One officer can be seen holding a rifle; the investigative summary says the weapon fires bean bags. 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. 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Boulder Valley School District. Put that down, Smyly said on the tape. John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. Officer John Smyly (Photo: Boulder Police Department) City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinsons race. 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. 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. Atkinson later reached a settlement with the city. We would immediately lose our jobs.. Newly-released. Im picking up trash, and youre holding a gun!. 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 Kentucky man charged in the deaths of three law enforcement officers during an ambush in a small Appalachian town has been found dead in his jail cell. Atkinson provided his school ID, which did not have an address and then offered to let himself into the building as proof. Stop!. City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. 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. Smyly was allowed to resign, and is likely working for another department at this time. 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. Smyly told dispatchers Atkinson was failing to comply and had a blunt metal object, which resulted in eight officers and a sergeant responding to the scene. Sheriff Pelle might be surprised if he were to poll his Black employees the limited number he has to hear their position on Smyly being hired after Smylys racist incident as an officer, Darren OConnor wrote in an email on behalf of the local NAACP chapter. Read more here. The report concluded Smyly violated department policy during the encounter with Atkinson. 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. 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. 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. 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. 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. Your hand is on your weapon and youre gonna shoot me, Atkinson shouted. Our newsletters bring you a closer look at the stories that affect you and the music that inspires you. New video shows moment Boulder officer pulled gun on black man picking up trash in own yard. 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. Ultimately, I approved the hire. If you or I did what Officer Smyly did to Zayd Atkinson, not only would we be immediately fired, we would be criminally prosecuted, Rathod said. Chicago Tribune editors' top story picks, delivered to your inbox each afternoon. Wagner said the office did not have any comment about Smylys history with Boulder police because the job isnt as an officer/deputy or in any way related to police officer/law enforcement duties., 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.. One officer can be seen holding a rifle; the investigative summary says the weapon fires bean bags. He has agreed to immediately seek other employment outside of the county government.. New video shows moment Boulder officer pulled gun on black man picking up trash in own yard. Atkinson repeatedly said he had not done anything wrong. TribLIVE's Daily and Weekly email newsletters deliver the news you want and information you need, right to your inbox. ", 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. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. "I will not sit down, I refuse to sit down, until you guys put your (expletive) weapons away," Atkinson said. 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. John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. 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 Naropa University student who was . Smyly told the department he could not tell what race Atkinson was when he first saw him. According to the Boulder County Sheriffs Office, Smyly was hired in January on a two-year term position as a civilian training and development coordinator in the sheriffs computer support unit. 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.. The independent review, conducted by former U.S. Attorney for the District of Colorado, Bob Troyer, will soon be released by the city. Whats next after moving on from Patrick Kane? 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. Stop!. He has agreed to immediately seek other employment outside of the county government. As part of a settlement with the city, Smyly remained under city employment until February as he exhausted accrued holiday, sick and administrative leave. The officer, John Smyly, resigned with a severance package, as the City Council and community members were troubled by the incident. The officer in Boulder left under an agreement that lets him collect salary despite violating department policies. John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. 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. 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. ABC7 New York 24/7 Eyewitness News . Venus, the moon, Mars, and Jupiter are all visible in the eastern sky above Lake Michigan before sunrise June 23, 2022, in Chicago. Newly-released . Now that the two candidates have been determined . 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. He did not mention the incident in his resignation letter. 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. The officer then called for back-up, leading to eight officers surrounding the college student. 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. You can read the full agreement below. 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