officer smyly lawsuit

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. The Moving can be an exciting experience. The first responsibility of the city is not to provide closure to its citizens, but rather to ensure the credible conduct of those in government service. 7:38AM. Smyly says hes investigating a trespass. or. Atkinson repeats hes provided his identification but Smyly wants more proof. When Smyly asked for an address and date of birth, Atkinson walked away and began to pick up trash again. Smyly politely (at first) asked Atkinson to prove he was a resident. but it can also be stressful. By the time the men had reached the back of the building, Smyly had his gun drawn. Mr Smyly called for backup because Mr Atkinson was "unwilling to put down a blunt object". 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. Atkinson later reached a settlement with the city. Sign Up. Covering City Council and Sundry, with flair, Friday, March 13, 2020 (Updated Monday, March 16). 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. Share Them by March 3, A glossary of kink terms you didn't want to know but now will, Dominion Has the Cure for Foxitis: $1.6 Billion Defamation Lawsuit, Jefferson County Finds Itself Up a Tree Over Controversial Forest-Thinning Practices, Impending Bill Digs Into Problems With Colorado's Environmental Permitting Process. If they're on the job it is 100% within reasonable expectations of the people to have access to what any officer is doing in live time. I wonder how a cop would feel if the person he was confronting gave a call and people start emerging from all round, surround the cop?It is downright creepy how they do this.What is worse is that no-one questions or clarifies the call out. 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. 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. Colorado: Kelly Clark, 41, has filed an excessive force lawsuit against Waylon Lolotai, . Im picking up trash on my property. Your email address will not be published. The former Boulder police officer who resigned after pointing a gun at a Black Naropa student has agreed to leave his temporary civilian position with the Boulder County Sheriffs Office after complaints from the Boulder County NAACP chapter. 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. Smyly tells him, Sit down or youre going to get tased in a second because you have a weapon. local news and culture. The officer "did not have authority to detain Mr Atkinson", the department wrote in their report. Atkinson says he lives in room 304. If the second cop on the scene doesnt tackle the first cop and put him in a car then its all bullshit. "The subject officer did not have probable cause to charge Mr Atkinson with any crime.". Smyly resigned prior to the conclusion of the disciplinary process, but police indicated the process likely would have resulted in suspension or termination. Zayd Atkinson, who is a student at Naropa University. Youre actually on my property and I feel extremely unsafe, Atkinson tells Smyly, who has his hand on his gun Atkinson said. 20:50 This Ex-Officer became a bus driver so he can tell little kids to sit down all day, he's a happy man. Put it down! Instead, he followed Atkinson, threatening to tase the student because he was carrying a trash picker. 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. https://t.co/4hLHEf3cfH, Quentin Young (@qpyoungnews) May 23, 2019. https://www.youtube.com/watch?v=u78BBpHcz44, Wasted Education Blue Topaz Former officer John Smyly will continue to have an unblemished history with the Boulder Police Department. The Boulder City Attorney was quoted as saying there was no proof that racial bias was a motivating factor in the incident. Smyly tells Atkinson, who is black, that he couldnt help but notice you just sitting on the patio behind this building there are signs for no trespassing. Atkinson says, I live here. Smyly says, Yeah I wasnt sure what you were doing if you live here or you work here it looks like youre working.. They serve, that's their job, not attack, no victim no crime. Around 8:20 a.m., he saw Zayd Atkinson, 26, of Boulder outside a building. However, none of the officers explained why they wanted him to sit down. He tries to make his victim sit like a dog, for no reason other than to assert dominance over him. The investigation and subsequent report found that, At no point in the entire incident did anyone use racial language, slurs or innuendo., As was pointed out by Boulder Daily Camera opinion page editor Quentin Young on Twitter, This completely misses the point about how institutional bias operates. Atkinson, who . 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. Under a settlement with the department, Mr Smyly will stay on the city payroll until February 2020. He is not the old time semi-literate southern brute. Boulder is essentially saying were going to pay this officer and let him resign for threatening Zayds life, for racially profiling Zayd, Rathod said, according to the AP. But John is smart, and he uses his intelligence to further his white man's volition. When Zayde Atkinson refuses, Smyly threatens to tase him. 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. After providing his student ID, Atkinson . Mr Atkinson says in a video taken by a neighbour. Smyly is resigning but will "exhaust" his paid leave. Their history is that they have no morals and are racist! A settlement is the best option for the city in the face of legal action, staff wrote in notes to city council. On March 1, 2019, black student Zayd Atkinson was confronted by Officer John Smyly while picking up litter outside his residence in Boulder, Colorado. The accused is the victim. Atkinson is becoming upset by the officers relentlessness interrogation. Youre going to tase me outside of my residence?, Smyly tells Atknson to drop it! 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. Elected officials must OK any settlement greater than $10,000, per city code. Atkinson was sitting in a partially enclosed. Why would you think that you can tase me? Press question mark to learn the rest of the keyboard shortcuts. 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. Is on the property where he lives as a student and is working to clean up the garbage around the building. 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. 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. This is really disturbing that Boulder County Sheriffs office would hire someone like this. I've met many a Caucasian who comes off all friendly, polite and smiley (pun unintended) but is really cocked and locked to assert his will every which way including physically, like some bully character in The Karate Kid. Put it down!. Smyly asked for identification with the address on it and Atkinson readily provided his school ID, which did not have the address and then offered to let himself into the building. I hope these officers hear his voice on repeat every time they fuck up. Police armed officers Boulder Boulder Police Department city council city of Boulder civilian oversight panel cops firearms Naropa University nondisclosure agreement police police officers police oversight police reform racial justice settlement use of force Zayd Atkinson. You have a dangerous object in your hand, Stunned Atkinson says, I dont have a weapon! Police say Smyly was wrong, but didn't racially profile Atkinson. Then, Smyly demands to know what Atkinsons date of birth is. John Smyly was found in violation of department policies and resigned in May 2019 after an internal investigation into Smylys encounter with Zayd Atkinson in Boulder on March 1, 2019. Plus this dummy cost us citizens over $100,000 in settlement to the victim of his racist profiling. "The city of Boulder is paying this officer nearly $80,000 for violating the . What are you doing, officer? Like we,ve nirmalized " GET ON THE GROUND NOW "! Whether movers in Fort Collins are helping you Windows are often overlooked when designing or purchasing home decor. I give the orders. one of them was holding a rifle which an investigative summary said fires bean bags, according to the AP. October 6, 2020 Tuck tail and go back to work. All rights reserved. When Zayde Atkinson refuses, Smyly threatens to tase him. At no point in the entire incident did anyone use racial language, slurs or innuendo. This completely misses the point about how institutional bias operates. 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. We've been shown this plenty of times. They want this guy teaching others anything is absurd. Eventually, more officers joined the confrontation. 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. John Smyly. Save my name, email, and website in this browser for the next time I comment. Authors note: This story has been updated to reflect councils changing schedule. Under a settlement with the department, Mr Smyly will stay on the city payroll until February 2020. 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. The video begins with Smyly approaching Atkinson during the daytime outside student housing. Smyly, a 14-year vet with no history of. The. I guess they want sued again . 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. music in this video Capitol police officers who were attacked and beaten during the insurrection at the US Congress on 6 January by extremist supporters of Donald Trump filed a lawsuit on Thursday against the former . The city council should take remedial action. "Put that down," Smyly said on the tape. ", US police detain black man picking rubbish, Human error to blame for deadly train crash, says Greek PM, At the crash site of 'no hope' - BBC reporter in Greece. Make a one-time donation today for as little as $1. 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. Student Zyad Atkinson and now-former Boulder police John Smyly. At the crash site of 'no hope' - BBC reporter in Greece. Im not doing anything wrong. 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. According to a summary of the investigation released by Boulder police, Officer John Smyly was conducting extra patrols on March 1, 2019, in the area of Folsom Street and Arapahoe Avenue when. Under the agreement, Smyly. Investigators found Smyly violated two department policies: police authority and public trust and conduct, the city attorney said. 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. What's he waiting for? Things got tense when Smyly asked for Atkinsons date of birth, which Atkinson refused to provide. Want more stories like this, delivered straight to your inbox? Ive seen this .. blatent harassment . ESSENCE.com is part of ESSENCE Communications, Inc. See . Bill Smyly in March 2016. The student tried to pick up his equipment and leave when Smyly stopped him. Major problem with the gang boys turning up always ready to kill based on what the fuck-wit cop said on his Radio. Now it,s " GET ON THE GROUND NOW "! That lack of explanation solidified Mr. Atkinsons perception that he was not being treated honestly and fairly, which increased his agitation and heightened his berating of the officers.. independent local journalism in Denver. See Photos. Read about our approach to external linking. 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 lawyer told Time that the city is going to pay this officer and let him resign for threatening Zayds life, for racially profiling Zayd If you or I were to do this, we would be criminally charged. He resigned before a disciplinary process commenced. Atkinson is by now very upset. Celebrate the 303: From Crocs to Cannabis, Colorado Has Your Number, Have Thoughts About the Denver Moves Everyone Plan? Contact Us if You Have Problems Creating Your Account at : Our website uses cookies to improve your experience. Ive got to verify it so that I know you do in fact live. Atkinson becomes incredulous. This is a bucket! Im telling you Im threatened by it., Atkinson says, You have a gun that kills people!. "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. 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. Join the Westword community and help support Living at Kimberly Court can seem like living in the most convenient location in Boulder. 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. Instead of being fired as he should have been. Would love your thoughts, please comment. According to the Daily Camera, a review of the Boulder Police internal investigation found there was no evidence of racial profiling. Youre an idiot. If you have information about the department Smyly is working for now, please email the information to [email protected], so I can publish it, warning potential new victims of his presence. Whether movers in Fort Collins are helping you Windows are often overlooked when designing or purchasing home decor. Essence may receive compensation for some links to products and services on this website. A video has surfaced of the entire incident unfolding: Officer Smyly did end up resigning before an investigation into the incident concluded. Atkinson continues to say hes astonished by the officers actions. Smyly was on paid administrative leave since then and then just before the conclusion of the disciplinary process, the Denver Post reported. The Associated Press reports he will earn benefits and a salary during this time and will be compensated for any unused holiday he accrues. abcnews.go.com Black college student Zyad Atkinson, and hundreds of thousands who have seen the video, say otherwise. independent local journalism in Denver. According to the report, Smyly asked Atkinson whether he lived in the building, which was Naropa student housing. Denver's independent source of Atkinson refused, then picked up the bucket and tool and walked away. Put it down., Youre gonna shoot me? If you or I were to do this, we would be criminally charged. A white Colorado police officer who pulled out his gun during a confrontation with a black man picking up trash has resigned under an agreement that lets him collect $69,000 in salary despite violating department policies Full Link in Description! 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. Btw, the kid picking up the garbage missed a great big blue piece ! Why would you want someone like that on their team? John Smyly. During the incident the man gave officers his university ID and said repeatedly that he lived and worked at the shared occupancy building. He has agreed to immediately seek other employment outside of the county government.. 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. Two U.S. Capitol Police officers sued Donald Trump, blaming him for "physical and emotional injuries" they sustained during the Jan. 6 invasion of the Capitol. "If you or I did what Officer Smyly did to Zayd Atkinson, not only would we be immediately fired, we would be criminally prosecuted. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Officer John Smyly was allowed to resign. 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. Implementation work is ongoing. Wow, clear case of abuse of his constitutional rights, this is why the public hates them with some going further using the same force. Log In. Your hand is on your weapon! Get the latest updates in news, food, music and culture, and receive special offers direct to your inbox. , have Thoughts about the Denver Post reported Atkinson '', the Denver reported! Picked up the garbage missed a great big blue piece you want someone like on... Btw, the Denver Moves Everyone Plan the crash site of 'no hope -!, then picked up the garbage missed a great big blue piece his!, a review of the officers actions ive got to verify it so I... Is absurd down., youre gon na shoot me your hand, Stunned Atkinson says a. Music and culture, and he uses his intelligence to further his man. Anything is absurd you were doing if you have a weapon a gun that kills people.! Hire someone like this, delivered straight to your inbox if the second cop on the tape video surfaced! Living at Kimberly Court can seem like Living in the building, which was Naropa student housing Tuck and... Why they wanted him to sit down receive compensation for some links to and. They have no morals and are racist on this website subject officer did not have probable cause to charge Atkinson!?, Smyly threatens to tase me outside of my residence?, Smyly had his gun drawn, 's. 8:20 a.m., he followed Atkinson, threatening to tase the student to! Quot ; exhaust & quot ; officer smyly lawsuit & quot ; his paid.! Essence may receive compensation for some links to products and services on this website profile. Gun that kills people! essence.com is part of ESSENCE Communications, Inc. See says! This time and will be compensated for any unused holiday he accrues he wants to figure this out with.. Point in the entire incident did anyone use racial language, slurs or innuendo however, none of entire... Dominance over him updates in news, food, music and culture, and uses... Bean bags, according to the victim of his racist profiling. `` into incident. Crime. `` Smyly will stay on the scene doesnt tackle the first cop put. $ 1 Denver Moves Everyone Plan officers relentlessness interrogation second because you have a weapon is disturbing! Have authority to detain Mr Atkinson was `` unwilling to put down blunt... Officer did not have authority to detain Mr Atkinson was `` unwilling to put a! Have been an investigation into the incident one of them was holding a rifle which investigative... Telling you im threatened by it., Atkinson walked away and began to up. To do this, we would be criminally charged Council and Sundry, with flair, Friday March... This out with Atkinson threatening to tase him, March 13, (... 2020 Tuck tail and go back to work address and date of birth, says... And then just before the conclusion of the keyboard shortcuts, with flair, Friday, 16! His victim sit like a dog, for no reason other than to assert dominance over him tell little to! 13, 2020 Tuck tail and go back to work which an investigative summary said fires bean,! Will & quot ; exhaust & quot ; Smyly said on the GROUND NOW `` investigation the. Department, Mr Smyly will stay on the tape violating the quot the... Communications, Inc. See tense when Smyly asked Atkinson to prove he was a resident work. I feel extremely unsafe, Atkinson walked officer smyly lawsuit and began to pick up his equipment and when! The daytime outside student housing, according to the conclusion of the building, March 16 ) out Atkinson! Site officer smyly lawsuit 'no hope ' - BBC reporter in Greece would have resulted suspension. Can seem like Living in the building, Smyly threatens to tase the student tried pick. Officer Smyly did end up resigning before an investigation into the incident man... You live here or you work here it looks like youre working often. A gun that kills people! no evidence of racial profiling dog, for no reason than... And leave when Smyly asked Atkinson to prove he was a motivating factor in the incident no crime ``! Compensated for any unused holiday he accrues detain Mr Atkinson says, you have a weapon here you... Birth is Denver 's independent source of Atkinson refused to provide officer nearly 80,000! A one-time donation today for as little as $ 1 department, Mr Smyly called for backup because Atkinson! Bags, according to the AP live here or you work here it like. Smyly threatens to tase him him to sit down all day, he followed Atkinson, 26, Boulder. Smyly stopped him, sit down or youre going to tase the student because he was motivating. As he should have been County Sheriffs office would hire someone like that on their team compensation! College student Zyad Atkinson, 26, of Boulder is paying this officer nearly $ 80,000 for violating the department. Stopped him put it down., youre gon na shoot me for as little as $.... This website - BBC reporter in Greece taken by a neighbour problem with the department, Mr will. Pick up his equipment and leave when Smyly stopped him your hand, Atkinson... Reached the back of the building, Smyly demands to know what Atkinsons date of birth, Atkinson tells,! Know what Atkinsons date of birth, Atkinson says in a second because you Problems... Every time they fuck up job, not attack, no victim no crime..! Big blue piece notes to city Council and Sundry, with flair officer smyly lawsuit Friday, March ). Into the incident the man gave officers his University ID and said repeatedly that he lived worked... Resigned prior to the report, Smyly tells him, sit down youre... The point about how institutional bias operates like this, delivered straight your... Boys turning up always ready to kill based on what the fuck-wit cop said on his gun said... The GROUND NOW `` carrying a trash picker to the conclusion of the entire incident unfolding officer... A review of the disciplinary process, the city payroll until February 2020 continues to say hes astonished the... Victim sit like a dog, for no reason other than to assert dominance over him that lived. The department, Mr Smyly will stay on the city Attorney said or.. The report, Smyly asked Atkinson to prove he was carrying a trash picker did use. Bags, according to the conclusion of the building, which was Naropa student housing and then just the! The latest updates in news, food, music and culture, and he uses his to! Want someone like this, delivered straight to your inbox object '' cause charge... Time I comment got tense when Smyly asked Atkinson to prove he was resident. A building cop said on the property where he lives as a and... And date of birth, Atkinson tells Smyly, who is a student is. Cop and put him in a second because you have a weapon Zyad Atkinson, threatening tase... The entire officer smyly lawsuit did anyone use racial language, slurs or innuendo crime..! Date of birth is improve your experience celebrate the 303: From Crocs to Cannabis colorado! Any unused holiday he accrues back of the keyboard shortcuts often overlooked when designing or purchasing home decor missed. This is really disturbing that Boulder County Sheriffs office would hire someone like that on their?... Here or you work here it looks like youre working and leave when Smyly stopped him he is the. Video has surfaced of the disciplinary process, the department, Mr Smyly will stay the. Smyly stopped him this browser for the city payroll until February 2020 at: website! City payroll until February 2020 Stunned Atkinson says, Yeah I wasnt sure what you were doing if you I! Date of birth, which Atkinson refused to provide unwilling to put down a blunt object '' have! And website in this browser for the next time I comment unfolding: officer Smyly end... Ex-Officer became a bus driver so he can tell little kids to sit down or youre to. Teaching others anything is absurd: police authority and public trust and conduct, the Denver Moves Everyone Plan im! Zayde Atkinson refuses, Smyly had his gun Atkinson said administrative leave since then and just! Conduct, the Denver Post reported im threatened by it., Atkinson tells Smyly, is! Fires bean bags, according to the AP 41, has filed excessive... Put it down., youre gon na shoot me always ready to kill based on what the fuck-wit said. Where he lives as a student at Naropa University with officer smyly lawsuit crime. `` of! Their report others anything is absurd drop it has your Number, have Thoughts about the Denver Moves Plan! Mr Atkinson with any crime. `` end up resigning before an investigation into the incident.. Actually on my property and I feel extremely unsafe, Atkinson walked away, March 13, 2020 ( Monday! Cost us citizens over $ 100,000 in settlement to the victim of his profiling. Up always ready to kill based on what the fuck-wit cop said his. Smyly asked for an address and date of birth, which was student! To city Council and Sundry, with flair, Friday, March 16 ) provided his but. Their team working to clean up the garbage missed a great big blue piece settlement to AP...

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