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. But Carr did elaborate on the decision not to fire or suspend Smyly in the statement. 2023 Trib Total Media | All Rights Reserved. Youre gonna shoot a resident on his property for picking up trash?, Smyly drew his gun when the two men reached the back of the building, an investigative summary said. Put that down, Smyly said on the tape. ABC7 New York 24/7 Eyewitness News Stream, a black man confronted by a Boulder police officer. Whats next after moving on from Patrick Kane? ", 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. I am not normally involved in hiring decisions. 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. 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. Boulder police said there is no evidence Atkinson was racially profiled. Rossana Rodriguez Sanchez declares victory over political machine, Billionaires son emerges as winner, set on addressing crime and development, Embattled Ald. The Moving can be an exciting experience. 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. 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. Atkinsons attorney Siddhartha Rathod said he was disappointed Smyly was not fired and instead was allowed to resign and remain on the citys payroll until 2020. Our staff spoke to John Smyly yesterday concerning the controversy over his temporary position here. 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. He has agreed to immediately seek other employment outside of the county government. He has agreed to immediately seek other employment outside of the county government. Cubs pitcher Drew Smyly is introduced at the opening ceremony of the Cubs Convention at the Sheraton Grand Chicago, Jan. 13, 2023, in Chicago. More officers -- 8 in total -- eventually arrived, some with guns drawn. ABC7 New York 24/7 Eyewitness News . John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. ", "I just told you I lived here and I told you that I'm working as well," 26-year-old Zayd Atkinson responded. as they address charges against an Oak Lawn police officer Feb. 15, 2023. . 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. In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. But, he added, he failed to consider the sentiment, or trigger, that it might cause for people of color., Thats my fault, I take responsibility, he wrote. He says funding is key. All Rights Reserved. Under the agreement, Smyly resigned his police role on May 9 but will remain an employee through February without performing any work. Smyly asked for Atkinsons date of birth. Atkinson said he did, and Smyly asked for identification with the address on it. Copyright 2023 KABC Television, LLC. Since Live PD and Cops was cancelled, James Freeman does LIVE STREAMING COP WATCHES. He said he has had trouble sleeping and spends time outdoors or with friends to calm him. He tries to make his victim sit like a dog, for no reason other than to assert dominance over him. 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. We looked at this through the lens of safety and exposure. 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. Smyly resigned prior to the conclusion of the disciplinary process, but police indicated the process would have likely resulted in suspension or termination. 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. Embattled NC sheriff resigns again before DA details accusations against him in court. It takes a good days drive to cover Colorado, but well help you do it in a few minutes. 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. As part of a settlement with the city, Smyly remained under city employment until February as he exhausted accrued holiday, sick and administrative leave. We would immediately lose our jobs.. ", AccuWeather: AM showers before a mild afternoon, Extra Time: Breaking down massive NYC, NYPD settlement, Teammate facing charges in crash that killed local UGA player. Atkinson said he did and gave Smyly his Naropa student ID. 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. "Give him his ID back and we're outta here," one of the officers is heard saying. 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. Thats what youre gonna do, officer? Tracking the Chicago Blackhawks moves before the NHL trade deadline. Im picking up trash! We can help you keep up. (John J. Kim/Chicago Tribune). Video of the incident from Smyly's body camera shows him detaining . 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. As part of the settlement agreement between Smyly and the City of Boulder his file "will document separation from employment due to resignation.". Ed Burke since 1969 won by Jeylu Gutierrez, Ald. Atkinson repeatedly said he had not done anything wrong. Stop!. 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, 26, said he believes Smyly should have been fired immediately. Im picking up trash, and youre holding a gun!. Put that down, Smyly said on the tape. says Zayd Atkinson, while officer threatens to taze him, puts hand on gun, then 7 more arrive, all while Atkinson pick up trash at his residence. Not today.. How do you feel?" Obviously, I still have things to learn.. 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. He did not mention the incident in his resignation letter. He tries to make his victim sit like a dog, for no reason other than to assert dominance over him. Newly-released. Finally, police confirm his story by asking someone else if he does, in fact, live there. You want to know what is really going on these days, especially in Colorado. 9191 46 Comments 15 Shares Share John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. 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. On the video, Atkinson responds by shouting: Thats a gun! Wake up to the day's most important news. 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. 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. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. "Shouldn't that be enough for you?". 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 . We failed to consider the sentiment, or trigger that it might cause for people of color. Track SoCal rain with LIVE Megadoppler 7000 HD, a black man confronted by a Boulder police officer. Now that the two candidates have been determined . Heres what it all means. Press Releases are provided to Yellow Scene. 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. When Smyly asked for an address and date of birth, Atkinson walked away and began to pick up trash again. 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. 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. 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.. ", "I just told you I lived here and I told you that I'm working as well," 26-year-old Zayd Atkinson responded. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. 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. The phenomenon is known as a conjunction, which is when astronomical objects seem to be near each other based on how we see them from Earth. City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinsons race. 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 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. 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. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. 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. If you or I were to do this, we would be criminally charged. 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. 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