My life right now is kind of restless, unsettled, he said. Investigators found Smyly violated two department policies: police authority and public trust and conduct, the city attorney said. The City of Boulder concluded the investigation into a March 1, 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. While we have no proof racial bias was a motivating factor, the internal affairs investigation resulted in sustained violations of police policies.. He is not allowed to be reinstated to the Boulder Police Department. Smyly was allowed to resign, and is likely working for another department at this time. Join Facebook to connect with John Smyly and others you may know. Friday, March 13, 2020 (Updated Monday, March 16) The city of Boulder is offering a $125,000 settlement to Zayd Atkinson, the black Naropa student who was confronted by armed police officers last year while picking up trash outside his home. We would immediately lose our jobs.. We do urge caution as this video could trigger some. On the video, Atkinson responds by shouting: Thats a gun! He said he has had trouble sleeping and spends time outdoors or with friends to calm him. 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. Hearst Television participates in various affiliate marketing programs, which means we may get paid commissions on editorially chosen products purchased through our links to retailer sites. %PDF-1.6 % If you or I were to do this, we would be criminally charged. 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. Featuring historical context and emotional interviews with present-day Black residents of Boulder including children and teens grappling with racist bullies at school This Is [Not] Who We Are shows another side of a city that views itself as progressive. In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. He will, however, remain an employee through February . Lawmakers trounce Lobbyists in annual charity hockey game, These four House Republicans broke with the GOP to oppose inflation estimates bill, Biden mocks Rep. 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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. John Smyly questioned and followed Naropa University student Zayd . City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. PUBLISHED: May 16, 2019 at 9:28 a.m. | UPDATED: May 16, 2019 at 11:48 a.m. has worked in the past for MTV News, Billboard, and several other publications. Watch: Police confront black man in his own yard. 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. He did not mention the incident in his resignation letter. John Smyly questioned and followed Naropa University student Zayd Atkinson near his home in Boulder. hbbd```b``>"gk`G`vd "Y rdle`bd`u$300 * 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. John Smyly questioned and followed Naropa University student Zayd . Oyeneyin was handcuffed and detained in his own home after police responded to a burglar alarm in process. 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. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo., detained him in March, 2019. ", US police detain black man picking rubbish, Human error to blame for train crash - Greek PM, At the crash site of 'no hope' - BBC reporter in Greece. When Zayde Atkinson refuses, Smyly threatens to . He said Boulder either lacks the ability or will to root out racism from this police department. Officer John Smyly. 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. setTimeout( function() { Check out footage of the exchange between Smyly and Atkinson. The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. He will be on the city payroll until February 2020. At the crash site of 'no hope' - BBC reporter in Greece. The Boulder City Council has also created a task force to study police oversight. Officer John Smyly was allowed to resign. WEST POINT, N.Y. Army head coach Jeff Monken is giving a history lesson. Investigators found Smyly violated two department policies: police authority and public trust and conduct, the city attorney said. 400 0 obj <> endobj But the movie goes much deeper than this moment, exploring how Boulders earliest history made it nearly impossible for people of color to succeed in the idyllic city in the shadow of the Flatirons. IE 11 is not supported. Stop!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.Smyly drew his Taser 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. Atkinson and BPD patrol officer John Smyly (and, subsequently, other responding officers) ("the Incident"). [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. Smyly said he noticed Atkinson on the buildings rear patio and wanted to see if he lived or worked there. And then you make it beautiful, you hope, so that lots of people are moved by it and want to engage with it. Mr Atkinson says in a video taken by a neighbour. Police body camera footage released Thursday . The findings likely would have resulted in suspension or possible termination, according to the department. (Facebook . In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. Smyly resigned prior to the conclusion of the disciplinary process, but police indicated the process would have likely resulted in suspension or termination. By Ben Kesslen. Video, At the crash site of 'no hope' - BBC reporter in Greece, The Associated Press reports he will earn benefits and a salary during this time, The officer "did not have authority to detain Mr Atkinson", the department wrote in their report, US police accused of beating black officer, Bank calls police over black man's cheque, Mr Atkinson told local broadcaster CBS4 Denver, The student's lawyer, Siddhartha Rathod, told local newspaper the Denver Post that he was disappointed Mr Smyly had not been fired, Harry and Meghan told to 'vacate' Frogmore Cottage, Explosive found in check-in luggage at US airport, Fungus case forces Jack Daniels to halt construction, Rare Jurassic-era bug found at Arkansas Walmart, Dozens of girls treated after new Iran poisonings, Havana Syndrome unlikely to have hostile cause - US. Boulder Police Department's investigation found Mr Smyly had violated the department's rules on police authority, public trust and conduct. John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. 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. 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. }, 2000 ) } ); 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. What Smyly did should have incurred harsher charges but here we are. 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 . The officer, John Smyly, resigned with a severance package, as the City Council and community members were troubled by the incident. Under the agreement, Smyly resigned . When demonstrators took to the . 418 0 obj <>stream All Rights Reserved. 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. In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. Thats what youre gonna do officer? @dlchandler123. I didnt know what else to do besides, you know, to fight with my voice and to practice my rights, which were thoroughly being breached., THE HILL 1625 K STREET, NW SUITE 900 WASHINGTON DC 20006 | 202-628-8500 TEL | 202-628-8503 FAX. Youre on my property with a gun in your hand, threatening to shoot me because Im picking up trash, Atkinson said. In a settlement, Smyly lost his gig but still will collect $69,000 in salary and wont see a blemish on his work record. Im picking up trash! Im picking up trash! 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.. Though National Geographic may have named Boulder the happiest city in America in 2017, that description is more true for some residents than others, the filmmakers argue. An independent review conducted by former U.S. Attorney for the District of Colorado Bob Troyer will be released once its complete, which is expected to be next week. More officers -- 8 in total -- eventually arrived, some with guns drawn. 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. On the video, Atkinson responds by shouting: Thats a gun! In a documentary filmmaking class during her junior year at CU, Katrina Miller (Jour07) made a short movie about her friend, a Black student whod received a racially charged letter threatening her to step down from her post as student body president. John Smyly resigned from the BPD after pointing a gun at Black Naropa student Zayd Atkinson, and he was just hired by Boulder County Sheriff. The latest breaking updates, delivered straight to your email inbox. 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. 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. A white Colorado police officer caught on video pulling a gun on a black man who was picking up trash outside his home has resigned, officials said Thursday. Boulder PD releases body camera footage, reports. 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. 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. May 16, 2019 / 5:17 PM / CBS Colorado. We still have people who really believe that Boulder is just this perfect town, who believe that what happened to Zayd was an isolated incident, so I want to reach every single resident somehow, some way, Miller said. 'http':'https';if(!d.getElementById(id)){js=d.createElement(s);js.id=id;js.async=true;js.src=p+'://platform.twitter.com/widgets.js';fjs.parentNode.insertBefore(js,fjs);}}(document, 'script', 'twitter-wjs'); The BBC is not responsible for the content of external sites. Copyright 2023 Interactive One, LLC. The film "This Is Not Who We Are" includes the testimonials of several black Boulder . Advertisement. Zayd Atkinson was picking up trash in his front yard in the 2300 block of Arapahoe Avenue about 8:30 p.m. on Friday, March 1, when Smyly, a 14-year veteran of the department with no background of . Maybe he got a suspicious call or saw something but things escalated. (Siddhartha Rathod via AP), Connect with the definitive source for global and local news. If you have information about the department Smyly is working for now, please email the information to realjamesfreeman@gmail.com, so I can publish it, warning potential new victims of his presence. A phone number for Smyly could not be located Thursday. window.addEventListener( 'loadOrInteraction', function() { We would immediately lose our jobs.. 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. My life right now is kind of restless, unsettled, he said. Your hand is on your weapon and youre gonna shoot me, Atkinson shouted. Its hard to believe now, but there was a time when there was no Google in Boulder. Youre probably going to get tased in a second, because you have a weapon, Smyly told Atkinson before brandishing his handgun. Smyly is resigning but will "exhaust" his paid leave. Smyly drew his Taser 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. CU ecologists are tracking down the surviving trees of the Front Ranges all but vanished apple orchards and priming a renewal. 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. "That means you can do whatever you want and break the law and get away with it.". "That just pisses me off that my tax money is going there to this guy to hang out for a year after breaking the law and breaching my rights," Atkinson said. If you or I were to do this, we would be criminally charged. 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 In a statement released on Thursday, The city of Boulder announced that an investigation found that Smyly violated two police department policies: One officer can be seen holding a rifle; the investigative summary says the weapon fires bean bags. Put that down, Smyly said on the tape. I have practiced law for over 28 years, 14 of those years as a federal prosecutor and . That morning, John Smyly, a Boulder police officer, was driving around the area of Folsom Street and . On the video, Atkinson responds by shouting: Thats a gun! This Is [Not] Who We Are won a prestigious Peoples Choice Award when it premiered at the Boulder International Film Festival in March, and after the screening, scores of people eagerly participated in a call-to-action discussion session. 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. 2023, Hearst Television Inc. on behalf of WYFF-TV. John Smiley was drafted by the Pittsburgh Pirates in the 12th round of the 1983 MLB June Amateur Draft from Perkiomen School (Pennsburg, PA). Atkinson can be seen holding a bucket and a metal trash grabber. 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. Atkinson repeatedly said he had not done anything wrong. 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 . Boulder police launch an internal investigation after a video surfaces showing officers confronting an African American man picking up trash in Boulder, Colorado. "The subject officer did not have probable cause to charge Mr Atkinson with any crime.". The city of Bouldersaid in a statement Thursday that officer John Smyly violated multiple department policies when heconfrontedZayd Atkinson, 26, in March. D.L. Atkinson refused then picked up the bucket and tool and walked away. Atkinson provided his school ID, which did not have an address and then offered to let himself into the building as proof. 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. Colorado police officer John Smyly who pulled his gun on Zayd Atkinson, a student at Naropa University picking up trash in front of his apartment building, has resigned. He tries to make his victim sit like a dog, for no reason other than to assert dominance over him. The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. 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. The Boulder County Sheriff complaint line - 303-441-1759 He said he has had trouble sleeping since and spends time outdoors or with friends to calm him.My life right now is kind of restless, unsettled, he said.Carr, the city attorney, 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.City officials said the investigation could not prove that Smyly acted because of Atkinsons race. Atkinson, 26, said he believes Smyly should have been fired immediately. Give Light and the People Will Find Their Own Way, executive summary of the internal affairs investigation, body camera videos, police report and dispatch tapes, Activists call for citizen review board after Boulder officers detain black man. Call and let them know that by hiring officers who have a history of racial profiling, they are contributing to the racist culture of policing. 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. Atkinson was picking up trash outside his dormitory when a white police officer in . A Colorado police officer, John Smyly resigned after an incident he had with a local resident where he approached this black man who was picking up trash around the residency he lived at. 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. Its a facilitation. Boulder Police Officer John Smyly quit . Mr. Atkinson turned, took out his ear buds, and asked what was going on. 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. The officer, John Smyly, resigned this week under an agreement with . Zayd Atkinson, a student at Naropa University in Boulder, Colorado, was picking up garbage outside of his residence when officer John Smyly approached. The city added that Smyly resigned before the city concluded an investigation into the incident. "I need to verify who you are," Smyly says. Thats what youre gonna do officer? One officer can be seen holding a rifle; the investigative summary says the weapon fires bean bags. Mr Smyly attempted to detain Mr Atkinson . 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., 2023 NYP Holdings, Inc. 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Despite the documentarys bleak outlook, the filmmakers remain optimistic, due in large part to the positive reception of the film so far. "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. Miller, along with Beret Strong (Engl83) and John Tweedy (Engl82), are sparking important conversations about race and inclusion with their film This Is [Not] Who We Are, which explores the disconnect between Boulder's self-proclaimed commitment to diversity and Black residents lived experiences. 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 . Associated Press / May 17, 2019. Officer Smyly drew his gun and called in backup during the confrontation in March. 411 0 obj <>/Filter/FlateDecode/ID[]/Index[400 19]/Info 399 0 R/Length 74/Prev 280568/Root 401 0 R/Size 419/Type/XRef/W[1 3 1]>>stream Atkinson also told ABC Newss Good Morning America in April that hes been struggling with stress and trauma since the encounter. Smyly is a 14-year department veteran was found in violation of two department policies. The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. The Boulder police officer who confronted a black Naropa student picking up trash outside his residence in March was . "I don't have a weapon! 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. Atkinson, 26, said he believes Smyly should have been fired immediately. He said he has had trouble sleeping since and spends time outdoors or with friends to calm him. 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 to the newspaper. They left after determining that Atkinson had a right to be on the property. 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 . I thought that once the firearm was out that that meant that he was going to try to kill me, Atkinson said. The city on Thursday announced the settlement but did not include the terms in a news release. Embattled NC sheriff resigns again before DA details accusations against him in court. 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