The white Colorado police officer who detained a black man for picking up trash outside his own home quit his job on Wednesday after an internal affairs probe found he violated departmental rules.
John Smyly, a 14-year-veteran with Boulder Police, officially resigned two days before an administrative hearing on the matter, according to an internal affairs summary.
Investigators determined Smyly violated department policies pertaining to police authority, trust and conduct during his March 1 interaction with 26-year-old Zayd Atkinson.
'The subject 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,' investigators wrote in the final deposition section of their report.
John Smyly (left) resigned after detaining 26-year-old Zayd Atkinson for picking up trash
Bodycam footage shows the moment the 26-year-old was confronted by the cops
Body cam footage of the encounter showed Smyly approaching Atkinson outside his apartment complex 11 weeks ago as the 26-year-old was using a long metal claw to pick up trash.
Smyly told Atkinson he saw him sitting on the patio outside the residence shortly before Atkinson started cleaning up the property.
'I wasn't sure what you were doing, if you lived here, if you work here?'
'I live here and I work here,' Atkinson replied.
The former officer asked Atkinson for ID, so Atkinson gave Smyly his student ID card, but the officer wasn't satisfied because the card didn't show his home address.
'What unit [do you live] in?' Smyly asked.
'I don't think I have to actually tell you that,' Atkinson responded.
'Well I'm just checking to make sure you have a right to be here,' replied the officer.
'I just told you that I live here and I work here. Shouldn't that be enough for you?' Atkinson said.
Frustrated, the 26-year-old stopped listening to Smyly and continued picking up trash, so Smyly called for backup and ordered Atkinson to sit down.
Atkinson refused and continued walking around the residence picking up trash.
'I'm not doing anything wrong' he said.
Smyly followed him and the two continued arguing until they reached the rear of the building where Smyly put his hand on his firearm holstered on his hip.
You're going to shoot me? That's what you're going to do officer? You're going to shoot a residence on his property for picking up trash? Your hand is on your weapon
'Yes it is. I feel threatened because you're not putting that down,' Smyly said, referring to Atkinson's claw.
'I'm picking up trash!' Atkinson shoulted. 'You're going to shoot me officer?'
'If you use that weapon against me, then yes, that is a consideration,' Smyly said.
Zayd Atkinson, 26, was at the center of the clip which went viral last month after it showed he was
