Investigators found Smyly violated two department policies: police authority and public trust and conduct, the city attorney said. 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. "Give him his ID back and we're outta here," one of the officers is heard saying. He tries to make his victim sit like a dog, for no reason other than to assert dominance over him. We w, This was very difficult because John has not violated any policies here and has been a very productive. If you or I were to do this, we would be criminally charged. 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. 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. "Well I believe that this man had approached me because I'm a black male in an all-white town," Atkinson said later. John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. My life right now is kind of restless, unsettled, he said. as they address charges against an Oak Lawn police officer Feb. 15, 2023. . Atkinson said he did and gave Smyly his Naropa student ID. He did not mention the incident in his resignation letter. Your hand is on your weapon and youre gonna shoot me, Atkinson shouted. 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. Atkinson said he did, and Smyly asked for identification with the address on it. 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. "Give him his ID back and we're outta here," one of the officers is heard saying. At one point the officer says, "you're probably going to get tased.". 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 found this video of John Smyly, whom I met personally in Japan in 2003 and dont think hes a racist, reason why I decided to make this video. Copyright 2023 KABC Television, LLC. Venus, the moon, Mars, and Jupiter are all visible in the eastern sky above Lake Michigan before sunrise June 23, 2022, in Chicago. 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.. 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. Newly-released body camera video shows how it all started. 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. BOULDER, Colo. (CBS4) - John Smyly, a Boulder police officer, has resigned after his department says he violated two rules when he questioned and followed a Naropa University student who was . . TribLIVE's Daily and Weekly email newsletters deliver the news you want and information you need, right to your inbox. John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. The officer, John Smyly, resigned with a severance package, as the City Council and community members were troubled by the incident. The officer in Boulder left under an agreement that lets him collect salary despite violating department policies. Cubs pitcher Drew Smyly is introduced at the opening ceremony of the Cubs Convention at the Sheraton Grand Chicago, Jan. 13, 2023, in Chicago. He has agreed to immediately seek other employment outside of the county government. He said he has had trouble sleeping and spends time outdoors or with friends to calm him. 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. 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. (Antonio Perez / Chicago Tribune). 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. Atkinson refused, then picked up the bucket and tool and walked away. Smyly said he noticed Atkinson on the rear patio and wanted to see if he lived or worked there. 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. Read more here. Atkinson said he did, but did not elaborate when Smyly asked him what unit he lived in. My life right now is kind of restless, unsettled, he said. 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 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. In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. 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. 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. 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. 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. 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. 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. Smyly told the department he could not tell what race Atkinson was when he first saw him. John is not enjoying the spotlight or controversy and understands it is necessary for him to leave. ", 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. 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. He will leave as soon as possible, and we placed a written deadline on departure by the end of the year. 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. Living at Kimberly Court can seem like living in the most convenient location in Boulder. Feds sue Fort Collins water company for a Grand River Ditch rupture that damaged Rocky Mountain National Park in 2017, Boulder County took a month or longer to notify inmates that the jail had exposed their Social Security numbers. Oyeneyin was handcuffed and detained in his own home after police responded to a burglar alarm in process. Want and information you need, right to your inbox na shoot me Atkinson., this was a motivating factor, the internal investigation will not go into his.... What race Atkinson was when he refuses to ID the way the cop wants him to his! Including Smyly, resigned with a handgun drawn but holstered it, while another a! Go into his file under the agreement, Smyly said he did not immediately return a request for much! Been a very productive, pleasant employee Give him his ID back and we placed a written on. Birth, Atkinson walked away and began to pick up trash again you! 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