On the video, Atkinson responds by shouting: Thats a gun! 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. "If you or I did what Officer Smyly did to Zayd Atkinson, not only would we be immediately fired, we would be criminally prosecuted. Police body camera footage released Thursday provided a full video account of . Mr. Atkinson turned, took out his ear buds, and asked what was going on. He is not allowed to be reinstated to the Boulder Police Department. But an independent review of the confrontation found no impropriety in the procedures . How many strikeouts did John Smiley have? @O $6(|a*P`t@dLYYo&$ ()lTA johhUCWLe8*%BsS@35,\4'Jaqm>$BlvR6 City Attorney Tom Carr said the exchange between Smyly and Atkinson does not represent the professionalism of the department. 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. We would immediately lose our jobs.. John Smyly questioned and followed Naropa University student Zayd Atkinson near his home in Boulder. This material may not be published, broadcast, rewritten, or redistributed. He then begins commands for the student to sit down on the pavement . 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. PUBLISHED: May 16, 2019 at 9:28 a.m. | UPDATED: May 16, 2019 at 11:48 a.m. They hope that after viewing the film, people will feel motivated to take action or start down a path of self-education, however they feel compelled to whether thats by joining the Boulder County branch of the NAACP, reading books on white privilege, having difficult conversations about race and ethnicity or something else entirely. D.L. Read about our approach to external linking. 2023 BBC. Atkinson repeatedly said he had not done anything wrong. Its hard to believe now, but there was a time when there was no Google in Boulder. "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. The man he tried to bully and intimidate, Zayde Atkinson, NEVER gave in. Your hand is on your weapon and youre gonna shoot me, Atkinson shouted. (Siddhartha Rathod via AP) 1 of 2. Im picking up trash and youre holding a gun!. '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'); 418 0 obj <>stream Under the agreement, Smyly resigned his police role on May 9 but will remain an employee through February without performing any work. 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. (Siddhartha Rathod via AP), Connect with the definitive source for global and local news. Mr Atkinson told local broadcaster CBS4 Denver he was glad Officer Smyly was "being held accountable for something but it seems like it's just bare minimum things". 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. Cellphone footage shot by a neighbor showed Smyly holding his firearm amid the confrontation. 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. A white Colorado police officer who confronted a black man picking . Officer Smyly . Watch live: White House monkeypox response team holds briefing, Do Not Sell or Share My Personal Information. Atkinson refused, then picked up the bucket and tool and walked away. The city said that an investigation did not find evidence of racial profiling. "I will not sit down, I refuse to sit down, until you guys put your (expletive) weapons away," Atkinson said. Atkinson refused then picked up the bucket and tool and walked away.Put that down, Smyly said on the tape. [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. 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 . Police body camera footage released . Under the agreement, Smyly resigned . 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. We do urge caution as this video could trigger some. 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. Atkinson was picking up trash outside his dormitory when a white police officer in . A white Colorado police officer has resigned after being caught on video drawing his gun on a black man who said he was picking up trash at his property. Supervised 25 different police officer trainees, evaluating job performance and developing training plans to encourage professional growth and improve deficiencies. Authorities also released body camera footage from officers at the scene. 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 . 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. . Associated Press / May 17, 2019. We would immediately lose our jobs.". City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinsons race. Boulder Police Department's investigation found Mr Smyly had violated the department's rules on police authority, public trust and conduct. Oyeneyin was handcuffed and detained in his own home after police responded to a burglar alarm in process. May 17, 2019, 6:17 AM PDT. I have practiced law for over 28 years, 14 of those years as a federal prosecutor and . Smyly next asked for Atkinsons date of birth. Everyone really needs to open their eyes to all the truths of their community so we can fix it.. Body camera footage released Thursday provided a full video account of the tense encounter, which gained national attention based on video shot by someone inside the building. Smyly asked for Atkinsons date of birth. 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. Boulder PD releases body camera footage, reports. Atkinson provided his school ID, which did not have an address and then offered to let himself into the building as proof. City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinson's race. hb```*f The film centers on a recent incident that made headlines around the world: In March 2019, Boulder police officer John Smyly confronted and, ultimately, pointed his gun at Zayd Atkinson, a Black man and a student at Naropa University who was picking up trash outside of his dorm as part of his work-study job. A white police officer who pulled out his gun during a heated confrontation with a black college student picking up trash outside his Colorado dorm is resigning and will continue to collect his paycheck for the next eight months, city officials said. He resigned before a disciplinary process commenced. I thought that once the firearm was out that that meant that he was going to try to kill me, Atkinson said. The former Boulder police officer who resigned after pointing a gun at a Black Naropa student has taken a temporary civilian position with the Boulder County Sheriff's Office . The Boulder police officer who confronted a black Naropa student picking up trash outside his residence in March was . 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. 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. When Zayde Atkinson refuses, Smyly threatens to tase him. Atkinson's attorney, Denver-based civil rights attorney Siddhartha Rathod, said that Boulder was using taxpayer dollars to reward Smyly for racially profiling his client and putting Atkinson in fear for his life. hbbd```b``>"gk`G`vd "Y rdle`bd`u$300 * Carr said investigators found Smyly violated two department policies: police authority and public trust and conduct. 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. More officers -- 8 in total -- eventually arrived, some with guns drawn. 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.. He currently heads the SPIRIT.ED column for Cassius Life, which focuses on adult beverages and their history. City officials said the investigation could not prove that Smyly acted because of Atkinsons race. Youre on my property with a gun in your hand, threatening to shoot me because Im picking up trash, Atkinson said. Follow @dlchandler123 Based on the investigation, the Boulder Police Department will start additional training on de-escalation efforts for officers. The BBC is not responsible for the content of external sites. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. We would immediately lose our jobs.. 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. We do not know the motive of the officer on why he approached this black man. 17, 2019 at 1:00 PM PDT. is a native Washingtonian and resides in the Greater Washington area. 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. Boulder Police Officer John Smyly quit . 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. The incident happened on March 1 on the 2300 block of Arapahoe Avenue in Boulder. Police body camera footage released Thursday . 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. 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. 0 Stop!. 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. The officer, John Smyly, resigned with a severance package, as the City Council and community members were troubled by the incident. My life right now is kind of restless, unsettled, he said. Im picking up trash! "The city of Boulder is paying this officer nearly $80,000 [71,500] for violating the constitutional rights of Zayd," he said. 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. 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. It was a frightening experience. Thats what youre gonna do, officer? NAACP Boulder County Chapter: Dear President James and colleagues, Based upon your concerns over the hire of former Boulder Police Department Officer John Smyly in the computer support section of the sheriff's office, the hire was given another review. However, Smyly resigned before the investigation concluded. Mr. Rathod is correct. 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. He is likely employed at a different police department at this time. On Thursday, the city announced the conclusion of an internal investigation, saying it found Smyly violated two department policies could not substantiate claims of racial bias. He tries to make his victim sit like a dog, for no reason other than to assert dominance over him. The film "This Is Not Who We Are" includes the testimonials of several black Boulder . 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. 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. On the video, Atkinson responds by shouting: Thats a gun! At the crash site of 'no hope' - BBC reporter in Greece. 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 he . 1202 University Avenue, 459 UCB 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. Copyright 2019 Scripps Media, Inc. All rights reserved. For an optimal experience visit our site on another browser. On the video, Atkinson responds by shouting: Thats a gun! John Smiley had 1,284 strikeouts over his career. @dlchandler123. 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. 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 . In a settlement, Smyly lost his gig but still will collect $69,000 in salary and wont see a blemish on his work record. KQ)csp W,M=--I3&\(4lPb&[ A phone number for Smyly could not be located Thursday. The city on Thursday announced the settlement but did not include the terms in a news release. Watch: Police confront black man in his own yard. setTimeout( function() { 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. Atkinson, who is black and said after the incident that he felt he was racially profiled, showed Smyly, who is white, his student identification card, but the officer said he needed needed further proof. Drought, dry grass and gusting winds lead to wildfire. 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. Mr Smyly attempted to detain Mr Atkinson . Under a settlement with the department, Mr Smyly will stay on the city payroll until February 2020. Despite the documentarys bleak outlook, the filmmakers remain optimistic, due in large part to the positive reception of the film so far. "I will not sit down, I refuse to sit down, until you guys put your (expletive) weapons away," Atkinson said. Advertisement. Carr said investigators found Smyly violated two department policies: police authority and public trust and conduct. Smyly was allowed to resign, and is likely working for another department at this time. 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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 . 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. Boulder Is the Happiest City in the U.S. For Some, Marshall Fire Devastates CU Boulder Community. May 16, 2019 / 5:17 PM / CBS Colorado. "I don't have a weapon! 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. Now, 15 years later, Miller is once again using documentary film as a vehicle for social change. Im not tryi. 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. This is a bucket! Read about our approach to external linking. If you or I were to do this, we would be criminally charged. Atkinson said he did, and Smyly asked for identification with the address on it. Smyly is a 14-year department veteran was found in violation of two department policies. Smyly resigned on May 15, before the conclusion of the disciplinary process. Officer John Smyly was allowed to resign. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Thanks for contacting us. One officer can be seen holding a rifle; the investigative summary says the weapon fires bean bags. Atkinson repeatedly said he had not done anything wrong. He did not mention the incident in his resignation letter. Copyright 2023 Interactive One, LLC. And then you make it beautiful, you hope, so that lots of people are moved by it and want to engage with it. 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. Im picking up trash, and youre holding a gun!. More officers -- 8 in total -- eventually arrived, some with guns drawn. 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. 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. Maybe he got a suspicious call or saw something but things escalated. 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 officer, John Smyly, resigned this week under an agreement with . 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. Stop!. 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. He will, however, remain an employee through February . That means the city will pay him roughly $69,000 between now and February 9, 2020 his official final day on the job. 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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In a statement released on Thursday, The city of Boulder announced that an investigation found that Smyly violated two police department policies: While we have no proof racial bias was a motivating factor, the internal affairs investigation resulted in sustained violations of police policies.. 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. "If you or I were to do this, we would be criminally charged. Kazeem Oyeneyin answers the door at his home in Raleigh, N.C., on Aug. 17. We've received your submission. 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. Smyly attempted to detain Atkinson, a student at Naropa University in Boulder, asking him to prove he lived on the property. The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. Under the agreement, Smyly resigned . By Breanna . VideoAt the crash site of 'no hope' - BBC reporter in Greece, China and Belarus call for peace in Ukraine, How 10% of Nigerian registered voters delivered victory, Sake brewers toast big rise in global sales, The Indian-American CEO who wants to be US president, Blackpink lead top stars back on the road in Asia, Exploring the rigging claims in Nigeria's elections, 'Wales is in England' gaffe sparks TikToker's trip. Aug. 17 the filmmakers remain optimistic, due in large part to the Boulder department! We Are & quot ; includes the testimonials of several black Boulder responds... Begins commands for the student to sit down on the video, responds... Smyly had violated department policies things escalated is the Happiest city in the Greater Washington area neighbor showed Smyly his... For over 28 years, 14 of those years as a federal prosecutor and Mr Smyly will on... Boulder community sit like a dog, for no reason other than to assert dominance over him training... Refuses, Smyly threatens to tase him way the cop wants him to prove he lived on city! For identification with the address on it to detain Atkinson, a student at Naropa University student Zayd Atkinson his! His dormitory when a white police officer trainees, evaluating job performance and developing plans. The definitive source for global and local news Arapahoe Avenue in Boulder with the department, Mr will. Or saw something but things escalated: white House monkeypox response team holds briefing, not. Officers at the scene by the incident in his own home after police responded to a alarm! Can fix it column for Cassius Life, which did not find evidence of racial profiling the job outside residence. For Cassius Life, which did not include the terms in a news release home in Raleigh,,! 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