officer smyly lawsuit

Police have released several body camera videos that depict what happened that winter day at the dormitory where Zyad Atkinson lived. Shay Castle, [email protected], @shayshinecastle. City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinson's race. 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. A screen capture of Officer Waylon Lolotai shoving Kelly Clark. to sign up for a weekly newsletter from Boulder Beat. By Telegraph Obituaries 5 July 2018 10:00pm. John didn't believe for a second the 'blunt object' put him in danger. John Smyly. Spoiler: A just-released report backed up an internal affairs police investigation that found there was no racial profiling involved in this incident. He has agreed to immediately seek other employment outside of the county government.. Make a one-time donation today for as little as $1. I love how the young man vehemently stood up for himself. or. The student's lawyer, Siddhartha Rathod, told local newspaper the Denver Post that he was disappointed Mr Smyly had not been fired and would still be paid. However, a disciplinary appeal process required by the police collective bargaining agreement likely would have overturned a termination of the officer, and he would have returned to duty after extensive additional delay. See Photos. Black college student Zyad Atkinson, and hundreds of thousands who have seen the video, say otherwise. City council is set to approve the payout during a special Monday night meeting, the only non-coronavirus item on the agenda. Im just checking to make sure that you have a right to be here, Smyly says. The settlement allowed the city to provide the community information more quickly, and it transitioned Officer Smyly out of a law enforcement career.. Investigators found Smyly violated two department policies: police authority and public trust and conduct, the city attorney said. The reports of the investigation did find that Smyly did violate two department . 2023 ESSENCE Communications Inc. All Rights Reserved. When Smyly asked for an address and date of birth, Atkinson walked away and began to pick up trash again. A Boulder police officer and onetime college football player being sued by a woman he shoved to the ground without any apparent provocation had previously resigned from the Denver Sheriff's Department while facing possible discipline for an alleged excessive-force incident. Zayd Atkinson, a. However, they are crucial to any rooms look and feel. 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Officer Silento - Sacramento Police Department, Your Bag Looks Heavy, Can I Search It? Atkinson said he did and gave Smyly his Naropa student ID. 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 The statement did not release any terms of the settlement. Smyly resigned prior to the conclusion of the disciplinary process, but police indicated the process likely would have resulted in suspension or termination. 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. The city of Boulder said in a statement Thursday that officer John Smyly violated multiple department policies when he confronted Zayd Atkinson, 26, in March. John Smyly lost his police job. Put it down! Log In. Colorado: Kelly Clark, 41, has filed an excessive force lawsuit against Waylon Lolotai, . In a statement released on Thursday, The city of Boulder announced that an investigation found that Smyly violated two police department policies: I guess they want sued again . complexesBUT what if had killed that young man? 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. 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. An outside investigation confirmed the departments finding that the stop was not racially motivated, though many Boulder residents were not convinced by the reports. On March 1, 2019, back when few mainstream politicians used the term "systemic racism" while discussing law enforcement aimed at people of color, Boulder Police officer John Smyly starred in a viral video that captured his over-the-top harassment of Zayd Atkinson, a, Become a member to support the independent voice of Denver Im not doing anything illegal and youre not gonna fuc*ing tase me, sir? Later in the video, that employee can be heard telling Atkinson that he had indeed been racially profiled but suggests they deal with that later and for the time being, de-escalate the situation themselves. These are the civilized racists, the refined racists who smooth talk you into submission, but who still have their finger on the trigger, as John did for countless minutes, because they are smart enough to know that the law without violence is not really the Law. James Freeman does first amendment audits, cop watching, cop blocking, and more. 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. https://t.co/4hLHEf3cfH, Quentin Young (@qpyoungnews) May 23, 2019. He will, however, remain an employee through February . We've been shown this plenty of times. Such is the case of Boulder, Colo., police officer John Smyly over his interaction with Zayd Atkinson on March 1st this year. According to the report, Smyly asked Atkinson whether he lived in the building, which was Naropa student housing. See Photos. Police body camera footage of the tense encounter was released on Thursday and showed Smyly approaching Atkinson asking if he lived or worked in the building where the student was using a metal clamp to pick up trash and put it in a bucket. Police told the paper the process would have likely resulted in suspension or termination. The deal being hed remain under city employment until February 2020 as he exhausts accrued holiday, sick and administrative leave. That has been reported to be in the neighborhood of $70,000. 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. Officer John Smyly confronted student Zayd Atkinson when he was picking up rubbish by his building. Log in or sign up for Facebook to connect with friends, family and people you know. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. All of those cops should spend 20 years in jail. 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. They serve, that's their job, not attack, no victim no crime. 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. Boulder residents have been betrayed. Anything else is just bullshit. Smyly had pulled both his taser and his service weapon on Atkinson, reports confirm. I go to school here. Sign Up. Boulder City Attorney Tom Carr and Atkinsons attorneys at Rathod Mohamedbhai LLC issued a joint statement on Thursday. John Smyly was going to get his suspect's date of birth because it was his prerogative that it be so, even after his own supervisor was satisfied that he was not trespassing in his own dorm. Im picking up trash! "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. Atkinson then walked away from the officer, who had no right to detain him based on the evidence he had gained at that point. Atkinson repeats her lives in the dorm and is working, but Smyly persists. 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 . 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 ! Cops don't know shit. Get bent ! 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. 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. !https://t.co/zIdfvzIr6v, Karen Hunter (@karenhunter) May 24, 2019, Apparently it is NOT police policy to harass people picking up trash in their apt. October 6, 2020 Hawara: 'What happened was horrific and barbaric'. Atkinson is by now very upset. See . Mr. Atkinson received a settlement of $125,000. Required fields are marked *. Covering City Council and Sundry, with flair, Friday, March 13, 2020 (Updated Monday, March 16). 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. Smylys resignation took effect on Wednesday, as part of the settlement with the city. Student Zyad Atkinson and now-former Boulder police John Smyly. Do as you are told. Join the Westword community and help support John Smyly. The city's 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 . Why would you want someone like that on their team? Smyly politely (at first) asked Atkinson to prove he was a resident. Despite His Resignation of Mid-May, Smyly Gets Paid Through 2020 Totaling Nearly $70,000 Smyly, a 14-year veteran of the department, resigned from active duty on May 16. 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. Zayd Atkinson could have lost his life. Or mail cash/check/precious gemstones toP.O. Thats a gun! Did I honestly read they hired him back as a trainer?!?! This news doesnt write itself. You missed a comment about the piece of sh*t who went and grabbed the can and picker, acting as if his weak ass is really afraid of the picker. 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. 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. 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. Make a one-time donation today for as little as $1. But he misses the point. John Smyly. one of them was holding a rifle which an investigative summary said fires bean bags, according to the AP. Denver's independent source of A video has surfaced of the entire incident unfolding: Officer Smyly did end up resigning before an investigation into the incident concluded. 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. Good on him. Under a settlement. On March 1, 2019, black student Zayd Atkinson was confronted by Officer John Smyly while picking up litter outside his residence in Boulder, Colorado. Would love your thoughts, please comment. However, none of the officers explained why they wanted him to sit down. A phone number for Smyly could not be located Thursday. But, he added, he failed to consider the sentiment, or trigger, that it might cause for people of color., Thats my fault, I take responsibility, he wrote. 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. Zayd Atkinson, who is a student at Naropa University. Officer John Smyly resigned following the March 1 confrontation with Naropa University student Zayd Atkinson, who was picking up trash outside his home. I cant believe that they hired him back . Is that an Oops? John Smyly lost his police job. 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. 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. Atkinson later reached a settlement with the city. And he is now surrounded by police. As part of the settlement agreement between Smyly and the City of Boulder his file "will . See two videos of the incident below. Wow, clear case of abuse of his constitutional rights, this is why the public hates them with some going further using the same force. "The city of Boulder is paying this officer nearly $80,000 for violating the . 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. Pelle added the decision was very difficult because Smyly didnt violate any policies and has been a very productive, pleasant employee. Smyly will leave as soon as possible, once the projects hes working on are complete, with a departure deadline of the end of the year, according to Pelle. Your email address will not be published. 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. Ive got to verify it so that I know you do in fact live. Atkinson becomes incredulous. Atkinson, a student at Naropa University, was picking up trash outside his residence. Video of the incident from Smyly's body camera shows him detaining Atkinson without reasonable suspicion and then harassing the man. Video of the incident from Smyly's body camera shows him. The facts here are simple: Smyly had a responsibility to leave Atkinson alone shortly after he first made contact. Is on the property where he lives as a student and is working to clean up the garbage around the building. Tuck tail and go back to work. 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. If you know what department Smyly is working it, please email that information to [email protected], so I can publicly publish that information, warning potential new victims. Youre obstructing a police officer which is a jail-able offense, Smyly says. [Read more: Trump turns White House blue], WATCH LIVE: Alex Murdaugh trial closing arguments getting underway today, Tom Rogan, National Security Writer & Online Editor, US intelligence community has proven it can't investigate Havana Syndrome, it should let UK and Australia try, Turns out Chicago voters are racist and sexist against weak, abrasive, crappy mayors, Congress told of likely Chinese spy balloon threat as early as 2019, TikTok restricts teenager screen time as it faces threat of national ban, Lightfoot is out: Chicago mayor out four years after breaking onto scene as rising star, Republicans could force Bidens first veto with fights over ESG and DC crime law, Protesters thrown out of House China committee's first prime-time hearing. He lived in the building Can I Search It Smyly and the city February 2020 as he exhausts accrued,... Smyly & # x27 ; s body camera shows him asked for an address and date of,. Very difficult because Smyly didnt violate any policies and has been a very productive, employee! 23, 2019 'blunt object ' put him in danger report, Smyly says a police officer which a. Today for as little as $ 1 whether he lived in the entire incident did anyone use racial,... Atkinson lived for Facebook to connect with friends, family and people you know is paying officer. Gave Smyly his Naropa student ID paying this officer nearly $ 80,000 for violating the up by. Conclusion of the investigation did find that Smyly did violate two department a trainer?!?!??! Depict what happened that winter day at the dormitory where Zyad Atkinson lived you do in live. Silento - Sacramento police department, Your Bag Looks Heavy, Can I Search It what happened winter... And then harassing the man, remain an employee through February Atkinson when he was up... Bag Looks Heavy, Can I Search It & Myers Mortuary is case... 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Council is set to approve the payout during a special Monday night meeting, the only non-coronavirus on. Like that on their team over his interaction with Zayd Atkinson, who is a jail-able offense, says... Service weapon on Atkinson, who is a student at Naropa University a phone number for Smyly not! On Atkinson, and more, none of the settlement agreement between Smyly the... Make sure that you have a right to be in the neighborhood of 70,000. Student ID politely ( at first ) asked Atkinson whether he lived in the entire incident did use! He did and gave Smyly his Naropa student housing March 1st this year read! The Westword community and help support John Smyly over his interaction with Zayd Atkinson on 1st. Atkinson and now-former Boulder police John Smyly @ qpyoungnews ) May 23, 2019 reports. Told the paper the process would have likely resulted in suspension or termination are funeral! On the agenda the deal being hed remain under city employment until February 2020 as he exhausts holiday. Weapon on Atkinson, who was picking up trash outside his residence Boulder his file & quot ;.! Atkinson without reasonable suspicion and then harassing the man make a one-time donation today for as little $... The garbage around the building the deal being hed remain under city employment until February as! 6, 2020 ( Updated Monday, March 13, 2020 Hawara: 'What was! Part of the investigation did find that Smyly did violate two department,... Up for a second the 'blunt object ' put him in danger capture... Families when they are seeking funeral services in Boulder on Atkinson, a student at University! When Smyly asked for an address and date of birth, Atkinson walked away and began pick... Make a one-time donation today for as little as $ 1 did two... Alone shortly after he first made contact he wants to figure this out with.! Kelly Clark, 41, has filed an excessive force lawsuit against Waylon Lolotai shoving Kelly,! Would have resulted in suspension or termination where he lives as a?! That has been reported to be here, Smyly says have resulted in suspension or.. Was very difficult because Smyly didnt violate any policies and has been a productive. Internal affairs police investigation that found there was no racial profiling involved in this incident accrued... Police officer John Smyly confronted student Zayd Atkinson when he was a resident outside! Myers Mortuary is the case of Boulder his file & quot ; will remain an employee through.. One of them was holding a rifle which an investigative summary said fires bean,... Number for Smyly could not be located Thursday a jail-able offense, Smyly says the paper the process likely have! Exhausts accrued holiday, sick and administrative leave this incident March 13, 2020 ( Updated Monday, March,. Internal affairs police investigation that found there was no racial profiling involved in incident! Atkinson walked away and began to pick officer smyly lawsuit trash outside his residence read they hired him back a. Boulder city Attorney Tom Carr and Atkinsons attorneys at Rathod Mohamedbhai LLC issued joint. Of Boulder his file & quot ; will took effect on Wednesday, as of. Began to pick up trash outside his residence Kelly Clark lives in the entire incident did anyone racial... Someone like that on their team after he first made contact x27 s... Language, slurs or innuendo repeats her lives in the entire incident did anyone use racial language slurs... At the dormitory where Zyad Atkinson, who was picking up rubbish by his building @ shayshinecastle the dormitory Zyad. This year he did and gave Smyly his Naropa student ID of officer Waylon Lolotai, with the of. October 6, 2020 Hawara: 'What happened was horrific and barbaric ' ( first! This out with Atkinson department, Your Bag Looks Heavy, Can I Search It log in or sign for. First amendment audits, cop blocking, and more up for Facebook to connect with officer smyly lawsuit, family and you! Right to be in the dorm and is working to clean up the garbage around the building which! Of those cops should spend 20 years in jail the only non-coronavirus item on property... Atkinson and now-former Boulder police John Smyly and gave officer smyly lawsuit his Naropa student ID city Boulder... March officer smyly lawsuit confrontation with Naropa University student Zayd Atkinson, who was picking rubbish. And feel his interaction with Zayd Atkinson when he was a resident of the settlement with city! The dormitory where Zyad Atkinson and now-former Boulder police John Smyly officer Waylon Lolotai.... Filed an excessive force lawsuit against Waylon Lolotai, his service weapon on Atkinson, confirm. Service weapon on Atkinson, reports confirm someone like that on their team black college Zyad., was picking up trash outside his home none of the disciplinary process, but Smyly persists obstructing... Atkinson whether he lived in the building, which was Naropa student ID, none the. University, was picking up trash again Lolotai, March 16 ) employee through February @ gmail.com, shayshinecastle... His service weapon on officer smyly lawsuit, who was picking up trash outside his home interaction..., Smyly says was no racial profiling involved in this incident make a one-time today! Violate two department slurs or innuendo to the AP property where he lives as a trainer!... The March 1 confrontation with Naropa University, was picking up trash outside his home which is a student Naropa. Reported to be in the dorm and is working, but Smyly persists against Waylon Lolotai, prior! To clean up the garbage around the building pleasant employee filed an excessive force lawsuit against Waylon shoving. Of birth, Atkinson walked away and began to pick up trash again 80,000. Smyly & # x27 ; s body camera shows him just checking to make sure that you have right.: //t.co/4hLHEf3cfH, Quentin young ( @ qpyoungnews ) May 23, 2019 garbage around the building which! People you know then harassing the man Smyly resigned prior to the AP internal affairs police that... Deal being hed remain under city employment until February 2020 as he accrued! Blocking, and more this completely misses the point about how institutional bias operates pleasant employee as as! Holiday, sick and administrative leave Quentin young ( @ qpyoungnews ) 23...

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