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Colorado officer has stepped down after an investigation found he violated two rules when he questioned and threatened to pulled a firearm on a Black man picking up trash outside his apartment.

Officer John Smyly resigned before a planned administrative hearing into his confrontation involving Naropa University student Zayd Atkinson in earlier this year, CBS Denver reported. The incident, captured on video sparked swift outrage and prompted allegations of racial profiling by police.

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Boulder Police Department released body camera video, police report and dispatch tapes related to the incident after ending their internal investigation. It was discovered that Smyly had violated conduct, police authority and public trust. However, there was no evidence he racially profiled Atkinson.

The department added that Smyly did not have probable cause to charge the college student with obstructing a police officer, or any other crime.

“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,” according to BPD. “Therefore he did not have authority to detain Mr. Atkinson.”

In a summary of its investigation the department wrote “officer should’ve ended his contact with Mr. Atkinson after Mr. Atkinson provided his name, address and a brief description of what he was doing.”

The other officers who responded to the incident were cleared of wrongdoing, the report said.

The incident began on March 1 when Smyly was patrolling an area in response to recent crimes including bike theft, burglary and trespass at an orthodontics office. There he spotted Atkinson outside an apartment building picking up trash.

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Then the officer noticed a “Private Property” sign near the front of the building, the officer asked Atkinson if he lived there. The 26-year-old said he did but Smyly questioned him further, asking for his address and what he was doing there.

“I’m just checking to make sure you have a right to be here, that’s all,” the officer says in the video. When Smyly asks Atkinson what unit he lives in, the student says: “I don’t think I actually have to tell you that.”

Atkinson instead gave the officer his student ID, confirming his identity. Smyly proceeded to ask him several questions. Atkinson, who had a trash grabber in hand, ignored the officer, walked off and continued his curbside clean up. The officer followed him around, asking more questions and ordering him to “sit down!”

Atkinson was not cited in the incident.

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The terms of Smyly resignation agreement allow him to remain employed with Boulder Police until Feb. 9, 2020, utilizing his accrued floating holiday leave, sick and permitted administrative leave, according to ABC 7. The officer is expected to receive $69,000 in that period.

Atkinson’s lawyer, Siddhartha Rathod, was not pleased with the agreement.

“Boulder is paying this officer nearly $80,000 in taxpayer money, giving him a year’s paid vacation for what he did,” Rathod told the news station. “If they don’t have the ability to terminate racist officers, that’s Boulder’s problem — not taxpayers’ problem.”

Atkinson is glad the officer is being held accountable but said “it seems like it’s just bare minimum things.”

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