The incident began on March 1 when Boulder Police officer John Smyly approached Zayd Atkinson as he was cleaning up his townhouse complex.
Atkinson was sitting in a partially enclosed patio that had a private property sign in front of it, at the complex where he lived.
Then he made a request for backup, saying that the person was "uncooperative and unwilling to put down a blunt object," according to the city.
That blunt object was a trash grabber.
An internal affairs investigation report says Atkinson then walked away. Smyly drew his taser, then his hand and pointed it in a downward direction, but not at Atkinson.
The bystander video was posted online and drew immediate backlash, with many pointing to it as the latest example of racial profiling by police. Days later, the police department launches an internal investigation into the incident.
Officer resigns but wants to get $ 69,000
The city says in a written statement, "Smiley.
But he came to an agreement with the City of Boulder before he was disciplined. Smyly is resigning but wants to "exhaust" his paid leave. This means the city will pay him or her roughly $ 69,000 between now and February 9, 2020 -his official final day on the job.
City officials say this is the best option because the police department's collective bargaining agreement triggers a disciplinary appeal process they would likely look over Smyly's firing. In other words, Smyly would be back on the force.
"Boulder Communications Director Patrick Keyserling wrote in a statement obtained by CNN.
Attorney says they are planning to sue Boulder
Atkinson's Attorney is not buying any harsh words for the City of Boulder. Siddhartha Rathod believes that Smyly racially profiled his client, despite the findings of internal investigation.
And because boulder is refusing to discipline the officer, he's suing the city.
"Boulder has left us no other option," Rathod told CNN. "Boulder lauded the ability and wants to root out racism and properly discipline its officer."
Rathod says they are planning to file the lawsuit after they get all the records from the city and the police.