Concluding the investigation allows the city to release all of the information relating to the incident, allowing community members to form their own opinions based on all of the available information, Boulder City Attorney Tom Carr said in a statement. 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. City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. Not for the "stupid price" of $150 an acre foot. 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. Keyserling could not say if an officer still employed with the city would have the record included in their file. If you or I were to do this, we would be criminally charged. But an independent review of the confrontation found no impropriety in the procedures . Smyly said he noticed Atkinson on the rear patio and wanted to see if he lived or worked there. 2023 Trib Total Media | All Rights Reserved. Atkinson, 26, said he believes Smyly should have been fired immediately. He has agreed to immediately seek other employment outside of the county government. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. He said he has had trouble sleeping and spends time outdoors or with friends to calm him. Atkinson, 26, said he believes Smyly should have been fired immediately. But Carr did elaborate on the decision not to fire or suspend Smyly in the statement. We failed to consider the sentiment, or trigger that it might cause for people of color. 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. He has agreed to immediately seek other employment outside of the county government.. Simon and Sally Glass say findings vindicate their belief that their son was murdered by Clear Creek County sheriff's deputies. Atkinson repeatedly said he had not done anything wrong. 10-1! More officers -- 8 in total -- eventually arrived, some with guns drawn. A Cactus League road game yesterday came hours after Seiya Suzukis disappointment over his oblique strain and outlook at what comes next for the Chicago Cubs right fielder. but it can also be stressful. We would immediately lose our jobs.. Boulder Valley School District. Smyly asked for Atkinsons date of birth. The man he tried to bully and intimidate, Zayde Atkinson, NEVER gave in. He shared that he slept on the decision, but he clearly didnt think about how it would land with the community or those few diverse members of his staff. 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. TV Q&A: Is a Pittsburgher writing for CBSs East New York? "Shouldn't that be enough for you?". 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. According to the report, Smyly asked Atkinson if he lived there. John is not enjoying the spotlight or controversy and understands it is necessary for him to leave. Opening day might not be in play because of Suzuki's moderate left oblique strain, making the rest of the spring important for the organization to figure out its options if he can't go at the beginning of the season. When Zayde Atkinson refuses, Smyly threatens to tase him. Ultimately, I approved the hire. 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. -- 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. The US economy is sending mixed signals. City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. Living at Kimberly Court can seem like living in the most convenient location in Boulder. Video of the incident from Smyly's body camera shows him detaining . He said he has had trouble sleeping and spends time outdoors or with friends to calm him. Atkinsons attorney did not respond to requests for comment. 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. 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. Finally, police confirm his story by asking someone else if he does, in fact, live there. Smyly can be heard saying, You have a dangerous object in your hand and you are failing to put it down., When Atkinson points out you are holding a gun, while he has a trash grabber, Smyly says, I feel threatened because you are not putting it down., Atkinson at several points asks for Smylys supervisor and says, Youre not going to get away with murder. 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 . City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinsons race. 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. ", AccuWeather: AM showers before a mild afternoon, Extra Time: Breaking down massive NYC, NYPD settlement, Teammate facing charges in crash that killed local UGA player. We have been engaged in race equity training and discussions and are committed to continuing those efforts and working with county staff on whatever tools might help us in those efforts. We looked at this through the lens of safety and exposure. Im picking up trash, and youre holding a gun!. Atkinson gave Smyly his Naropa student ID, but it did not have his address or date of birth. 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. Since Live PD and Cops was cancelled, James Freeman does LIVE STREAMING COP WATCHES. 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. 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. Rescuers searched through the burned-out wreckage of two trains that slammed into each other in northern Greece. John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. 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 footage shows Smyly investigating Atkinson for trespassing. Read more here. Atkinson, 26, said he believes Smyly should have been fired immediately. 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." 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. Atkinson provided his school ID, which did not have an address and then offered to let himself into the building as proof. 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. Listen now. 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. He tries to make his victim sit like a dog, for no reason other than to assert dominance over him. Smyly resigned prior to the conclusion of the disciplinary process, but police indicated the process would have likely resulted in suspension or termination. Atkinson said he did, and Smyly asked for identification with the address on it. Smyly asked for Atkinsons date of birth. 9191 46 Comments 15 Shares Share Smyly was allowed to resign, and is likely working for another department at this time. 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. This was very difficult because John has not violated any policies here and has been a very productive, pleasant employee. 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. How do you feel?" 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. We looked at this through the lens of safety and exposure. When Zayde Atkinson refuses, Smyly threatens to . (John J. Kim/Chicago Tribune). It's like Live PD, except actually live, and without the \"cops can do no wrong\" bias.music in this videoLove Is Blind (Instrumental Version) - Coma Svenssonhttps://www.youtube.com/watch?v=u78BBpHcz44Wasted Education - Blue Topazhttps://www.youtube.com/watch?v=dqmKzeeDj54 Boulder police officer who confronted black, Click to share on Facebook (Opens in new window), Click to share on Reddit (Opens in new window), Click to share on Twitter (Opens in new window), Get to know all 17 Denver mayor candidates , Boulder police officer who confronted black Naropa student to resign, Denver East High student dies more than two weeks after being shot outside school, Multiple Colorado schools temporarily placed under secure status due to threats, Off-duty Denver police officer hits, kills man walking on road, Woman shot near CU Boulder overnight, suspect is at large, Boulder King Soopers shooting suspect has schizophrenia, defense says, Denver airport CEO Phil Washington tangles with Sen. Ted Cruz during FAA confirmation hearing, Man killed in shooting outside of Aurora apartment complex, who confronted a black Naropa student picking up trash outside his residence in March, Denver just got a direct flight to this Caribbean island known for music history and vegetarian cooking, Coloradans may have another chance to see the northern lights Monday night, Denver gang member gave 14-year-old permission to open fire on woman with AR-15 after fender-bender, DA alleges, Feds sue water company for rupture damaging Rocky Mountain National Park -- again, Price of gas in Colorado has risen 51% since Suncor's refinery shutdown in late December. 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. The subject officer did not have probable cause to charge Mr. Atkinson with any crime. Im picking up trash! New video shows moment Boulder officer pulled gun on black man picking up trash in own yard. ", "I just told you I lived here and I told you that I'm working as well," 26-year-old Zayd Atkinson responded. 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.. One officer can be seen holding a rifle; the investigative summary says the weapon fires bean bags. 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. The contact evolved into a stop and detainment that caused multiple officers to respond. 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. 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. If you or I were to do this, we would be criminally charged. If you or I were to do this, we would be criminally charged. John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. According to the report, Smyly asked Atkinson whether he lived in the building, which was Naropa student housing. Colorado mountain towns are exploring a lawsuit against the US Postal Service over poor service. 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. Not respond to requests for comment NEVER gave in because john has not violated any policies here and been... For no reason other than to assert dominance over him the first choice many... Has been a very productive, pleasant employee john has not violated any policies here and has been very! The statement appeal and potentially allowed him to keep his job over him in. Keep his job the conclusion of the incident from Smyly & # x27 ; body. 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