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. 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. Boulder officials did not immediately return a request for how much Smyly would be paid during his time on leave. . Atkinson said he did, but did not elaborate when Smyly asked him what unit he lived in. Smyly asked for Atkinsons date of birth. 2023 BuzzFeed, Inc. All rights reserved. Your hand is on your weapon and youre gonna shoot me, Atkinson shouted. City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. ABC7 New York 24/7 Eyewitness News . Finally, police confirm his story by asking someone else if he does, in fact, live there. Investigators found Smyly violated two department policies: police authority and public trust and conduct, the city attorney said. Smyly asked for Atkinsons date of birth. 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 has agreed to immediately seek other employment outside of the county government.. Based upon this investigation and concerns it raised, the Boulder Police Department will be initiating additional officer training concerning effective de-escalation of incidents, the department wrote in a release. "I will not sit down, I refuse to sit down, until you guys put your (expletive) weapons away," Atkinson said. Cubs pitcher Drew Smyly is introduced at the opening ceremony of the Cubs Convention at the Sheraton Grand Chicago, Jan. 13, 2023, in Chicago. 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. (Tribune photo by Nancy Stone). In an effort to keep our community informed, we are now publishing some press peleases in whole. If you or I were to do this, we would be criminally charged. Stop!. While we have no proof that racial bias was a motivating factor, the internal affairs investigation resulted in sustained violations of police policies.. Officer John Smyly was among the Boulder Police Department members who rousted Naropa student Zayd Atkinson for picking up trash at his own home in March 2019. 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 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. Read more here. 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. The footage shows Smyly investigating Atkinson for trespassing. When Zayde Atkinson refuses, Smyly threatens to tase him. Heres what it all means. The subject officer should have ended his contact with Mr. Atkinson as soon as Mr. Atkinson provided his name, address and a brief explanation of what he was doing.. ", "I just told you I lived here and I told you that I'm working as well," 26-year-old Zayd Atkinson responded. . 2023 Colorado Public Radio. The investigation found officer John Smyly violated two department policies and found no evidence to support a claim of racial profiling. Atkinson repeatedly said he had not done anything wrong. City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinson's race. Atkinson repeatedly said he had not done anything wrong. Jim Gardiner is top vote-getter, likely headed to runoff with Megan Mathias, which mayoral candidate received the most votes in your ward, Oak Lawn officer pleads not guilty in violent arrest captured on video, allegedly struck teen more than 10 times, Woman, 55, fatally wounded Tuesday night in North Austin neighborhood, Man fatally injured when SUV falls on him near Gages Lake, Pizzeria Uno sells frozen pizza division to Romeoville-based Great Kitchens. He has agreed to immediately seek other employment outside of the county government. 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. Boulder police said it could not support a claim of racial profiling in the encounter, but Smyly was found to have violated two department policies. 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 . Im picking up trash! But Carr did elaborate on the decision not to fire or suspend Smyly in the statement. Debris of trains lie on the rail lines after a collision in Tempe, about 235 miles north of Athens, near Larissa, Greece, March 1, 2023. 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. 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. 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. Boulder police said it could not support a claim of racial profiling in the encounter, but Smyly was found to have violated two department policies. Im picking up trash, and youre holding a gun!. Smyly resigned prior to the conclusion of the disciplinary process, but police indicated the process would have likely resulted in suspension or termination. Smyly asked for Atkinsons date of birth. We failed to consider the sentiment, or trigger that it might cause for people of color. I am not normally involved in hiring decisions. John is not enjoying the spotlight or controversy and understands it is necessary for him to leave. 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. This was a temporary, non-enforcement job with no public contact or representation. Debris of trains lie on the rail lines after a collision in Tempe, about 235 miles north of Athens, near Larissa, Greece, March 1, 2023. One of the officers involved in the latter scenario, John Smyly, resigned from the BPD earlier this month. Pelle added the decision was very difficult because Smyly didnt violate any policies and has been a very productive, pleasant employee. Smyly will leave as soon as possible, once the projects hes working on are complete, with a departure deadline of the end of the year, according to Pelle. He. Read more here. More officers -- 8 in total -- eventually arrived, some with guns drawn. You can read the full agreement below. 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. 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. 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. Im picking up trash! Atkinson refused, then picked up the bucket and tool and walked away. At this point, Smyly called in for a cover car and told Atkinson he was obstructing a police officer and was detaining him and investigating him for trespass. 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 officer then called for back-up, leading to eight officers surrounding the college student. Venus, the moon, Mars, and Jupiter are all visible in the eastern sky above Lake Michigan before sunrise June 23, 2022, in Chicago. ", 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. Living at Kimberly Court can seem like living in the most convenient location in Boulder. The officer was identified today as 40-year-old John Smyly, a 14-year veteran of the department with no prior disciplinary action. How do you feel?" On the video, Atkinson responds by shouting: Thats a gun! Atkinson, 26, said he believes Smyly should have been fired immediately. The settlement allowed the city to provide the community information more quickly, and it transitioned Officer Smyly out of a law enforcement career.. My life right now is kind of restless, unsettled, he said. Finally, police confirm his story by asking someone else if he does, in fact, live there. We will try to b his position and transfer the work and have him finish the projects he has in progress on our RMS replacement so that we dont have to start over. Under the agreement, Smyly resigned his police role on May 9 but will remain an employee through February without performing any work. You are also agreeing to our Terms of Service and Privacy Policy. Atkinson repeatedly said he had not done anything wrong. 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. 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. 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. Press Releases are provided to Yellow Scene. City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinsons race. By. Our staff spoke to John Smyly yesterday concerning the controversy over his temporary position here. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. All rights reserved. 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. Ed Burke since 1969 won by Jeylu Gutierrez, Ald. 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. 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. At one point the officer says, "you're probably going to get tased.". 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