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. Copyright 2023 WABC-TV. Investigators found Smyly violated two department policies: police authority and public trust and conduct, the city attorney said. Kazeem Oyeneyin answers the door at his home in Raleigh, N.C., on Aug. 17. ", 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. 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. Atkinson repeatedly said he had not done anything wrong. The man he tried to bully and intimidate, Zayde Atkinson, NEVER gave in. We looked at this through the lens of safety and exposure. "I'm just checking to make sure that you have a right to be here, that's all. ", 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 refused, then picked up the bucket and tool and walked away. Boulder officials did not immediately return a request for how much Smyly would be paid during his time on leave. Former officer John Smyly will continue to have an unblemished history with the Boulder Police Department. The City of Boulder released a statement Thursday saying, "while the finding likely would have resulted in suspension or possibly termination, Officer Smyly resigned prior to the conclusion of the disciplinary process. Newly-released. And remember, for the latest breaking news in Chicago, visit chicagotribune.com/breaking and sign up to get our alerts on all your devices. The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. 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. 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. Obviously, I still have things to learn.. Atkinson refused, then picked up the bucket and tool and walked away. 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. ", "I just told you I lived here and I told you that I'm working as well," 26-year-old Zayd Atkinson responded. City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinson's race. City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinsons race. Investigators found Smyly violated two department policies: police authority and public trust and conduct, the city attorney said. City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. 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. 10-1! ABC7 New York 24/7 Eyewitness News Stream, a black man confronted by a Boulder police officer. 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.. Now that the two candidates have been determined . Under a settlement with the city, Smyly will remain on Boulder's payroll until February 2020. He says funding is key. A phone number for Smyly could not be located Thursday. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. Keyserling could not say if an officer still employed with the city would have the record included in their file. Venus, the moon, Mars, and Jupiter are all visible in the eastern sky above Lake Michigan before sunrise June 23, 2022, in Chicago. CPR's Joella Baumann contributed to this report. 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. We would immediately lose our jobs.. 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. Part of HuffPost News. The subject officer did not have probable cause to charge Mr. Atkinson with any crime. 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. 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. The officer was identified today as 40-year-old John Smyly, a 14-year veteran of the department with no prior disciplinary action. 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. 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. When Zayde Atkinson refuses, Smyly threatens to . Smyly asked for Atkinsons date of birth. Such is the case of Boulder, Colo., police officer John Smyly over his interaction with Zayd Atkinson on March 1st this year. 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. But an independent review of the confrontation found no impropriety in the procedures . 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. Old post, but he moved to Longmont, CO and became a rent a cop, according to his LinkedIn.Funny he changed his display name to John S., but didn't change the URL from his full name. Rescuers searched through the burned-out wreckage of two trains that slammed into each other in northern Greece. Press Releases are provided to Yellow Scene. Smyly said he noticed Atkinson on the rear patio and wanted to see if he lived or worked there. He. 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 . All Rights Reserved. John is not enjoying the spotlight or controversy and understands it is necessary for him to leave. 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 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. Investigators found Smyly violated two department policies: police authority and public trust and conduct, the city attorney said. Stop!. Atkinson refused, then picked up the bucket and tool and walked away. 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. When Smyly asked for an address and date of birth, Atkinson walked away and began to pick up trash again. 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. Cubs pitcher Drew Smyly is introduced at the opening ceremony of . 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. Boulder Valley School District is part of the K-12 Schools industry, and located in Colorado, United States. Video of the incident from Smyly's body camera shows him detaining . 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. He tries to make his victim sit like a dog, for no reason other than to assert dominance over him. 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 of the officers involved in the latter scenario, John Smyly, resigned from the BPD earlier this month. More officers -- 8 in total -- eventually arrived, some with guns drawn. Atkinson repeatedly said he had not done anything wrong. Whether movers in Fort Collins are helping you Mitchell Byars has been reporting for the Daily Camera since 2011, covering breaking news and courts. The report concluded Smyly violated department policy during the encounter with Atkinson. Smyly said he noticed Atkinson on the rear patio and wanted to see if he lived or worked there. John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. You can read the full agreement below. 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. Our staff spoke to John Smyly yesterday concerning the controversy over his temporary position here. 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. 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. ABC7 New York 24/7 Eyewitness News . Sheriff Pelle might be surprised if he were to poll his Black employees the limited number he has to hear their position on Smyly being hired after Smylys racist incident as an officer, Darren OConnor wrote in an email on behalf of the local NAACP chapter. If you or I were to do this, we would be criminally charged. When Mr. Atkinson walked away, continuing to pick up trash, the subject officer believed he had probable cause to charge Mr. Atkinson for obstructing a police officer. Newly-released . Officer John Smyly (Photo: Boulder Police Department) In an effort to keep our community informed, we are now publishing some press peleases in whole. 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, and we placed a written deadline on departure by the end of the year. Police shooting verdict sparks protest in California: in pictures Show all 10 The Moving can be an exciting experience. He has agreed to immediately seek other employment outside of the county government. Put that down, Smyly said on the tape. TwoFeather. . "Shouldn't that be enough for you?". Thats what youre gonna do, officer? 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. Listen now. It takes a good days drive to cover Colorado, but well help you do it in a few minutes. 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. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. Its the day after Election Day. 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. Not today.. 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 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. Under the agreement, Smyly resigned his police role on May 9 but will remain an employee through February without performing any work. Since Live PD and Cops was cancelled, James Freeman does LIVE STREAMING COP WATCHES. Newly-released body camera video shows how it all started. (Tribune photo by Nancy Stone). The independent review, conducted by former U.S. Attorney for the District of Colorado, Bob Troyer, will soon be released by the city. 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. 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. "My life right now is kind of restless, unsettled," he . Read more here. . When Smyly asked for an address and date of birth, Atkinson walked away and began to pick up trash again. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. Simon and Sally Glass say findings vindicate their belief that their son was murdered by Clear Creek County sheriff's deputies. 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! Your hand is on your weapon and youre gonna shoot me, Atkinson shouted. Our newsletters bring you a closer look at the stories that affect you and the music that inspires you. On the video, Atkinson responds by shouting: Thats a gun! 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. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo., detained him in March, 2019. John Smyly has been working as a Officer John at Boulder Valley School District for 9 years. Atkinson provided his school ID, which did not have an address and then offered to let himself into the building as proof. 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. but it can also be stressful. Your hand is on your weapon and youre gonna shoot me, Atkinson shouted. 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. He did not mention the incident in his resignation letter. 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