Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo., detained him in March, 2019. ABC7 New York 24/7 Eyewitness News . 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. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. But Carr did elaborate on the decision not to fire or suspend Smyly in the statement. Heres what it all means. Atkinson provided his school ID, which did not have an address and then offered to let himself into the building as proof. Finally, police confirm his story by asking someone else if he does, in fact, live 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. Press Releases are provided to Yellow Scene. Read more here. Atkinson repeatedly said he had not done anything wrong. As part of a settlement with the city, Smyly remained under city employment until February as he exhausted accrued holiday, sick and administrative leave. Chicago Tribune editors' top story picks, delivered to your inbox each afternoon. Ex-Boulder Officer John Smyly was found in violation of department policy. 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. 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. My life right now is kind of restless, unsettled, he said. 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. Smyly asked for Atkinsons date of birth. Atkinson said he did and gave Smyly his Naropa student ID. Boulder police said there is no evidence Atkinson was racially profiled. ", 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. Read more here. Finally, police confirm his story by asking someone else if he does, in fact, live there. He has agreed to immediately seek other employment outside of the county government. but it can also be stressful. "Well I believe that this man had approached me because I'm a black male in an all-white town," Atkinson said later. Put that down, Smyly said on the tape. 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. Sign up here and we will see you in the morning! The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. "I'm just checking to make sure that you have a right to be here, that's all. Atkinson provided his school ID, which did not have an address and then offered to let himself into the building as proof. You can read the full agreement below. 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. 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. 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. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. Smyly resigned prior to the conclusion of the disciplinary process, but police indicated the process would have likely resulted in suspension or termination. Atkinson later reached a settlement with the city. We would immediately lose our jobs.. 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. 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. 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 our staff interviewed the candidates for this term position, Smyly was the best qualified applicant. 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. "Give him his ID back and we're outta here," one of the officers is heard saying. Thats what youre gonna do, officer? TV Q&A: Is a Pittsburgher writing for CBSs East New York? According to the report, Smyly asked Atkinson whether he lived in the building, which was Naropa student housing. Atkinson refused, then picked up the bucket and tool and walked away. 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. 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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. They give brief insights into our people and places, our flora and fauna, and our past and present, from every corner of Colorado. 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 That's when the tense 22-minute stand-off ends. 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. Oyeneyin was handcuffed and detained in his own home after police responded to a burglar alarm in process. "Shouldn't that be enough for you?". My life right now is kind of restless, unsettled, he said. A phone number for Smyly could not be located Thursday. 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. We assure you it had an impact, they wrote. We looked at this through the lens of safety and exposure. ", 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. More officers -- 8 in total -- eventually arrived, some with guns drawn. When Zayde Atkinson refuses, Smyly threatens to tase him. 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. Copyright 2023 KABC Television, LLC. Investigators found Smyly violated two department policies: police authority and public trust and conduct, the city attorney said. That's when the tense 22-minute stand-off ends. Concluding the investigation allows the city to release all of the information relating to the incident, allowing community members to form their own opinions based on all of the available information, Boulder City Attorney Tom Carr said in a statement. "I couldn't help but notice you sitting on the patio out there," officer John Smyly says in the video. 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. "Shouldn't that be enough for you?". Atkinson later reached a settlement with the city. We looked at this through the lens of safety and exposure. Such is the case of Boulder, Colo., police officer John Smyly over his interaction with Zayd Atkinson on March 1st this year. 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. The footage shows Smyly investigating Atkinson for trespassing. 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. John is not enjoying the spotlight or controversy and understands it is necessary for him to leave. Under a settlement with the city, Smyly will remain on Boulder's payroll until February 2020. The Moving can be an exciting experience. 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.. 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. 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. 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. Ultimately, I approved the hire. Ed Burke since 1969 won by Jeylu Gutierrez, Ald. 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 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. 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 . Atkinsons attorney did not respond to requests for comment. A phone number for Smyly could not be located Thursday. Atkinson said he did, and Smyly asked for identification with the address on it. 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. "I'm just checking to make sure that you have a right to be here, that's all. Atkinson, 26, said he believes Smyly should have been fired immediately. Pelle added the decision was very difficult because Smyly didnt violate any policies and has been a very productive, pleasant employee. Smyly will leave as soon as possible, once the projects hes working on are complete, with a departure deadline of the end of the year, according to Pelle. Newly-released. Im not tryi. 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. 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. LOVELAND, Colo., Feb. 27, 2023 /PRNewswire/ -- Meyer Natural Foods, a leading provider of natural and organic proteins, announces the appointment of John Keating as the company's new Chief . 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. Opinion: Colorado farms going fallow? (John J. Kim / Chicago Tribune). 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. 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. The Boulder police officer who confronted a black Naropa student picking up trash outside his residence in March was found in violation of department policies and is resigning following an internal investigation. The settlement allowed the city to provide the community information more quickly, and it transitioned Officer Smyly out of a law enforcement career.. Our staff spoke to John Smyly yesterday concerning the controversy over his temporary position here. 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. If you or I were to do this, we would be criminally charged. 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. Read more here. Stop!. City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. 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. Thats what youre gonna do, officer? 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. 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. My life right now is kind of restless, unsettled, he said. This was, We failed to consider the sentiment, or tr, equity training and discussions and are committed to, and working with county staff on whatever tools might help us in those, Evolving Doors Dance Moving Through: Bodies, Music, Images, Experience, Boulder County Neighbors Come Together to Support Former Lyons Resident After Racist Facebook Comments Spark Tension | Press Release, SF1 Birthday Bash at Ophelias Electric Soapbox, square product theatre presents return of Greg Woheads Celebration, Florida, Colorado county buys controversial phone-hacking tech using money meant to treat, prevent drug addiction, Impacted Residents Petition Continuous Air Quality Monitoring | Open Letter to the Erie Board of Trustees, On holding Bidens feet to the fire, disproportionate policing, and white supremacists: the Colorado Capitol on Inauguration Day 2021, Impeach Trump Car Parade and Rally: January 10th | Kenneth Wajda Photos, Former sheriffssergeant arrested for using excessive force | Press Release, NAACP Boulder County Letter to Boulder City Council on Police Accountability and Housing for Homeless during the Pandemic. As part of the settlement agreement between Smyly and the City of Boulder his file "will document separation from employment due to resignation.". Patrick von Keyserling, communications director for the city, confirmed that the results of the internal investigation will not go into his file. 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. Investigators found Smyly violated two department policies: police authority and public trust and conduct, the city attorney said. 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. 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. "My life right now is kind of restless, unsettled," he said. This was a temporary, non-enforcement job with no public contact or representation. Since Live PD and Cops was cancelled, James Freeman does LIVE STREAMING COP WATCHES. Under the agreement, Smyly resigned his police role on May 9 but will remain an employee through February without performing any work. Read more here. Wake up to the day's most important news. The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. The officer in Boulder left under an agreement that lets him collect salary despite violating department policies. 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. 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. Boulder Valley School District is part of the K-12 Schools industry, and located in Colorado, United States. We did not see any opportunity for harm, he wrote. Boulder Valley School District. Im picking up trash! 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 said he did, and Smyly asked for identification with the address on it. 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. 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. 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. (Giannis Papanikos/AP). 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 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. (Antonio Perez / Chicago Tribune). When Zayde Atkinson refuses, Smyly threatens to tase him. 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.. 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. Im picking up trash, and youre holding a gun!. 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. Put that down, Smyly said on the tape. 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. 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. Greenwood & Myers Mortuary is the first choice for many families when they are seeking services. More officers -- 8 in total -- eventually arrived, some with guns drawn for Smyly could not be where is officer john smyly now. Escalates the situation '' one of the K-12 Schools industry, and asked! Now is kind of restless, unsettled, & quot ; he said obstructing a police,... 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