As part of a settlement with the city, Smyly remained under city employment until February as he exhausted accrued holiday, sick and administrative leave. Cubs pitcher Drew Smyly is introduced at the opening ceremony of the Cubs Convention at the Sheraton Grand Chicago, Jan. 13, 2023, in Chicago. Whats next after moving on from Patrick Kane? The job was publicly posted in 2019, Wagner said. 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. That's when the tense 22-minute stand-off ends. 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! . The officer, John Smyly, resigned with a severance package, as the City Council and community members were troubled by the incident. Since Live PD and Cops was cancelled, James Freeman does LIVE STREAMING COP WATCHES. 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. By. 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. Rossana Rodriguez Sanchez declares victory over political machine, Billionaires son emerges as winner, set on addressing crime and development, Embattled Ald. Embattled NC sheriff resigns again before DA details accusations against him in court. 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. Under the agreement, Smyly resigned his police role on May 9 but will remain an employee through February without performing any work. We did not see any opportunity for harm. While we have no proof that racial bias was a motivating factor, the internal affairs investigation resulted in sustained violations of police policies.. 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. 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. 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. John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. TV Q&A: Is a Pittsburgher writing for CBSs East New York? On the video, Atkinson responds by shouting: Thats a gun! "Shouldn't that be enough for you?". Now that the two candidates have been determined for the runoff election for Chicago mayor, more of the aldermanic races are becoming clearer. Im picking up trash! One officer can be seen holding a rifle; the investigative summary says the weapon fires bean bags. "I will not sit down, I refuse to sit down, until you guys put your (expletive) weapons away," Atkinson said. Heres what it all means. YouTube file photo Finally, police confirm his story by asking someone else if he does, in fact, live there. Listen now. Obviously, I still have things to learn.. John is not enjoying the spotlight or controversy and understands it is necessary for him to leave. Copyright 2023 WABC-TV. When Smyly asked for an address and date of birth, Atkinson walked away and began to pick up trash again. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo., detained him in March, 2019. We assure you it had an impact, they wrote. When Smyly asked for an address and date of birth, Atkinson walked away and began to pick up trash again. Atkinson said he did and gave Smyly his Naropa student ID. He did not mention the incident in his resignation letter. 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. On the video, Atkinson responds by shouting: Thats a gun! Im picking up trash! The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. A phone number for Smyly could not be located Thursday. Opinion: Colorado farms going fallow? 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. He tries to make his victim sit like a dog, for no reason other than to assert dominance over him. Ultimately, I approved the hire. 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. Keyserling could not say if an officer still employed with the city would have the record included in their file. 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. Venus, the moon, Mars, and Jupiter are all visible in the eastern sky above Lake Michigan before sunrise June 23, 2022, in Chicago. He shared that he slept on the decision, but he clearly didnt think about how it would land with the community or those few diverse members of his staff. It takes a good days drive to cover Colorado, but well help you do it in a few minutes. 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. Smyly resigned prior to the conclusion of the disciplinary process, but police indicated the process likely would have resulted in suspension or termination. 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 asked for Atkinsons date of birth. "Shouldn't that be enough for you?". Rescuers searched through the burned-out wreckage of two trains that slammed into each other in northern Greece. Atkinsons attorney did not respond to requests for comment. The investigation found officer John Smyly violated two department policies and found no evidence to support a claim of racial profiling. Pelle wrote that his initial hiring approval was based on Smyly being the best candidate for the job, which was a temporary, non-enforcement job with no public contact or representation.. City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinson's race. John Smyly has been working as a Officer John at Boulder Valley School District for 9 years. Your hand is on your weapon and youre gonna shoot me, Atkinson shouted. Stop!. ", 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. 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. 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. Atkinson said he did, and Smyly asked for identification with the address on it. Read more here. Police shooting verdict sparks protest in California: in pictures Show all 10 In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. 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. Atkinson refused, then picked up the bucket and tool and walked away. 2023 BuzzFeed, Inc. All rights reserved. New video shows moment Boulder officer pulled gun on black man picking up trash in own yard. He says funding is key. ", "I just told you I lived here and I told you that I'm working as well," 26-year-old Zayd Atkinson responded. "I couldn't help but notice you sitting on the patio out there," officer John Smyly says in the video. 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. 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. More officers -- 8 in total -- eventually arrived, some with guns drawn. Not for the "stupid price" of $150 an acre foot. Boulder Valley School District. 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. Smyly said he noticed Atkinson on the rear patio and wanted to see if he lived or worked there. We would immediately lose our jobs.. 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. Our newsletters bring you a closer look at the stories that affect you and the music that inspires you. ABC7 New York 24/7 Eyewitness News Stream, a black man confronted by a Boulder police officer. 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. Atkinson, 26, said he believes Smyly should have been fired immediately. 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. 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. Atkinson later reached a settlement with the city. 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. More officers -- 8 in total -- eventually arrived, some with guns drawn. Atkinson said he did, and Smyly asked for identification with the address on it. 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. 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. The officer in Boulder left under an agreement that lets him collect salary despite violating department policies. ABC7 New York 24/7 Eyewitness News . 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. 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.. Atkinson repeatedly said he had not done anything wrong. 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 Police Officer Resigns After Confronting Black Man Picking Up Trash, News That Matters, Delivered To Your Inbox. Smyly, a 14-year veteran of the Boulder Police Department had no prior disciplinary action, it was. According to the report, Smyly asked Atkinson whether he lived in the building, which was Naropa student housing. We have concluded this hire was not helpful to our equity work, and I wish to inform you of the resolution to the issue. 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. 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. In an effort to keep our community informed, we are now publishing some press peleases in whole. 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.. The Moving can be an exciting experience. When Zayde Atkinson refuses, Smyly threatens to tase him. Sign up here and we will see you in the morning! Atkinson said he did and gave Smyly his Naropa student ID. We would immediately lose our jobs., Body cam video is out. Under the agreement, Smyly resigned his police role on May 9 but will remain an employee through February without performing any work. Atkinson refused, then picked up the bucket and tool and walked away. Its the day after Election Day. 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. TwoFeather. 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. 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. TribLIVE's Daily and Weekly email newsletters deliver the news you want and information you need, right to your inbox. A phone number for Smyly could not be located Thursday. 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. Put that down, Smyly said on the tape. ", 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. 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. 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. If you or I were to do this, we would be criminally charged. 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. 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. The report concluded Smyly violated department policy during the encounter with Atkinson. "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. 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 did not see any opportunity for harm, he wrote. Read more here. The independent review, conducted by former U.S. Attorney for the District of Colorado, Bob Troyer, will soon be released by the city. ", 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 gave Smyly his Naropa student ID, but it did not have his address or date of birth. Cubs pitcher Drew Smyly is introduced at the opening ceremony of . He has agreed to immediately seek other employment outside of the county government. Read more here. You can read the full agreement below. 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. 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. Smyly asked for Atkinsons date of birth. All Rights Reserved. The Boulder Chapter of the NAACP, which emailed the Camera about the hire, decried Smylys hiring in a statement. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. 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. 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. Living at Kimberly Court can seem like living in the most convenient location in Boulder. When Zayde Atkinson refuses, Smyly threatens to tase him. Atkinson provided his school ID, which did not have an address and then offered to let himself into the building as proof. 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. He should have slept longer.. Our staff spoke to John Smyly yesterday concerning the controversy over his temporary position here. 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. 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. 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. John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. He tries to make his victim sit like a dog, for no reason other than to assert dominance over him. But an independent review of the confrontation found no impropriety in the procedures . Investigators found Smyly violated two department policies: police authority and public trust and conduct, the city attorney said. Newly-released body camera video shows how it all started. He did not mention the incident in his resignation letter. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. Western Pennsylvania's trusted news source. 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. 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 will leave as soon as possible, and we placed a written deadline on departure by the end of the year. My life right now is kind of restless, unsettled, he said. How do you feel?" 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. Copyright 2023 KABC Television, LLC. Wake up to the day's most important news. (Antonio Perez / Chicago Tribune). When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. 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. Smyly said he noticed Atkinson on the rear patio and wanted to see if he lived or worked there. The settlement allowed the city to provide the community information more quickly, and it transitioned Officer Smyly out of a law enforcement career.. 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. 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. 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. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. Such is the case of Boulder, Colo., police officer John Smyly over his interaction with Zayd Atkinson on March 1st this year. "Well I believe that this man had approached me because I'm a black male in an all-white town," Atkinson said later. 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. Venus, the moon, Mars, and Jupiter are all visible in the eastern sky above Lake Michigan before sunrise June 23, 2022, in Chicago. Now that the two candidates have been determined . You are also agreeing to our Terms of Service and Privacy Policy. 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. One of the officers involved in the latter scenario, John Smyly, resigned from the BPD earlier this month. Boulder police said there is no evidence Atkinson was racially profiled. Atkinson provided his school ID, which did not have an address and then offered to let himself into the building as proof. Patrick von Keyserling, communications director for the city, confirmed that the results of the internal investigation will not go into his file. One of the other officers arrived with a handgun drawn but holstered it, while another had a stun gun drawn. Oyeneyin was handcuffed and detained in his own home after police responded to a burglar alarm in process. 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. Im picking up trash! 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 . 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. As part of the settlement agreement between Smyly and the City of Boulder his file "will document separation from employment due to resignation.". 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. John is not enjoying, agreed to immediately seek other employment outside of the county government. City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinsons race. 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. Colorado Postcards are snapshots of our colorful state in sound. According to the report, Atkinson raised his voice and Smyly felt threatened by the trash grabber and drew his stun gun. Smyly was allowed to resign, and is likely working for another department at this time. 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. 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. (Facebook . 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. News that Matters, Delivered to your Inbox na shoot me, Atkinson walked away and began to pick trash! A statement but police indicated the process likely would have resulted in suspension or termination two trains that into! Hand is on your weapon and youre gon na shoot me, Atkinson responds by shouting: a! Of $ 150 an acre foot remain an employee through February without performing any work Naropa. 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