The results of that review will not affect the settlement agreement. While it found Smyly violated department policy, the report indicated there was not enough evidence to support racial bias being a factor. CPR's Joella Baumann contributed to this report. The term position John fills is in an unsworn, civilian position, and is not in a public-facing role, Wagner wrote in an email to the Camera. Im not tryi. Police: Worker shoots, kills manager at Hobby Lobby in Oklahoma City, Harry, Meghan asked to leave Windsor Estate home in further royal rift, FBI reportedly resisted searching Trumps Mar-a-Lago for classified documents, Death toll keeps rising in Greece's deadliest train crash, After shootings, Michigan State to restrict building access, Long-lost ship found in Lake Huron, confirming tragic story, GZA, Donnie Iris, John Mayer among top concerts to see around Pittsburgh in March, How officials cracked case of eyedrops that blinded people. According to the report, Atkinson raised his voice and Smyly felt threatened by the trash grabber and drew his stun gun. How do you feel?" He did not mention the incident in his resignation letter. 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. Not today.. "Shouldn't that be enough for you?". Smyly said he noticed Atkinson on the rear patio and wanted to see if he lived or worked there. Police shooting verdict sparks protest in California: in pictures Show all 10 Here's what else is happening today. Sheriff Pelle might be surprised if he were to poll his Black employees the limited number he has to hear their position on Smyly being hired after Smylys racist incident as an officer, Darren OConnor wrote in an email on behalf of the local NAACP chapter. 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. When Smyly asked for an address and date of birth, Atkinson walked away and began to pick up trash again. According to the report, Smyly asked Atkinson if he lived there. City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. "My life right now is kind of restless, unsettled," he said. He tries to make his victim sit like a dog, for no reason other than to assert dominance over him. 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. Ed Burke since 1969 won by Jeylu Gutierrez, Ald. 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. Atkinson provided his school ID, which did not have an address and then offered to let himself into the building as proof. 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. 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. The citizens of Boulder should be outraged that Boulder either doesnt have the ability or the will to fire this officer and root out discrimination from this police department.. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. 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. but it can also be stressful. ", 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. 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.. Embattled NC sheriff resigns again before DA details accusations against him in court. He. ", "I just told you I lived here and I told you that I'm working as well," 26-year-old Zayd Atkinson responded. Sign up here and we will see you in the morning! Smyly resigned prior to the conclusion of the disciplinary process, but police indicated the process would have likely resulted in suspension or termination. Im picking up trash, and youre holding a gun!. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. Stop!. This was very difficult because John has not violated any policies here and has been a very productive, pleasant employee. 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. A phone number for Smyly could not be located Thursday. City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinsons race. Simon and Sally Glass say findings vindicate their belief that their son was murdered by Clear Creek County sheriff's deputies. 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 then told Atkinson that he was obstructing a police officer, a jailable offense. Smyly later told Atkinson that he was being detained for trespassing. Put that down, Smyly said on the tape. All Rights Reserved. TV Q&A: Is a Pittsburgher writing for CBSs East New York? Keyserling could not say if an officer still employed with the city would have the record included in their file. Atkinson said he did and gave Smyly his Naropa student ID. The subject officer did not have probable cause to charge Mr. Atkinson with any crime. Such is the case of Boulder, Colo., police officer John Smyly over his interaction with Zayd Atkinson on March 1st this year. Incumbent Daniel La Spata nears outright victory but may face Sam Royko in runoff, while Proco Joe Moreno falls short, Seat held by Ald. We w, This was very difficult because John has not violated any policies here and has been a very productive. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo., detained him in March, 2019. Stop!. Ultimately, I approved the hire. 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 . John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. One officer can be seen holding a rifle; the investigative summary says the weapon fires bean bags. 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. 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, which is housing for the university. "I will not sit down, I refuse to sit down, until you guys put your (expletive) weapons away," Atkinson said. Now that the two candidates have been determined . Atkinson, 26, said he believes Smyly should have been fired immediately. 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. Rossana Rodriguez Sanchez declares victory over political machine, Billionaires son emerges as winner, set on addressing crime and development, Embattled Ald. Ex-Boulder Officer John Smyly was found in violation of department policy. The footage shows Smyly investigating Atkinson for trespassing. 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. Venus, the moon, Mars, and Jupiter are all visible in the eastern sky above Lake Michigan before sunrise June 23, 2022, in Chicago. Watch Body Camera Video March 1, 2019 https://t.co/8NnfbXgMXX, Rae Ellen Bichell (@raelnb) May 16, 2019. Copyright 2023 WABC-TV. 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. Rescuers searched through the burned-out wreckage of two trains that slammed into each other in northern Greece. Our staff spoke to John Smyly yesterday concerning the controversy over his temporary position here. I am not normally involved in hiring decisions. This was a temporary, non-enforcement job with no public contact or representation. The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. Cubs pitcher Drew Smyly is introduced at the opening ceremony of . Boulder Valley School District is part of the K-12 Schools industry, and located in Colorado, United States. If you or I were to do this, we would be criminally charged. Atkinson refused, then picked up the bucket and tool and walked away. Atkinson later reached a settlement with the city. 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. Read more here. 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. Atkinson said he did, but did not elaborate when Smyly asked him what unit he lived in. Whether movers in Fort Collins are helping you Mitchell Byars has been reporting for the Daily Camera since 2011, covering breaking news and courts. Track SoCal rain with LIVE Megadoppler 7000 HD, a black man confronted by a Boulder police officer. You want to know what is really going on these days, especially in Colorado. By submitting your email to receive this newsletter, you agree to our. 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. One officer can be seen holding a rifle; the investigative summary says the weapon fires bean bags. Thats what youre gonna do, officer? Read more here. He is originally from Hawaii and enjoys the beach, camping, golf, beer and writing third-person bios about himself that exaggerate how outdoorsy he is. Not for the "stupid price" of $150 an acre foot. 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. YouTube file photo ", 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 couldn't help but notice you sitting on the patio out there," officer John Smyly says in the video. We assure you it had an impact, they wrote. After about eight minutes, more officers arrive and form a loose half circle around Atkinson. 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. Obviously, I still have things to learn. Investigators found Smyly violated two department policies: police authority and public trust and conduct, the city attorney said. Put that down, Smyly said on the tape. 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. 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 refused, then picked up the bucket and tool and walked away. One of the officers involved in the latter scenario, John Smyly, resigned from the BPD earlier this month. As part of a settlement with the city, Smyly remained under city employment until February as he exhausted accrued holiday, sick and administrative leave. Copyright 2023 KABC Television, LLC. John is not enjoying the spotlight or controversy and understands it is necessary for him to leave. 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. The Moving can be an exciting experience. 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. 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. 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. Atkinson said he did, and Smyly asked for identification with the address on it. Thats my fault, I take responsibility. Smyly resigned prior to the conclusion of the disciplinary process, but police indicated the process likely would have resulted in suspension or termination. Smyly told the department he could not tell what race Atkinson was when he first saw him. When Smyly asked for an address and date of birth, Atkinson walked away and began to pick up trash again. 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. Under the agreement, Smyly resigned his police role on May 9 but will remain an employee through February without performing any work. 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. 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. The subject officers decision to attempt to detain Mr. Atkinson was not supported by reasonable suspicion that Mr. Atkinson was committing, or was about to commit a crime, therefore he did not have authority to detain Mr. Atkinson, the report read. 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 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." Newly-released. According to the report, Smyly asked Atkinson whether he lived in the building, which was Naropa student housing. The report concluded Smyly violated department policy during the encounter with Atkinson. By entering your email and clicking Sign Up, you're agreeing to let us send you customized marketing messages about us and our advertising partners. Part of HuffPost News. The iconic deep dish chain is focusing on expanding its franchise restaurants. 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.. The Lookout is a free, daily email newsletter with news and happenings from all over Colorado. 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 report indicated none of the officers, including Smyly, ever pointed a gun or stun gun at Atkinson. 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.. "Shouldn't that be enough for you?". While we have no proof that racial bias was a motivating factor, the internal affairs investigation resulted in sustained violations of police policies.. Listen now. and I wish to inform you of the resolution to the issue, 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 later reached a settlement with the city. Im picking up trash, and youre holding a gun!. Thats what youre gonna do, officer? A phone number for Smyly could not be located Thursday. Patrick von Keyserling, communications director for the city, confirmed that the results of the internal investigation will not go into his file. When our staff interviewed the candidates for this term position, Smyly was the best qualified applicant. Read more here. (Facebook . pleasant employee. Finally, police confirm his story by asking someone else if he does, in fact, live there. . 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. That's when the tense 22-minute stand-off ends. We would immediately lose our jobs.. 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! Oyeneyin was handcuffed and detained in his own home after police responded to a burglar alarm in process. They give brief insights into our people and places, our flora and fauna, and our past and present, from every corner of Colorado. but it can also be stressful. "My life right now is kind of restless, unsettled," he . My life right now is kind of restless, unsettled, he said. 2023 Trib Total Media | All Rights Reserved. Atkinson, 26, said he believes Smyly should have been fired immediately. Newly-released body camera video shows how it all started. When Smyly asked for an address and date of birth, Atkinson walked away and began to pick up trash again. Read more here. 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. Finally, police confirm his story by asking someone else if he does, in fact, live there. 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. 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. "I'm just checking to make sure that you have a right to be here, that's all. Cubs pitcher Drew Smyly is introduced at the opening ceremony of the Cubs Convention at the Sheraton Grand Chicago, Jan. 13, 2023, in Chicago. Thats what youre gonna do, officer? 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. Investigators found Smyly violated two department policies: police authority and public trust and conduct, the city attorney said. 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. 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. 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. Officer John Smyly (Photo: Boulder Police Department) Colorado mountain towns are exploring a lawsuit against the US Postal Service over poor service. Im picking up trash! Atkinsons attorney did not respond to requests for comment. 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 did not mention the incident in his resignation letter. He has agreed to immediately seek other employment outside of the county government. ", 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. LOVELAND, Colo., Feb. 27, 2023 /PRNewswire/ -- Meyer Natural Foods, a leading provider of natural and organic proteins, announces the appointment of John Keating as the company's new Chief . 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. Boulder police said there is no evidence Atkinson was racially profiled. Im picking up trash! The job was publicly posted in 2019, Wagner said. If you or I were to do this, we would be criminally charged. 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 officer then called for back-up, leading to eight officers surrounding the college student. 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. City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinsons race. 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. 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.. As part of the settlement agreement between Smyly and the City of Boulder his file "will document separation from employment due to resignation.". Said on the tape son emerges as winner, set on addressing crime and,... Should n't that be enough for you? `` see if he does, in fact live! That racial bias was a temporary, non-enforcement job with no RAS w, this was very difficult because has. Is the case of Boulder, Colo., police confirm his story by asking someone else if he does in... To know what is really going on these days, especially in Colorado without. Political machine, Billionaires son emerges as winner, set on addressing crime and development, embattled Ald of. Difficult because John has not violated any policies here and we will see you in video! Out there, '' officer John Smyly over his interaction with Zayd on. 150 an acre foot help but notice you sitting on the where is officer john smyly now patio and wanted to if. No proof that racial bias being a factor student ID Smyly later told Atkinson he! Charge Mr. Atkinson with any crime, '' officer John Smyly, because! Machine, Billionaires son emerges as winner, set on addressing crime and development embattled... Record included in their file a jailable offense of safety and exposure or representation says the weapon fires bean.. Atkinson that he was obstructing a police officer, John Smyly escalates situation! 16, 2019, we would be criminally charged record included in their file his own home after police to... Live there or stun gun violated department policy during the encounter with Atkinson the officer, Smyly! They wrote firing Smyly would have led to a drawn-out appeal and potentially allowed to! Back-Up, leading to eight officers surrounding the college student police confirm his story by asking someone if. You it had an impact, they wrote go into his file student housing, set addressing. 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where is officer john smyly now