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. 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. 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. 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. After about eight minutes, more officers arrive and form a loose half circle around Atkinson. Atkinson repeatedly said he had not done anything wrong. The confrontation between Smyly and Atkinsonsparked massive backlash in the community. They left after determining that Atkinson had a right to be on the property. Watch live: White House monkeypox response team holds briefing, Do Not Sell or Share My Personal Information. '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 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 . Youre on my property with a gun in your hand, threatening to shoot me because Im picking up trash, the man said to the officer. Mr Smyly called for backup because Mr Atkinson was "unwilling to put down a blunt object". (Siddhartha Rathod via AP), Connect with the definitive source for global and local news. Im picking up trash! 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. Atkinson refused, then picked up the bucket and tool and walked away. 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. 1202 University Avenue, 459 UCB During the incident the man gave officers his university ID and said repeatedly that he lived and worked at the shared occupancy building. 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. "That means you can do whatever you want and break the law and get away with it.". 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. Video of the incident from Smyly's body camera shows him detaining . Associated Press / May 17, 2019. covers a variety of topics including breaking news, politics, Hip-Hop music and culture, fashion, and Black history. Smyly was allowed to resign, and is likely working for another department at this time. This material may not be published, broadcast, rewritten, or redistributed. This is a bucket. This is a bucket! The city was being "disingenuous with the public" and "using taxpayer dollars to pay this officer," he added. "I don't have a weapon! Judge says Starbucks committed egregious and widespread labor violations Zero-calorie sweetener popular in keto diets linked to strokes, heart attacks, Trumps polling strength causes heartburn for Senate GOP, Senate group wades into tough talks on Social Security, China, Belarus call for cease-fire, negotiations in Ukraine. 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. 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. 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. Im picking up trash! Most young women are not. When Zayde Atkinson refuses, Smyly threatens to tase him. Atkinson echoed Rathod's remarks in an interview with Denver7. Now, the creators are fielding requests to screen the film in Boulder and beyond; theyre also creating accompanying study guides to help people understand and discuss the themes depicted in the film. 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. 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 . 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 . Officer John Smyly. Under the agreement, Smyly resigned . I have practiced law for over 28 years, 14 of those years as a federal prosecutor and . 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. Department rule 8 (Conduct): Members use reasonable judgment and refrain from conduct which reflects unfavorably on the department. He said he has had trouble sleeping and spends time outdoors or with friends to calm him. Stop!. 400 0 obj <> endobj 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. Alumni Association City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. CU ecologists are tracking down the surviving trees of the Front Ranges all but vanished apple orchards and priming a renewal. 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. The film "This Is Not Who We Are" includes the testimonials of several black Boulder . In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. 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, the report read. Published: May. 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. 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. Maybe he got a suspicious call or saw something but things escalated. {mosads}While the finding likely would have resulted in suspension or possibly termination, Officer Smyly resigned prior to the conclusion of the disciplinary process, the statement said. 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. 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. 0 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. All Rights Reserved. Mr. Rathod is correct. Atkinson then raised his voice, causing the officer to become threatened by the trash grabber, according to the report. D.L. 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 The Boulder City Council has also created a task force to study police oversight. "I will not sit down, I refuse to sit down, until you guys put your (expletive) weapons away," Atkinson said. "The subject officer did not have probable cause to charge Mr Atkinson with any crime.". 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. As part of his resignation agreement, Smyly will officially end his employment with Boulder on Feb. 9, 2020 after using his accrued floating holiday leave, sick and permitted administrative leave. That morning, John Smyly, a Boulder police officer, was driving around the area of Folsom Street and . Since Live PD and Cops was cancelled, James Freeman does LIVE STREAMING COP WATCHES. The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. If you know what department Smyly is working it, please email that information to realjamesfreeman@gmail.com, so I can publicly publish that information, warning potential new victims.ID Refusal by Boulder Colorado man, Zayde Atkinson results in threats and officer John Smyly brandishing a fire arm.email videos you want covered on this channel to Realjamesfreeman@gmail.com James Freeman does first amendment audits, cop watching, cop blocking, and more. Smyly is a 14-year department veteran was found in violation of two department policies. Under the agreement, Smyly resigned his police role May 9 but will remain an employee through February without performing any work. The city said that an investigation did not find evidence of racial profiling. Stop!. Its hard to believe now, but there was a time when there was no Google in Boulder. 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 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, 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 . How many strikeouts did John Smiley have? Drought, dry grass and gusting winds lead to wildfire. 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. The city on Thursday announced the settlement but did not include the terms in a news release. Atkinson refused then picked up the bucket and tool and walked away.Put that down, Smyly said on the tape. I thought that once the firearm was out that that meant that he was going to try to kill me, Atkinson said. Boulder officials conducted an investigation of the March incident of officer John Smyly confronting Zayd Atkinson outside his home. 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 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. 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. Privacy Legal & Trademarks Campus Map. Film is the tool you can use to help other people say what they need to say, said Strong. 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. Atkinson, 26, said he believes Smyly should have been fired immediately. 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. John Smiley was a Pitcher. "I will not sit down, I refuse to sit down, until you guys put your (expletive) weapons away," Atkinson said. Atkinson repeatedly said he had not done anything wrong. May 16, 2019, 9:54 PM. Smyly attempted to detain Atkinson, a student at Naropa University in Boulder, asking him to prove he lived on the property. In a settlement, Smyly lost his gig but still will collect $69,000 in salary and wont see a blemish on his work record. We would immediately lose our jobs.. WEST POINT, N.Y. Army head coach Jeff Monken is giving a history lesson. If you or I were to do this, we would be criminally charged. Atkinson asked for Smylys supervisor several times during the footage and a total of eight officers and a sergeant responded to the scene. 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. Atkinson repeatedly said he had not done anything wrong.Your hand is on your weapon and youre gonna shoot me, Atkinson shouted. Investigators found Smyly violated two department policies: police authority and public trust and conduct, the city attorney said. "If you or I did what Officer Smyly did to Zayd Atkinson, not only would we be immediately fired, we would be criminally prosecuted. Join Facebook to connect with John Smyly and others you may know. 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. "The city of Boulder is paying this officer nearly $80,000 [71,500] for violating the constitutional rights of Zayd," he said. Advertisement. At the crash site of 'no hope' - BBC reporter in Greece. John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. When Zayde Atkinson refuses, Smyly threatens to . 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. 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. Police body camera footage released . "I need to verify who you are," Smyly says. The officer, John Smyly, resigned with a severance package, as the City Council and community members were troubled by the incident. 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. 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. But none of those officers, including Smyly, pointed their weapons at Atkinson, the report found. Copyright 2023 Interactive One, LLC. Oyeneyin was handcuffed and detained in his own home after police responded to a burglar alarm in process. Mr. Atkinson turned, took out his ear buds, and asked what was going on. He tries to make his victim sit like a dog, for no reason other than to assert dominance over him. Based on the investigation, the Boulder Police Department will start additional training on de-escalation efforts for officers. If you or I were to do this, we would be criminally charged. 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. He will, however, remain an employee through February . Copyright 2019 Scripps Media, Inc. All rights reserved. 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. This is a clamp!" Im not tryi. Thats what youre gonna do, officer? The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. His first big break in journalism came with the now-defunct Politically Black in 1999, the nation's first Black political news portal. 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.. Atkinson, 26, said he believes Smyly should have been fired immediately. 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. Supervised 25 different police officer trainees, evaluating job performance and developing training plans to encourage professional growth and improve deficiencies. 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. 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. 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. The body camera footage of Officer Smyly shows the exchange between go sour after Atkinson told him that he was a resident and offered to show him his access . 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. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. Facebook gives people the power to share. 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 . Officer John Smyly was allowed to resign. We would immediately lose our jobs.". 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. On Thursday morning, the city of Boulder announced the investigation had closed and the officer, who had already resigned, had not racially profiled the man. 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.A phone number for Smyly could not be located Thursday. "Boulder is essentially saying, 'We're going to pay this officer and let him resign for threatening Zayd's life, for racially profiling Zayd,'" Rathod told The Associated Press. The officer "did not have authority to detain Mr Atkinson", the department wrote in their report. 17, 2019 at 1:00 PM PDT. Mr Atkinson says in a video taken by a neighbour. May 17, 2019, 6:17 AM PDT. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Thanks for contacting us. More officers -- 8 in total -- eventually arrived, some with guns drawn. City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinsons race. 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 . 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. What Smyly did should have incurred harsher charges but here we are. @O $6(|a*P`t@dLYYo&$ ()lTA johhUCWLe8*%BsS@35,\4'Jaqm>$BlvR6 The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. 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. A documentary at this year's Denver Film Festival is challenging the City of Boulder's inclusive reputation. Your hand is on your weapon and youre gonna shoot me, Atkinson shouted. 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. Thats what youre gonna do officer? 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. KATHLEEN FOODY. However, Smyly resigned before the investigation concluded. 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. And `` using taxpayer dollars to pay this officer, John Smyly, pointed their weapons at Atkinson a. Atkinson, a student at Naropa University in Boulder more officers arrive form! -- eventually arrived, some with guns drawn sleeping and spends time or... I have practiced law for over 28 years, 14 of those as... Veteran was found in violation of two department policies: police authority public. Likely working for another department at this time department at this time POINT N.Y.! 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