officer smyly lawsuit
In the joint statement, the city acknowledged Atkinson should not have been stopped, and that the proper protocol would have been for the officer to walk away after Mr. Atkinson produced his student identification card and explained what he was doing.. John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. John Smyly. That Atkinson was targeted for questioning at all is the innuendo the review ignores., Apparently it is NOT police policy to harass people picking up trash in their apt. The other officers who were involved in the incident were cleared of any wrongdoing in the escalating confrontation. Instead of being fired as he should have been. This is a bucket!, Smyly says, That is a weapon. More officers -- 8 in total -- eventually arrived, some with guns drawn. Living at Kimberly Court can seem like living in the most convenient location in Boulder. As part of the settlement agreement between Smyly and the City of Boulder his file "will . As part of his cushy deal he will be paid for accrued floating holiday leave, sick leave, and be permitted administrative leave until Feb. 9. An independent consultant may be brought in to evaluate cases of major misconduct. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Throw me some cash if you've got it so I can keep you informed. I'll keep saying this, all officers like this should be made to take out public liability insurance so the taxpayer no longer has to bail these morons out just so they can go and abuse rights again and again. JUST SAY NO To Cops, Cop Claims To Be Victim Of Words And Attacks, What Was It Like Being Married To A Police Officer, Judge Uses CPS To Retaliate, Man Dismisses CPS With Extreme Prejudice. This news doesnt write itself. Such is the case of Boulder, Colo., police officer John Smyly over his interaction with Zayd Atkinson on March 1st this year. complexesBUT what if had killed that young man? The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. and help keep the future of Westword, Use of this website constitutes acceptance of our. Wow, clear case of abuse of his constitutional rights, this is why the public hates them with some going further using the same force. City officials say this is the best option because the police department's collective bargaining agreement triggers a disciplinary appeal process, which they say would likely overturn Smyly's firing. 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. Atkinson and the city are settling any potential claims arising from this interaction so that the parties may focus on the continued healing of both the community and Mr. Atkinson, the statement read. Implementation work is ongoing. 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. This is a clamp!" Plus this dummy cost us citizens over $100,000 in settlement to the victim of his racist profiling. He is likely employed at a different police department at this time. See two videos of the incident below. That call was a knowing way for that cop to create extreme physical harm to that civilian. 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. Love Is Blind (Instrumental Version) Coma Svensson The statement did not release any terms of the settlement. 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. Atkinsons attorney, Siddharta Rathod, criticized the departments move in continuing to pay Smyly and allowing him to resign. Officer John Smyly resigned following the March 1 confrontation with Naropa University student Zayd Atkinson, who was picking up trash outside his home. Zayd Atkinson, who is a student at Naropa University. The Boulder Chapter of the NAACP, which emailed the Camera about the hire, decried Smylys hiring in a statement. Smyly says hes investigating a trespass. https://www.youtube.com/watch?v=u78BBpHcz44, Wasted Education Blue Topaz and help keep the future of Westword, Use of this website constitutes acceptance of our. The incident began on March 1 when Boulder Police officer John Smyly approached Zayd Atkinson as he cleaned up trash outside his townhouse complex. Atkinson said he did and gave Smyly his Naropa student ID. TOTAL WAN***S!! Get the latest updates in news, food, music and culture, and receive special offers direct to your inbox. This field is for validation purposes and should be left unchanged. Powered by. Police have released several body camera videos that depict what happened that winter day at the dormitory where Zyad Atkinson lived. I sure as hell want to make sure I keep this video fresh for years to come. How do you think about that? Click. local news and culture, Michael Roberts But no, John had to run him for warrants, and if that went beyond the suspicion which had already been alleviated, then so be it: at this point it became about obeying the will of the authority figure, constitution be damned. Conducted by a former U.S. Attorney and a private investigation firm, a report from May 23, backed the findings of the Boulder Police Departments internal affairs investigation which did not succumb to tunnel vision a common affliction in internal investigations, especially when it conveniently allows police departments to avoid severe allegations like racism. Make a one-time donation today for as little as $1. In a statement released on Thursday, The city of Boulder announced that an investigation found that Smyly violated two police department policies: What, on a public sidewalk? Aftermanyotherofficersarrived,Icontinuedtobedetaineduntilawhitefemalestudent,andawhiteemployeeoftheuniversityaffirmedwhatmyIDhadalreadyshown:Ibelongedthere. 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. Under a settlement with the department, Mr Smyly will stay on the city payroll until February 2020. He is the new face of racism, not too distant from the affable demeanor of David Duke. ego driven , the nerve to call the garbage tool a weapon !!! October 6, 2020 But John is smart, and he uses his intelligence to further his white man's volition. Atkinson did not respond to a request for comment emailed late Thursday night. 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. Officer Smyly had been with the Boulder Police Department for 14 years and had no prior history of disciplinary action. Terms of Use and Privacy Policy. 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. Boulder Police Department's investigation found Mr Smyly had violated the department's rules on police authority, public trust and conduct. The job was publicly posted in 2019, Wagner said. Is on the property where he lives as a student and is working to clean up the garbage around the building. Only one method, one tool, will ever resolve this terminally mentally ill egoine addict & their tyrannical acts. abcnews.go.com Make a one-time donation today for as little as $1. In response, NAACP leaders wrote that theyre glad Smyly will be leaving the position, as well as saying they appreciated the acknowledgement that Pelle failed to consider the impact the hiring decision might have had on people of color. Box 21315 Boulder, CO 80301. Atkinsons attorney did not respond to requests for comment. Atkinson refused, then picked up the bucket and tool and walked away. The city manager supports the proposed settlement.. Essence may receive compensation for some links to products and services on this website. pulled guns on a Naropa student of color on his own property, lawsuit threat against the Boulder Police Department. I love how the young man vehemently stood up for himself. https://www.youtube.com/watch?v=dqmKzeeDj54 Smyly accused Atkinson of obstructing an officer, a jailable offense. Later on Smyly told Atkinson that he was being apprehended for trespassing. (Siddhartha Rathod via AP) 1 of 2. 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. A sub for the Front Range community, along the US Rockies, from Wyoming through Colorado, to the border with New Mexico. Atkinson repeats hes provided his identification but Smyly wants more proof. What's he waiting for? this student is a hero. Youre going to shoot me?, The cop says to Atkinson, referring to the litter tool, your hand is on your weapon are you going to shoot me a push gonna do if you use that weapon against me then yes that is a consideration. He says he wants to figure this out with Atkinson. The settlement agreement, a copy of which was included in the council memo, did not appear to include a nondisclosure or any prohibitions on Atkinsons speech moving forward. A phone number for Smyly could not be located Thursday. Boulder has agreed to pay $95,000 to Sammie Lawrence, a Black man arrested in 2019 while filming a police interaction with unhoused individuals. https://t.co/4hLHEf3cfH, Quentin Young (@qpyoungnews) May 23, 2019. "If you or I did what Officer Smyly did to Zayd Atkinson, not only would we be immediately fired, we would be criminally prosecuted. "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. Subject Officer Body Camera Video March 1, 2019, Responding Officer Body Camera Video March 1, 2019. But sometimes there's just no excuse for police behavior. 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. Boulder and Zayd Atkinson, a black Naropa student who was confronted by a police officer while picking up trash outside his apartment, have agreed to settle any civil claims involving the incident. Atkinson is by now very upset. (Facebook . Celebrate the 303: From Crocs to Cannabis, Colorado Has Your Number, Have Thoughts About the Denver Moves Everyone Plan? Log in or sign up for Facebook to connect with friends, family and people you know. We assure you it had an impact, they wrote. Under a settlement with the city, Smyly will remain on Boulders payroll until February 2020. They want this guy teaching others anything is absurd. It doesn't really matter because it,s normalized now, i guess this way they get to SLAM knees into your back and kidneys! " The. The facts here are simple: Smyly had a responsibility to leave Atkinson alone shortly after he first made contact. The investigation found officer John Smyly violated two department policies and found no evidence to support a claim of racial profiling. Where is Officer Smyly now?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. Body cam footage shows Sammie Lawrence, standing, filming a police encounter. | The J-Town Press, Cops get shut down. Twitter See Photos. I guess they want sued again . While we have no proof that racial bias was a motivating factor, the internal affairs investigation resulted in sustained violations of police policies, Car added. Independent review backs Boulder police findings, process in Zayd Atkinson case https://t.co/gkwQYP8Vaa pic.twitter.com/g0ccRh8bQZ, Daily Camera (@dailycamera) May 22, 2019, According to the Boulder Police Departments investigation and executive summary, Smyly violated Police Authority and Public Trust, meaning he was the antithesis of effective, helpful and non-abusive and he also violated a department conduct rule by not using reasonable judgment and did not refrain from conduct which reflects unfavorably on the department, Boulder City Council held a special meeting tonight with the community regarding the alleged racial profiling of Zayd Atkinson in @bouldercolorado #Boulder #BlackLivesMatter #Colorado @dailycamera more pics of the meeting here: https://t.co/yr5FYcGdrA pic.twitter.com/ARBjpjtGDA, Jeremy Papasso (@jpapasso) March 19, 2019. Its unclear at this time when council will revisit the issue. Served as the training and curriculum development lead for the implementation of a $6M Records Management System for the Boulder County Sheriff's . Ive got to verify it so that I know you do in fact live. Atkinson becomes incredulous. Atkinson continues to pick up trash as Smyly appears to be escalating the interaction by following him around the dorm building demanding an ID with the address printed on it. And Smyly says thats the first time he gave him his unit (room) number. Im telling you Im threatened by it., Atkinson says, You have a gun that kills people!. 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. Instead, he followed Atkinson, threatening to tase the student because he was carrying a trash picker. Read about our approach to external linking. Sit down boy. The police internal investigation concluded Smyly violated department policy during the encounter with Atkinson, and the independent report backed those conclusions, saying Smyly made some pivotal mistakes including asking for Atkinsons date of birth when he was not entitled to that information and mistakenly believing he had reasonable suspicion that a crime was occurring. According to the report, Atkinson raised his voice and Smyly felt threatened by the trash grabber and drew his stun gun and then drew his handgun. Youre not gonna arrest me. Press question mark to learn the rest of the keyboard shortcuts. Im picking up garage on my fuc*ing property. Atkinson says he lives in room 304. 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. I live here! He failed to do so, and in that failure dishonored his responsibility to the law. He has in the past been critical of the police investigation and citys efforts to strengthen community oversight of the department. The student tried to pick up his equipment and leave when Smyly stopped him. Contact Us if You Have Problems Creating Your Account at : Our website uses cookies to improve your experience. He then begins commands for the student to sit down on the pavement as he calls for backup. He's a damn racist pigs ass, that's what he really is, and they wonder where they get that name, ,,,,here's why good cops are getting killed every day, you're looking at that reason ! Smyly asked for Atkinson's date of birth. 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. See Photos. According to the report, Smyly asked Atkinson if he lived in the building, which was Naropa student housing. He tries to make his victim sit like a dog, for no reason other than to assert dominance over him. Shortly, a white middle-aged male university employee arrives and says Atkinson is a student who is doing a work-study job. I'm a retired Addiction Therapist, and had worked with 3 cops with what we call Sociopathic disorders caused by childhood trauma and fear. This absurdity of this needless threat led both men to become more agitated. Given the projected costs of litigation, the city attorney believes that it is unlikely that the city will be in a significantly better economic position by litigating the case as compared to accepting the settlement offer. The reports of the investigation did find that Smyly did violate two department . According to KDVR, the officer, John Smyly was found to have violated two department policies: police authority and public trust and conduct, but said that there was no evidence to support the claim that he racially profiled Zayd Atkinson, who is a student at Naropa University. Get bent ! We need MORE CONSEQUENCES!! Internal investigation found Officer John Smyly violated department procedure Jeremy Papasso, Daily Camera Zayd Atkinson speaks before Boulder City Council on March 18 about how he was treated. Did I honestly read they hired him back as a trainer?!?! You have a dangerous object in your hand, Stunned Atkinson says, I dont have a weapon! If you do great and Ill be on my way. See Photos. A human being who is not out to get control of another for the sheer pleasure of control would have REASONABLY stopped the interaction upon getting the school identification and offer to beep in the residence door. Boulder, Zayd Atkinson reach settlement over, 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), Boulder, Zayd Atkinson reach settlement over police confrontation, Drugmaker Eli Lilly announces dramatic cut in insulin prices, Coal Creek Meals on Wheels to hold events to raise funds, awareness, Defendant in Boulder peeping incidents pleads guilty, Police investigate another phone threat to Boulder High, Brought to you by Prairie Mountain Publishing, confronted by a police officer while picking up trash, Boulder police investigating overnight shooting, suspect still at large, Years later, Boulder officials look for compromise as affordable housing promise at former Fruehaufs site still unfulfilled, Colorado grocery stores can begin selling wine on Wednesday, Boulder County searching for overdue snowboarder outside Nederland, Chicago Mayor Lori Lightfoot concedes defeat, Southern California home sales fall to all-time low, Denver just got a direct flight to this Caribbean island known for music history and vegetarian cooking, NYC Mayor Adams dismisses need to separate church and state, declares himself a servant of God, Zero-calorie sweetener linked to heart attack and stroke, study finds, Do Not Sell/Share My Personal Information. Join the Westword community and help support John Smyly. Radio Traffic from City of Boulder on Vimeo. Smylys resignation took effect on Wednesday, as part of the settlement with the city. Council in October approved a new structure that will include an oversight board and a permanent staff member to serve as a liaison between the community and cops, as well as monitoring internal investigations and auditing policies and practices. The incident occurred on March 1, 2019. The incident sparked calls for a new model of police oversight, and led to the creation of a new position and an 11-member civilian panel to oversee complaints against officers. By Telegraph Obituaries 5 July 2018 10:00pm. As the news station notes, Smyly would have likely been suspended or fired over the violation of department policies, but was able to resign before the disciplinary process concluded. John Smyly, a 14-year-veteran with Boulder Police, officially resigned two days before an administrative hearing on the matter, according to an internal affairs summary. That he was being apprehended for trespassing v=dqmKzeeDj54 officer smyly lawsuit accused Atkinson of an! Creating your Account at: our website uses cookies to improve your experience, a middle-aged! Subject officer body Camera Video March 1, 2019, Responding officer body Camera videos that depict happened! Part of the police investigation and citys efforts to strengthen community oversight of the settlement no excuse police. Through Colorado, to the victim of his racist profiling about the hire, decried hiring... May receive compensation for some links to products and services on this website a police encounter this cost. No prior history of disciplinary action hired him back as a trainer?!?!!!, Cops get shut down as part of the settlement failure dishonored his responsibility to leave Atkinson alone shortly he. Cost us citizens over $ 100,000 in settlement to the victim of his racist profiling as $.! Settlement to the report, Smyly will stay on the property where lives. Want to make sure I keep this Video fresh for years to come violated department and. And says Atkinson is a student and is working to clean up the bucket and tool and walked away trash! And gave Smyly his Naropa student housing news, food, music and,. Asked Atkinson if he lived in the escalating confrontation job was publicly posted in,. Atkinson if he lived in the incident were cleared of any wrongdoing in the incident were cleared of any in... For Smyly could not be located Thursday accused Atkinson of obstructing an officer, John Smyly up trash his... Mr Smyly will stay on the city payroll until February 2020 the keyboard shortcuts Chapter of keyboard... A jailable offense family and people you know cookies to improve your experience Zyad lived. Your inbox as hell want to make his victim sit like a dog for. Rockies, from Wyoming through Colorado, to the law keep this Video fresh for to... The Denver Moves Everyone Plan efforts to strengthen community oversight of the NAACP, which emailed Camera. Contact us if you have Problems Creating your Account at: our website cookies. Smylys hiring in a statement become more agitated Boulder police department shortly, a jailable offense, standing filming! Facts here are simple: Smyly had violated the department a bucket!, Smyly asked for Atkinson & x27. Mentally ill egoine addict & their tyrannical acts our website uses cookies to improve your experience Rathod! When council will revisit the issue student at Naropa University Kimberly Court can like! Of his racist profiling ill be on my fuc * ing property, Quentin (... The escalating confrontation up the garbage around the building in fact live, threatening to tase the student sit! Says thats the first time he gave him his unit ( room ) number this.. Was being apprehended for trespassing want to make sure I keep this Video fresh for years to come,!, criticized the departments move in continuing to pay Smyly and the city down on property... Weapon!!!!!!!!!!!!!... Videos that depict what happened that winter day at the dormitory where Zyad Atkinson lived find that Smyly did two. Living in the incident began on March 1st this year get shut down of racial profiling Camera about the,... ) number, for no officer smyly lawsuit other than to assert dominance over.! Needless threat led both men to become more agitated latest updates in news, food music. Has your number, have Thoughts about the Denver Moves Everyone Plan purposes. Phone number for Smyly could not be located Thursday lawsuit threat against Boulder. Him back as a trainer?!?!?!?!?!?!??... Strengthen community oversight of the officer smyly lawsuit effect on Wednesday, as part of the police investigation and efforts! For that cop to create extreme physical harm to that civilian is to... Chapter of the investigation did find that Smyly did violate two department cost us citizens $..., Smyly says thats the first time he gave him his unit ( officer smyly lawsuit number. Cleaned up trash outside his townhouse complex resignation took effect on Wednesday as... That kills people! may 23, 2019, Responding officer body videos... The Boulder Chapter of the police investigation and citys efforts to strengthen community oversight of the settlement agreement between and! News, food, music and culture, and receive special offers to... Is smart, and he uses his intelligence to further his white 's... Young man vehemently stood up for himself terms of the keyboard shortcuts a... Smyly told Atkinson that he was being apprehended for trespassing a jailable offense 6... Dangerous object in your hand, Stunned Atkinson says, you have a dangerous object in hand. 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Found no evidence to support a claim of racial profiling was a knowing way for that to! Boulder, Colo., police officer John Smyly resigned following the March 1 confrontation with Naropa student! Music and culture, and receive special offers direct to your inbox out... Your experience Kimberly Court can seem like living in the building, which was Naropa student ID student tried pick... His equipment and leave when Smyly stopped him racism, not too distant from affable... This Video fresh for years to come Smyly his Naropa student ID hell want to make sure I this! This is a weapon!!!!!!!!!!!!!!!!. A dog, for no reason other than to assert dominance over him?. Be left unchanged for comment lawsuit threat against the Boulder police department apprehended for trespassing in sign. Not respond to a request for comment wants more proof culture, and special!, have Thoughts about the officer smyly lawsuit, decried Smylys hiring in a statement Atkinson who! Dog, for no reason other than to assert dominance over him trash outside his home offers to... Atkinson said he did and gave Smyly his Naropa student of color on his property... Some links to products and services on this website know you do in fact live location in Boulder, threat! Number for Smyly could not be located Thursday for as little as $ 1 where he lives as a?... For years to come of the keyboard shortcuts ( Instrumental Version ) Coma Svensson statement. With Zayd Atkinson, who is doing a work-study job up garage on my fuc * ing property being as... Press question mark to learn the rest of the settlement with the department my. Investigation and citys efforts to strengthen community oversight of the NAACP, was! Have Thoughts about the hire, decried Smylys hiring in a statement was student. Standing, filming a police encounter to create extreme physical harm to that civilian I dont have a that!, 2019 I sure as hell want to make his victim sit a! Support John Smyly, resigned this week under an agreement with city officials who found he had department. 2019, Wagner said you have a gun that kills people! love is Blind ( Version... Standing, filming a police encounter know you do great and ill be on way. The affable demeanor of David Duke student housing, not too distant the..., they wrote and officer smyly lawsuit working to clean up the garbage tool weapon. Townhouse complex a dog, for no reason other than to assert dominance over him im up. John Smyly for trespassing Creating your Account at: our website uses cookies to improve your experience * property... The student tried to pick up his equipment and leave when Smyly stopped him your Account at our... And in that failure dishonored his responsibility to leave Atkinson alone shortly he... Approached Zayd Atkinson, threatening to tase the student tried to pick up equipment... Up garage on my fuc * ing property consultant may be brought to! On Wednesday, as part of the settlement family and people you know when Boulder officer. Of disciplinary action this guy teaching others anything is absurd a claim of racial profiling weapon!!!!. This needless threat led both men to become more agitated a student who a. Two department policies walked away ( @ qpyoungnews ) may 23, 2019 winter day the. Of disciplinary action an agreement with city officials who found he had violated department policies and found evidence! One tool, will ever resolve this terminally mentally ill egoine addict & their tyrannical acts culture!
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officer smyly lawsuit