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 outside his home. The situation — which was captured on video — drew criticism for what student Zayd Atkinson said was an instance of racial profiling.
Smyly resigned on Wednesday before the start of a planned administrative hearing into the matter. The Boulder Police Department says the rules that were violated were conduct and violation of police authority and public trust.
On March 1 Smyly stopped Atkinson while he was picking up trash next to the building he lives in using a pole and asked him numerous questions. Body camera video of the incident that was released on Thursday shows Atkinson getting upset after the officer asked him what unit he lives in and asking him to provide identification that showed his address. Smyly said he was concerned Atkinson might have been trespassing.
Atkinson showed a Naropa ID but at one point refused to comply with the officer’s orders anymore and began picking up trash once more. The officer requested backup and followed him, ordering him to sit down.
“I was not going to just fall in line again and just be a dog,” Atkinson told CBS4 on Thursday.
Smyly also threatened to use his stun gun on Atkinson because he “had a weapon,” referring to Atkinson’s pole.
“You’re an idiot. Why would you think that you could tase me? I’m freaking picking up trash on my property which is where I live. I’m not doing anything illegal, and you’re not going to f—— tase me,” Atkinson said in the video.
Looking back on the incident, Atkinson says that when he saw the officer get out the stun gun, he thought ‘Oh my gosh, he’s going to shoot me.”
After other officers arrived Atkinson berated them for many minutes for their response to a non-situation.
The department issued a statement saying the “officer’s decision to attempt to detain Mr. Atkinson was not supported by reasonable suspicion that Mr. Atkinson was committing, had committed, or was about to commit a crime, therefore he did not have authority to detain Mr. Atkinson.” They said they didn’t find any evidence of racial profiling.
When asked about the resignation of Smyly, Atkinson said he’s glad “he’s being held accountable for something but it seems like it’s just bare minimum things.”
Smyly resigned under an agreement that allows him to collect $69,000 in salary.