Slouching Towards Oblivion

Friday, May 24, 2019

Today's Tweet



What the fuck is wrong with us?



The Boulder, Colorado, police officer who initiated contact with a Black man as he was picking up trash around his front yard, resulting in several officers responding and also handling their weapons in a threatening manner, has resigned.

Instead of being fired as he should have been.

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.

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.

The other officers who were involved in the incident were cleared of any wrongdoing in the escalating confrontation.

Smyly’s resignation took effect on Wednesday, as part of the settlement with the city. 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.

“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.

“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. “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. The settlement allowed the city to provide the community information more quickly, and it transitioned Officer Smyly out of a law enforcement career.”

Atkinson’s attorney, Siddharta Rathod, criticized the department’s move in continuing to pay Smyly and allowing him to resign.

“Boulder is essentially saying we’re going to pay this officer and let him resign for threatening Zayd’s life, for racially profiling Zayd,” Rathod said, according to the AP. “If you or I were to do this, we would be criminally charged. We would immediately lose our jobs.”

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