But Carr did elaborate on the decision not to fire or suspend Smyly in the statement. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. 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. 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.. 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. Im picking up trash! Here's what else is happening today. He said he has had trouble sleeping and spends time outdoors or with friends to calm him. Venus, the moon, Mars, and Jupiter are all visible in the eastern sky above Lake Michigan before sunrise June 23, 2022, in Chicago. Chicago Tribune editors' top story picks, delivered to your inbox each afternoon. 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. 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. 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. 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. More officers -- 8 in total -- eventually arrived, some with guns drawn. 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. 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. YouTube file photo Thats my fault, I take responsibility. Under the agreement, Smyly resigned his police role on May 9 but will remain an employee through February without performing any work. On the video, Atkinson responds by shouting: Thats a gun! You want to know what is really going on these days, especially in Colorado. . 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. He. The Moving can be an exciting experience. ", "I just told you I lived here and I told you that I'm working as well," 26-year-old Zayd Atkinson responded. 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. Not for the "stupid price" of $150 an acre foot. Whats next after moving on from Patrick Kane? City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinsons race. 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. ABC7 New York 24/7 Eyewitness News Stream, a black man confronted by a Boulder police officer. We assure you it had an impact, they wrote. We can help you keep up. Our staff spoke to John Smyly yesterday concerning the controversy over his temporary position here. We looked at this through the lens of safety and exposure. Atkinson, 26, said he believes Smyly should have been fired immediately. Kazeem Oyeneyin answers the door at his home in Raleigh, N.C., on Aug. 17. The shooting was one of the deadliest . ", 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. "I will not sit down, I refuse to sit down, until you guys put your (expletive) weapons away," Atkinson said. Boulder Police Officer Resigns After Confronting Black Man Picking Up Trash, News That Matters, Delivered To Your Inbox. 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. 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. City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. 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. All Rights Reserved. Ultimately, I approved the hire. 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. They also asked Pelle to extend an invitation to Smyly from the NAACP to participate in a healing justice model, modeled after the restorative justice process used in the criminal justice system. Your hand is on your weapon and youre gonna shoot me, Atkinson shouted. He did not mention the incident in his resignation letter. The officer then called for back-up, leading to eight officers surrounding the college student. The officer in Boulder left under an agreement that lets him collect salary despite violating department policies. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. That's when the tense 22-minute stand-off ends. 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 . 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. 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. A phone number for Smyly could not be located Thursday. The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. Smyly told the department he could not tell what race Atkinson was when he first saw him. The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. Venus, the moon, Mars, and Jupiter are all visible in the eastern sky above Lake Michigan before sunrise June 23, 2022, in Chicago. He said he has had trouble sleeping and spends time outdoors or with friends to calm him. My life right now is kind of restless, unsettled, he said. Read more here. 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. Oyeneyin was handcuffed and detained in his own home after police responded to a burglar alarm in process. 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 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. One officer can be seen holding a rifle; the investigative summary says the weapon fires bean bags. Your hand is on your weapon and youre gonna shoot me, Atkinson shouted. The footage shows Smyly investigating Atkinson for trespassing. The Boulder Chapter of the NAACP, which emailed the Camera about the hire, decried Smylys hiring in a statement. The results of that review will not affect the settlement agreement. Investigators found Smyly violated two department policies: police authority and public trust and conduct, the city attorney said. All Rights Reserved. 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. More officers -- 8 in total -- eventually arrived, some with guns drawn. The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. but it can also be stressful. Smyly asked for Atkinsons date of birth. Our staff spoke to John Smyly yesterday concerning the controversy over his temporary position here. Atkinson said he did, but did not elaborate when Smyly asked him what unit he lived in. Boulder officials did not immediately return a request for how much Smyly would be paid during his time on leave. If you or I were to do this, we would be criminally charged. 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.. As part of a settlement with the city, Smyly remained under city employment until February as he exhausted accrued holiday, sick and administrative leave. City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinsons race. 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. Smyly resigned prior to the conclusion of the disciplinary process, but police indicated the process would have likely resulted in suspension or termination. 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. According to the report, Atkinson raised his voice and Smyly felt threatened by the trash grabber and drew his stun gun. pleasant employee. 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. Read more here. Put that down, Smyly said on the tape. The footage shows Smyly investigating Atkinson for trespassing. Listen now. A phone number for Smyly could not be located Thursday. Finally, police confirm his story by asking someone else if he does, in fact, live there. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo., detained him in March, 2019. "I'm just checking to make sure that you have a right to be here, that's all. Atkinson refused, then picked up the bucket and tool and walked away. The man he tried to bully and intimidate, Zayde Atkinson, NEVER gave in. 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.. 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. They give brief insights into our people and places, our flora and fauna, and our past and present, from every corner of Colorado. 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. 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. He will leave as soon as possible, and we placed a written deadline on departure by the end of the year. City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. Subscribe to more newsletters | COVID-19 tracker | Compare home values by ZIP code | Puzzles & Games | Daily horoscope | Ask Amy, 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. How do you feel?" This was a temporary, non-enforcement job with no public contact or representation. 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. 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. Atkinson refused, then picked up the bucket and tool and walked away. 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. "My life right now is kind of restless, unsettled," he said. Smyly said he noticed Atkinson on the rear patio and wanted to see if he lived or worked there. Boulder police said there is no evidence Atkinson was racially profiled. TV Q&A: Is a Pittsburgher writing for CBSs East New York? You can read the full agreement below. The US economy is sending mixed signals. 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. 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. Smyly approached Atkinson on March 1 in front of the. Simon and Sally Glass say findings vindicate their belief that their son was murdered by Clear Creek County sheriff's deputies. 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. 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. CPR's Joella Baumann contributed to this report. Smyly asked for Atkinsons date of birth. 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. Recordings emerged of Greene referring to deputies in his department as "Black bastards" and "snakes.". . Ed Burke since 1969 won by Jeylu Gutierrez, Ald. The settlement allowed the city to provide the community information more quickly, and it transitioned Officer Smyly out of a law enforcement career.. 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. 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. 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. 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. 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. After about eight minutes, more officers arrive and form a loose half circle around Atkinson. The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. 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 Lookout is a free, daily email newsletter with news and happenings from all over Colorado. At one point the officer says, "you're probably going to get tased.". 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. When our staff interviewed the candidates for this term position, Smyly was the best qualified applicant. Investigators found Smyly violated two department policies: police authority and public trust and conduct, the city attorney said. City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinson's race. City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. Im picking up trash, and youre holding a gun!. ", 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. 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. "Well I believe that this man had approached me because I'm a black male in an all-white town," Atkinson said later. 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." That's when the tense 22-minute stand-off ends. "I couldn't help but notice you sitting on the patio out there," officer John Smyly says in the video. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. Atkinson, 26, said he believes Smyly should have been fired immediately. The other responding officers were cleared of any wrongdoing by the report, but the department said the encounter has uncovered the need for further training. as they address charges against an Oak Lawn police officer Feb. 15, 2023. . "Well I believe that this man had approached me because I'm a black male in an all-white town," Atkinson said later. 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. Atkinson repeatedly said he had not done anything wrong. He will leave as soon as possible, When our staff interviewed the candidates for this term position, 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, discussion. He has agreed to immediately seek other employment outside of the county government.. After about eight minutes, more officers arrive and form a loose half circle around Atkinson. Read more here. Cubs pitcher Drew Smyly is introduced at the opening ceremony of the Cubs Convention at the Sheraton Grand Chicago, Jan. 13, 2023, in Chicago. John Smyly Current Workplace. Ex-Boulder Officer John Smyly was found in violation of department policy. 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. 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. Thats what youre gonna do, officer? We looked at this through the lens of safety and exposure. Atkinsons attorney did not respond to requests for comment. Atkinson said he did and gave Smyly his Naropa student ID. 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.. John is not enjoying, agreed to immediately seek other employment outside of the county government. In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. 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. Copyright 2023 WABC-TV. The iconic deep dish chain is focusing on expanding its franchise restaurants. 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. 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 . He does, in fact, live there Mortuary is the first choice for many when! 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