We would immediately lose our jobs.. 2023, Hearst Television Inc. on behalf of WYFF-TV. The incident happened on March 1 on the 2300 block of Arapahoe Avenue in Boulder. One officer can be seen holding a rifle; the investigative summary says the weapon fires bean bags. A big reason why I got into film and video is because of the storytelling aspect, said Miller. is a native Washingtonian and resides in the Greater Washington area. hbbd```b``>"gk`G`vd "Y rdle`bd`u$300 * Most young men are single. Follow @dlchandler123 Officer John Smyly resigned Wednesday ahead of a planned administrative hearing into his confrontation involving Naropa University student Zayd Atkinson in March, CBS Denver reported. 418 0 obj <>stream Details of the payment amount were included in the City Council agenda packet released Thursday evening ahead of its . The police officer who pulled a gun on a man picking up trash outside his own home in Boulder, Colorado, has resigned, city officials said Thursday . A phone number for Smyly could not be located Thursday. According to the summary, one officer drew his handgun when he arrived but re-holstered it in less than a minute while Smyly had his gun out until Atkinson put the trash-grabbing tool down.The report released with the video footage 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, 26, said he believes Smyly should have been fired immediately. Simon and Sally Glass say findings vindicate their belief that their son was murdered by Clear Creek County sheriff's deputies. 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. Smyly said he noticed Atkinson on the buildings rear patio and wanted to see if he lived or worked there.After Atkinson said he did, Smyly asked for identification with the address on it. PUBLISHED: May 16, 2019 at 9:28 a.m. | UPDATED: May 16, 2019 at 11:48 a.m. He said he has had trouble sleeping since and spends time outdoors or with friends to calm him. Its a facilitation. And then you see if it can help galvanize dialogue and maybe some positive action., Photos stills fromThis Is Not Who We Are, Coloradan Magazine !function(d,s,id){var js,fjs=d.getElementsByTagName(s)[0],p=/^http:/.test(d.location)? John Smyly was found in violation of department policies and resigned in May 2019 after an internal investigation into Smyly's encounter with Zayd Atkinson in Boulder on March 1, 2019. The officer, John Smyly, was identified Thursday as the 14-year department veteran seen in a 16-minute video posted to YouTube after confronting Zayd Atkinson outside a Naropa University dorm in . "That means you can do whatever you want and break the law and get away with it.". Under the agreement, Smyly resigned . D.L. More broadly, they hope as many people as possible will view the documentary and join us in trying to be the community that we want to be, Miller said. Newly-released . endstream endobj startxref If you have information about the department Smyly is working for now, please email the information to [email protected], so I can publish it, warning potential new victims of his presence. The BBC is not responsible for the content of external sites. endstream endobj 401 0 obj <. BOULDER, Colo. One of the Boulder police officers who confronted a black man as he was picking up trash in his yard has been found to be in violation of department policies and has resigned . According to the new video footage, 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. covers a variety of topics including breaking news, politics, Hip-Hop music and culture, fashion, and Black history. That footage only showed Zayd Atkinson holding a bucket and a tool for picking up trash as police officers surrounded him outside the dormitory for students at Naropa University, a liberal arts school associated with Buddhism. It can be a great influencer, and Ive always known that there are certain issues in the world I want to address and the best medium to do that, for me, was film.. KATHLEEN FOODY. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo., detained him in March, 2019. Put that down, Smyly said on the tape. If you or I were to do this, we would be criminally charged. D.L. We do urge caution as this video could trigger some. Police body camera footage released Thursday provided a full video account of . 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.Under the agreement, Smyly resigned his police role May 9 but will remain an employee through February without performing any work. Learn more about John S.'s . On March 1 st, 2019, Officer John Smyly was conducting patrols when he saw Atkinson seated on a bench of the building that said "private property."Smyly approaches Atkinson as he sits on the bench to ask if he resides in the building. window.addEventListener( 'loadOrInteraction', function() { Police body camera footage released . Smyly next asked for Atkinsons date of birth. A Colorado police officer who detained a black man picking up trash in his yard is resigning after being found in violation of department policies. The findings likely would have resulted in suspension or possible termination, according to the department. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. 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, City Attorney Tom Carr said in a statement. Officer John Smyly. "If you or I were to do this, we would be criminally charged. When he refuses to ID the way the cop wants him to, John Smy. Advertisement. During the incident the man gave officers his university ID and said repeatedly that he lived and worked at the shared occupancy building. These four House Republicans broke with the GOP to oppose inflation estimates McCarthy, GOP pump brakes on release of Jan. 6 footage to Tucker Carlson. But an independent review of the confrontation found no impropriety in the procedures . Im picking up trash! After Atkinson said he did, Smyly asked for identification with the address on it. It feels like they are jumping on this train with me after watching the film and hearing the stories.. This material may not be published, broadcast, rewritten, or redistributed. He has led this program for nine seasons, earning five bowl berths, and in 2018 guiding the team to its first appearance in the AP Top 25's final rankings in 22 years. Smyly is resigning but will "exhaust" his paid leave. (Siddhartha Rathod via AP), Connect with the definitive source for global and local news. 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. Thats what youre gonna do officer? Embattled NC sheriff resigns again before DA details accusations against him in court. Its hard to believe now, but there was a time when there was no Google in Boulder. [The positive reaction] makes me want to work even harder toward fixing these problems, and Im feeling that same sense of energy and responsibility from audiences, said Miller. The city of Boulder said in a statement Thursday that officer John Smyly violated multiple department policies when he confronted Zayd Atkinson, 26, in March. A white Colorado police officer who confronted 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. We would immediately lose our jobs.". The officer, John Smyly, was identified Thursday as the 14-year department veteran seen in a 16-minute video posted to YouTube after confronting Zayd Atkinson outside a Naropa University dorm in Boulder on March 1, the Boulder Daily Camera reports. If you or I did what Officer Smyly did to Zayd Atkinson, not only would we be immediately fired, we would be criminally prosecuted, attorney Siddhartha Rathod told the newspaper. Smyly, who had been on paid leave since the tense encounter, was found in violation of two department policies but resigned his post before the end of the citys disciplinary process. We would immediately lose our jobs.. Youre on my property with a gun in your hand, threatening to shoot me because Im picking up trash, Atkinson said. Stop!. Boulder PD releases body camera footage, reports. Most young women are not. "The subject officer did not have probable cause to charge Mr Atkinson with any crime.". Mr Atkinson says in a video taken by a neighbour. The report released with the video footage 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. Boulder Police Officer John Smyly quit . At one point, eight police officers were surrounding Atkinson, but they eventually left after confirming Atkinson did indeed live in the building as he claimed. Read about our approach to external linking. 0 Atkinson, 26, said he believes Smyly should have been fired immediately. This is a bucket! 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. Atkinson can be seen holding a bucket and a metal trash grabber. He said he has had trouble sleeping and spends time outdoors or with friends to calm him. I have practiced law for over 28 years, 14 of those years as a federal prosecutor and . A police officer in Colorado has resigned after confronting a black student picking up rubbish outside his shared accommodation. 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. WEST POINT, N.Y. Army head coach Jeff Monken is giving a history lesson. . Atkinson provided his school ID, which did not have an address and then offered to let himself into the building as proof.Smyly next asked for Atkinsons date of birth. John Smiley was drafted by the Pittsburgh Pirates in the 12th round of the 1983 MLB June Amateur Draft from Perkiomen School (Pennsburg, PA). In a settlement, Smyly lost his gig but still will collect $69,000 in salary and wont see a blemish on his work record. An attorney for Atkinson called the agreement with the city of Boulder ridiculous., Boulder is essentially saying, 'Were going to pay this officer and let him resign for threatening Zayds life, for racially profiling Zayd,' attorney Siddhartha Rathod said. A phone number for Smyly could not be located Thursday. Atkinson said he did, and Smyly asked for identification with the address on it. 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 Is the Happiest City in the U.S. For Some, Marshall Fire Devastates CU Boulder Community. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo., detained him in March, 2019. John Smyly questioned and followed Naropa University student Zayd . Smyly . May 16, 2019 / 5:17 PM / CBS Colorado. Under the agreement, Smyly resigned his police role on May 9 but will remain an employee through February without performing any work. Millers video didnt make it out of the classroom (though her peers did give her a standing ovation), but Miller never forgot the pride and passion she felt drawing attention to injustice. The settlement allowed the city to provide the community information more quickly, and it transitioned Officer Smyly out of a law enforcement career, he said. Copyright 2019 Scripps Media, Inc. All rights reserved. Smyly is a 14-year department veteran was found in violation of two department policies. Smyly violated police authority and public trust and conduct, according to the review process that wouldve likely ended in his suspension or termination had he not already resigned from the department, police told the newspaper. /9YmNx7|:900w40e =:(xe:`L01[ J @45aG1V !@ %ISB&=@I!IB=@w30=s Stop!. Smyly then detained Atkinson for further investigation,which prompted Atkinson to grow frustrated. Atkinson was picking up trash outside his dormitory when a white police officer in . That means the city will pay him roughly $69,000 between now and February 9, 2020 his official final day on the job. The officer, John Smyly, resigned this week under an agreement with . Smyly, a 14-year vet with no history of . The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. 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. City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinsons race. On the video, Atkinson responds by shouting: Thats a gun! "I need to verify who you are," Smyly says. Boulder officials conducted an investigation of the March incident of officer John Smyly confronting Zayd Atkinson outside his home. He tries to make his victim sit like a dog, for no reason other than to assert dominance over him. 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 investigation report said that while Mr Smyly had not used racial language during the incident and had "specifically" told them his actions were not based on Mr Atkinson's race, the student had disagreed. "If they don't have the ability to terminate racist officers, that's Boulder's problem not taxpayers' problem," Rathod said, pointing to new data that showed black and African-American people in Boulder were more than twice as likely to be arrested during a routine police stop than their white counterparts. City Attorney Tom Carr said the exchange between Smyly and Atkinson does not represent the professionalism of the department. After about eight minutes, more officers arrive and form a loose half circle around Atkinson. 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 . Read about our approach to external linking. Boulder Police Officer John Smyly was one of several cops who confronted student Zayd Atkinson as he gathered garbage in his yard on March 1. Youre gonna shoot a resident on his property for picking up trash?, An investigative summary said Smyly drew his gun when the two men reached the back of the building. A police officer in Colorado has resigned after confronting a black student picking up rubbish outside his shared accommodation. "The city of Boulder is paying this officer nearly $80,000 [71,500] for violating the constitutional rights of Zayd," he said. Initially freelancing at iOne Digital in 2010, he officially joined the iOne team in 2017 where he currently works as a Senior Editor for Cassius Life and Hip-Hop Wired. Atkinsons attorney, meanwhile, said he was upset that Smyly is allowed to stay on the citys payroll for more than eight months. "If you or I did what Officer Smyly did to Zayd Atkinson, not only would we be immediately fired, we would be criminally prosecuted. Smyly said he noticed Atkinson on the rear patio and wanted to see if he lived or worked there. KQ)csp W,M=--I3&\(4lPb&[ Investigators also determined that a person overheard on the footage telling Atkinson that he was likely racially profiled was a Naropa employee and not one of the responding officers. 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. Smyly was conducting extra patrols due to recent crime in the area when he encountered Atkinson with an unknown object in his left hand, according to a summary of the probe released by Boulder police Chief Greg Testa. has worked in the past for MTV News, Billboard, and several other publications. As part of an agreement, hell remain an employee through February and earn roughly $69,000 in salary for unused holiday and sick time, officials said. The city on Thursday announced the settlement but did not include the terms in a news release. Maybe he got a suspicious call or saw something but things escalated. Smyly asked for Atkinsons date of birth. Alumni Association This is a bucket. If you or I were to do this, we would be criminally charged. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo., detained him in March 2019. Im not tryi. Youre probably going to get tased in a second, because you have a weapon, Smyly told Atkinson before brandishing his handgun. "I don't have a weapon! Shop Our Favorite February Amazon Deals Before the Sales End, The 14 Best Mineral Sunscreens of 2023, According to Pros, 14 TikTok-Famous Cleaning Products That Actually Work, According to Our Experts, 14 Best Healthier Candy Alternatives of 2023, According to Taste Tests. In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. Im picking up trash and youre holding a gun!After about eight minutes, more Boulder police officers arrive and form a loose half circle around Atkinson.One officer can be seen holding a rifle; the investigative summary says the weapon fires bean bags. If you or I were to do this, we would be criminally charged. 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. Authorities have completed the investigation into a Boulder police officer who tried to detain a black man cleaning trash around his home, and the police department has released all related body camera footage and reports. Trump successfully chilled FBI from being willing to investigate anything Christie: Trump grand jury foreperson did a lot of damage to case, Bill Maher: I am afraid of Trump on a very personal level. Under the agreement, Smyly resigned his police role May 9 but will remain an employee through February without performing any work. 2023 BBC. Recordings emerged of Greene referring to deputies in his department as "Black bastards" and "snakes.". Under a settlement with the department, Mr Smyly will stay on the city payroll until February 2020. He said Boulder either lacks the ability or will to root out racism from this police department. "Boulder is paying this officer nearly $80,000 in taxpayer money, giving him a year's paid vacation for what he did," Rathod said, adding that if any other citizen had done what Smyly did, they would be fired from their job and charged criminally. DENVER >> 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 . The Boulder City Council has also created a task force to study police oversight. My life right now is kind of restless, unsettled, he said. Smyly was allowed to resign, and is likely working for another department at this time. The city of Bouldersaid in a statement Thursday that officer John Smyly violated multiple department policies when heconfrontedZayd Atkinson, 26, in March. Kazeem Oyeneyin answers the door at his home in Raleigh, N.C., on Aug. 17. Officer Smyly . 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. A police internal affairs report said that Smylys choice to detain Atkinson was not supported by reasonable suspicion that Mr. Atkinson was committing, had committed, or was about to commit a crime.. Atkinsons attorney, Siddhartha Rathod, said he thinks Smyly is getting off too easy. Atkinsons behavior reportedly led Smyly to radio for backup because the resident was being uncooperative and unwilling to put down a blunt object, a police statement obtained by ABC News said. Atkinson repeatedly said he had not done anything wrong. IE 11 is not supported. In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. According to the summary, one officer drew his handgun when he arrived but re-holstered it in less than a minute while Smyly had his gun out until Atkinson put the trash-grabbing tool down. Smylys resignation comes more than two months after he and other officers confronted Atkinson,a student at Naropa University, at the patio area of his apartment, according to ABC News. City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinsons race. Your hand is on your weapon and youre gonna shoot me, Atkinson shouted. Zayd Atkinson, a student at Naropa University in Boulder, Colorado, was picking up garbage outside of his residence when officer John Smyly approached. Put that down, Smyly said on the tape. We would immediately lose our jobs.. He resigned before a disciplinary process commenced. (Facebook . Atkinson, who was holding a trash picker at the time, then told Smyly that he both lived and worked there before giving the officer his ID card. Your hand is on your weapon and youre gonna shoot me, Atkinson shouted. Atkinson then started to walk away and continue picking up trash after Smyly asked for his address and date of birth, leading Smyly to radio for help. "I don't have a weapon. May 16, 2019, 9:54 PM. 2 Followers, 0 Following, 1 Posts - See Instagram photos and videos from John Smyly (@reformed_cop) Colorado police confront man picking up trash on his lawn. The student's lawyer, Siddhartha Rathod, told local newspaper the Denver Post that he was disappointed Mr Smyly had not been fired and would still be paid. The Boulder police officer who confronted a black Naropa student picking up trash outside his residence in March was . I thought that once the firearm was out that that meant that he was going to try to kill me, Atkinson said. Atkinson then raised his voice, causing the officer to become threatened by the trash grabber, according to the report. John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. Investigators found Smyly violated two department policies: police authority and public trust and conduct, the city attorney said. %%EOF 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. Department rule 8 (Conduct): Members use reasonable judgment and refrain from conduct which reflects unfavorably on the department. The confrontation between Smyly and Atkinsonsparked massive backlash in the community. Check out footage of the exchange between Smyly and Atkinson. John Smyly, a former police officer in the city of Boulder, Colo., will not face harsh penalties after he racially profiled, harassed, and threatened a Black man doing a good deed in his community . The Associated Press reports he will earn benefits and a salary during this time and will be compensated for any unused holiday he accrues. All Rights Reserved. Smyly later said he believed his stun gun would be ineffective in subduing Atkinson because of the heavy coat he was wearing at the time, according to the report. When demonstrators took to the streets to show support for Atkinson and protest racism, the filmmakers grabbed their cameras and got to work. Department at this time and will be compensated for any unused holiday he accrues Connect! And Atkinson under a settlement with the address on it. `` going to get in! Resulted in suspension or possible termination, according to the department, Smyly... Rubbish outside his shared accommodation reports he will earn benefits and a metal grabber! Block of Arapahoe Avenue in Boulder, Colo., detained him in March, 2019 5:17! An investigation of the department Colorado police officer, John Smyly confronting Atkinson! In Raleigh, N.C., on Aug. 17 is allowed to resign, and is likely working for department. Several other publications by the trash grabber on this train with me after watching the film and is... Around Atkinson Boulder either lacks the ability or will to root out from... Head coach Jeff Monken is giving a history lesson why I got film..., according to the report, acted because of Zayd Atkinsons race the exchange between Smyly Atkinson! Smyly and Atkinsonsparked massive backlash in the Greater Washington area the rear patio and wanted to see he... 0 Atkinson, 26, said Miller Bouldersaid in a second, because you a! % % EOF he then told Atkinson that he was being detained for trespassing, he said department veteran found. 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