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. 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 job was publicly posted in 2019, Wagner said. City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. Atkinson said he did, and Smyly asked for identification with the address on it. 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. Smyly was allowed to resign, and is likely working for another department at this time. 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. When Zayde Atkinson refuses, Smyly threatens to . Rossana Rodriguez Sanchez declares victory over political machine, Billionaires son emerges as winner, set on addressing crime and development, Embattled Ald. "Shouldn't that be enough for you?". 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. 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. 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. 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. Ex-Boulder Officer John Smyly was found in violation of department policy. A phone number for Smyly could not be located Thursday. 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. One of the other officers arrived with a handgun drawn but holstered it, while another had a stun gun drawn. Our staff spoke to John Smyly yesterday concerning the controversy over his temporary position here. TwoFeather. Ultimately, I approved the hire. According to the report, Smyly asked Atkinson whether he lived in the building, which was Naropa student housing. Smyly said he noticed Atkinson on the rear patio and wanted to see if he lived or worked there. 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. Atkinson said he did, but did not elaborate when Smyly asked him what unit he lived in. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. Atkinson, 26, said he believes Smyly should have been fired immediately. 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. (John J. Kim / Chicago Tribune). Now that the two candidates have been determined for the runoff election for Chicago mayor, more of the aldermanic races are becoming clearer. Heres what it all means. The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinsons race. 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. He did not mention the incident in his resignation letter. He has agreed to immediately seek other employment outside of the county government.. Wake up to the day's most important news. He tries to make his victim sit like a dog, for no reason other than to assert dominance over him. A phone number for Smyly could not be located Thursday. Im not tryi. We appreciate that in your letter to us you have confirmed your commitment to the efforts of the county to address race and equity issues.. Read more here. The subject officer did not have probable cause to charge Mr. Atkinson with any crime. 2023 BuzzFeed, Inc. All rights reserved. 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. Boulder police said there is no evidence Atkinson was racially profiled. The officer then called for back-up, leading to eight officers surrounding the college student. We have concluded this hire was not helpful to our equity work, and I wish to inform you of the resolution to the issue. They give brief insights into our people and places, our flora and fauna, and our past and present, from every corner of Colorado. John Smyly Current Workplace. Cubs pitcher Drew Smyly is introduced at the opening ceremony of . At one point the officer says, "you're probably going to get tased.". While it found Smyly violated department policy, the report indicated there was not enough evidence to support racial bias being a factor. Boulder police said there is no evidence Atkinson was racially profiled. The city of Boulder is paying this officer nearly $80,000 for violating the constitutional rights of Zayd. The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. The exchange between Officer Smyly and Mr. Atkinson does not represent the professionalism of the Boulder Police Department nor the community Boulder desires to be. You can read the full agreement below. By submitting your email to receive this newsletter, you agree to our. 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. This was very difficult because John has not violated any policies here and has been a very productive, pleasant employee. The city on Thursday announced the settlement but did not include the terms in a news release. Ed Burke since 1969 won by Jeylu Gutierrez, Ald. Oyeneyin was handcuffed and detained in his own home after police responded to a burglar alarm in process. And remember, for the latest breaking news in Chicago, visit chicagotribune.com/breaking and sign up to get our alerts on all your devices. We would immediately lose our jobs.. Simon and Sally Glass say findings vindicate their belief that their son was murdered by Clear Creek County sheriff's deputies. 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. Atkinson, 26, said he believes Smyly should have been fired immediately. 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. One of the officers involved in the latter scenario, John Smyly, resigned from the BPD earlier this month. John is not enjoying the spotlight or controversy and understands it is necessary for him to leave. ", "I just told you I lived here and I told you that I'm working as well," 26-year-old Zayd Atkinson responded. 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. According to the report, Atkinson raised his voice and Smyly felt threatened by the trash grabber and drew his stun gun. 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. My life right now is kind of restless, unsettled, he said. Not for the "stupid price" of $150 an acre foot. He said he has had trouble sleeping and spends time outdoors or with friends to calm him. 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. 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! Smyly asked for Atkinsons date of birth. 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.. 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. We can help you keep up. "I'm just checking to make sure that you have a right to be here, that's all. 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. Thats what youre gonna do, officer? 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. Smyly decided to approach Atkinson on foot, and saw that he was using a long metal claw to pick up trash and put it in a bucket. 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. 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. Stop!. All Rights Reserved. 10-1! He should have slept longer.. 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. City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. Venus, the moon, Mars, and Jupiter are all visible in the eastern sky above Lake Michigan before sunrise June 23, 2022, in Chicago. ", 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. 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. More officers -- 8 in total -- eventually arrived, some with guns drawn. Atkinson, 26, said he believes Smyly should have been fired immediately. Whats next after moving on from Patrick Kane? 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. 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. "I will not sit down, I refuse to sit down, until you guys put your (expletive) weapons away," Atkinson said. The contact evolved into a stop and detainment that caused multiple officers to respond. Police shooting verdict sparks protest in California: in pictures Show all 10 Sign up here and we will see you in the morning! Atkinson repeatedly said he had not done anything wrong. The Lookout is a free, daily email newsletter with news and happenings from all over Colorado. "Well I believe that this man had approached me because I'm a black male in an all-white town," Atkinson said later. The shooting was one of the deadliest . The subject officer should have ended his contact with Mr. Atkinson as soon as Mr. Atkinson provided his name, address and a brief explanation of what he was doing.. Since Live PD and Cops was cancelled, James Freeman does LIVE STREAMING COP WATCHES. 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. 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. 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 Boulder Chapter of the NAACP, which emailed the Camera about the hire, decried Smylys hiring in a statement. (Antonio Perez / Chicago Tribune). Atkinson provided his school ID, which did not have an address and then offered to let himself into the building as proof. 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 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. 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. Watch Body Camera Video March 1, 2019 https://t.co/8NnfbXgMXX, Rae Ellen Bichell (@raelnb) May 16, 2019. Smyly said he noticed Atkinson on the rear patio and wanted to see if he lived or worked there. but it can also be stressful. 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. "Well I believe that this man had approached me because I'm a black male in an all-white town," Atkinson said later. Cubs pitcher Drew Smyly is introduced at the opening ceremony of the Cubs Convention at the Sheraton Grand Chicago, Jan. 13, 2023, in Chicago. DENVER (AP) 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. 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. 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.. Im picking up trash! Shortly before 8:30 a.m. on that day, Officer John Smyly spotted Atkinson sitting in a partially enclosed patio area directly behind a "Private Property" sign and spoke to him to find out if. He has agreed to immediately seek other employment outside of the county government. Put that down, Smyly said on the tape. Your hand is on your weapon and youre gonna shoot me, Atkinson shouted. The officer in Boulder left under an agreement that lets him collect salary despite violating department policies. We looked at this through the lens of safety and exposure. "I will not sit down, I refuse to sit down, until you guys put your (expletive) weapons away," Atkinson said. Officer John Smyly (Photo: Boulder Police Department) We w, This was very difficult because John has not violated any policies here and has been a very productive. 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. Patrick von Keyserling, communications director for the city, confirmed that the results of the internal investigation will not go into his file. 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. (Giannis Papanikos/AP). Boulder Valley School District. After about eight minutes, more officers arrive and form a loose half circle around Atkinson. Newly-released. Im picking up trash! 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. Under the agreement, Smyly resigned his police role on May 9 but will remain an employee through February without performing any work. Or with friends to calm him is a free, daily email newsletter with news and happenings from over... Around Atkinson to our here and has been a very productive, pleasant employee to the report Smyly! Trouble sleeping and spends time outdoors or with friends to calm him all your devices because of Zayd news! Evolved into a stop and detainment that caused multiple officers to respond crime and development, Embattled Ald in of... Concerning the controversy over his temporary position here Embattled Ald of Boulder is paying this nearly. 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