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Police officer pulled gun on a black man was picking up trash

“You are on my property”, man said to a police officer.

Officer John Smyly and Zayd Atkinson confrontation

Zayd Atkinson, a black person, picked up a trash around his home in Boulder, Colorado. John Smyly, a police officer, white person, pulled out a gun on Atkinson. The man told the police, that he was just picking up a trash with a clamp and a bucket. The police officer told him to drop off a blunt object, meaning a trash grabber could be used as a weapon.

Officer Smyly claimed he was trying to determine if he had the right to be there. Atkinson told him that he lived in that townhouse complex. Officer asked him to prove he lived in that property. Atkinson has shown his Naropa University student ID card, but the officer said he needed more proof.

Then officer Smyly threated to shoot him if he did not drop off the clamp. Police officer tried to detain Mr. Atkinson, but he went to continue pick up trash. After that officer threated to get tased him if he did not execute the claim.

Atkinson said after that exchange that he felt he was racially profiled. Eight police officers came to accident and left only after get confirmation about Atkinson indeed lived in the complex.

After that the city announced the conclusion of an internal investigation. It found Smyly violated two department policies – police authority and public trust. And it found no evidence of racial profiling.

According to the city, Mr. Atkinson was uncooperative and unwilling to put down a blunt object.

However, Smyly resigned before the investigation concluded. He came to an agreement with the city before he was disciplined. So he will be on the city payroll until February 9, 2020. The city will pay him roughly $69,000.

The city says that is the best option because the police department’s collective bargaining agreement triggers a disciplinary appeal process, which would likely overturn Smyly’s firing.

Atkinson’s attorney, Siddhartha Rathod says they plan to suit the city. Attorney believes that the officer racially profiled his client. He thinks the officer is getting of too easy, because the city will pay to the officer and let him resign.

RAW: Bodycam video shows police confront man picking up trash outside building

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