Atkinson was detained by Smyly for further investigation and he made a call for backup. At one point the officer says, "you're probably going to get tased.". All of the additional officers responding reported that they believed this to be a serious situation because of what they knew from the radio traffic, the report states. Atkinison sued, and in March of 2020 he was awarded $125,000 in a settlement with the City of Boulder. Resources for the homeless in Boulder, CO, Zayd Atkinson aspires to be a perpetual victim (Im not buying it). The investigation found officer John Smyly violated two department policies and determined: Zayd Atkinson a university student of Naropa was held at gunpoint by 6-7 Caucasian Police Officers for simply picking up trash on his property. * I didnt know what else to do besides, you know, to fight with my voice and to practice my rights, which were thoroughly being breached., The city of Boulder stated, that while the finding likely would have resulted in suspension or possibly termination, Officer Smyly resigned prior to the conclusion of the disciplinary process., John Smylys resignation agreement with the city was negotiated by City Attorney Tom Carr, who explained that the resignation immediately removes Officer Smyly from law enforcement and prevents his reinstatement to the Boulder Police Department., Get the top DEI news delivered straight to your inbox, 5 Biggest News Stories of the Week: February 23, 5 Biggest News Stories of the Week: February 17, Race, Homelessness and the Role of Corporate Social Responsibility, How Companies Are Celebrating Black History Month, 5 Biggest News Stories of the Week: February 9. Per Boulders charter, settlements over $10,000 have to be OKd by city council. New video shows the heated encounter that went viral back in March -- a black man confronted by a Boulder police officer while picking up trash in his own yard. Smyly asked Atkinson if he was permitted to be in the location. Smyly contacted Atkinson March 1 outside Naropa student housing at 2333 Arapahoe Ave. as Atkinson was picking up trash with a long metal claw. The Moving can be an exciting experience. Up to this point, Mr. Atkinson had been polite but surprised by Officer Smylys presence, the independent report read. The investigation was conducted by former U.S. Attorney Bob Troyer along with Michael Rankin and Robert Evans, both of Bluestone Investigative and Risk Solutions. "There are instances like this where people don't come out alive. John Smyly, the Boulder, Colorado, officer who initiated contact with Zayd Atkinson that resulted in a tense interaction where several officers drew their guns, was allowed to resign. Smyly resigned prior to the conclusion of the disciplinary process, but police indicated the process would have likely resulted in suspension or termination. We hope this settlement will prompt introspection from City officials, whoselofty rhetoric around policing has lagged far behind the reality of Boulders pattern of abusivepolice conduct.. When demonstrators took to the . 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.". An internal affairs investigation found the officer "did not have probable cause to charge Atkinson with any crime" and "should have ended his contact" as soon as Atkinson gave him his name and . Several officers responded, including a supervisor, according to the police department. Officers in the two cases resigned from Boulder Police Department. Colorado police officer John Smyly who pulled his gun on Zayd Atkinson, a student at Naropa University picking up trash in front of his apartment building, has resigned. 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 community member is being identified as he was previously publicly identified. The City is committed to learning from this incident and moving forward to become a safer, more welcoming, and respectful place for all. It is city policy that settlements involving payments exceeding $10,000 require Council approval. Two elected officials did direct comments to Lawrence. A white Colorado police officer who pulled out his gun during a confrontation with a black man picking up trash around his dormitory resigned this week. The city of Boulder said in a statement Thursday that officer John Smyly violated multiple department policies when he confronted Zayd Atkinson, 26, in March. More officers -- 8 in total -- eventually arrived, some with guns drawn. Here are some ways you can help. Zayd is an actor, who was emboldened to behave as he did precisely because he knew nothing bad would happen, and hundreds of Boulder liberals would hail him as a hero. "I couldn't help but notice you sitting on the patio out there," officer John Smyly says in the video. Atkinson walked away, the subject officer followed from a distance. John Smyly was found in violation of department policies and resigned in May 2019 after an internal investigation into Smyly's encounter with Zayd Atkinson in Boulder on March 1, 2019. This settlement affords some measure of justice to Sammie Lawrence, said Dan Williams of Hutchinson Black and Cook, LLC, co-counsel for This is one of those bad-apple cops the citizens of the country should keep track of. Boulder is set to issue a $125,000 settlement payment to Zayd Atkinson, the black Naropa University student who was confronted by a now-former city police officer last year while picking up trash outside his school housing unit. He said he still hasn't received an apology, and the new report is just Boulder police's way of covering their backs. Name Age in 2023 Role From Until; 1: Abdalla, Raja Aulia Rezza : Rep: 2015-01-29: 2015-02-03: 2: Abdullah, Hugh Idris : Thats a gun, Zayd Atkinson said, according to the body camera footage. Boulder and Zayd Atkinson, a black Naropa student who was confronted by a police officer while picking up trash outside his apartment, have agreed to settle any civil claims involving the incident. Your email address will not be published. Smyly drew his stun gun and then his handgun as he felt threatened by the trash grabber Atkinson was using. The vast majority of young black men who are shot and killed fall victim to other young black men NOT to police officers of any color. Will Denver voters elect a mayor who will stop enabling homelessness. The Moving can be an exciting experience. Class 1 Professional Standards investigation for alleged violation of: Hogwash! The officer eventually pulled out his gun and called for backup. The report also lauded the internal affairs sergeant for thoroughness, including checking Smylys stop data. Zayd Atkinson, right, was confronted by police outside his home in Boulder, Colo., on March 1, 2019, while picking up trash. Finally, police confirm his story by asking someone else if he does, in fact, live there. He drew his handgun after Mr. Atkinson stopped behind the building out of sight of the street. The citysettled with Atkinson in March 2020 for $125,000. "Not only that you know I'm a black man, I have dreads. Boulder Police Officer John Smyly quit the police force after an investigation found he violated department policy when he drew his gun and attempted to detain 26-year-old Zayd Atkinson in March . Hogwash! Copyright 2023 ABC News Internet Ventures. Investigations into both incidents were subject toindependent reviewdue to high community interest. Additionally, the City arranged for the departure of the officer. Smyly said he was concerned Atkinson might have been trespassing. Boulder and Zayd Atkinson, a black Naropa student who was confronted by a police officer while picking up trash outside his apartment, have agreed to settle any civil claims involving the incident. Click here to sign up for a weekly newsletter from Boulder Beat. After other officers arrived Atkinson berated them for many minutes for their response to a non-situation. "I believe that this man had approached me because I'm a black male in an all white town. At the time I had a beard and I was wearing raggedy clothes.". Newly-released body camera video shows how it all started. Atkinson was holding a bucket and a metal trash picker in front of his residence on March 1, when a Boulder police officer confronted him and asked him if he was permitted to be there. approval of past meeting minu Want more stories like this, delivered straight to your inbox? Based on the history of race relations and law enforcement in the United States, and the particular circumstances of the encounter, Mr. Atkinsons anger was justified. While the report recommended Boulder not change its internal investigation process, it did strongly recommend the police department create an official staff position to support the Professional Standards Unit sergeant. . Required fields are marked *. Im picking up trash. When Smyly asked for more information, Atkinson refused and walked away. After other officers arrived Atkinson berated them for many minutes for their response to a non-situation. . An internal affairs investigation found the officer "did not have probable cause to charge Atkinson with any crime" and "should have ended his contact" as soon as Atkinson gave him his name and address. In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. "There is a problem with law enforcement's interaction with minority communities.". how many wives does mufti menk havemr patel neurosurgeon cardiff 27 februari, 2023 / i how old was stewart granger when he died / av / i how old was stewart granger when he died / av An officer had drawn his gun as Atkinson picked up trash outside his dorm. Get browser notifications for breaking news, live events, and exclusive reporting. "I will not sit down, I refuse to sit down, until you guys put your (expletive) weapons away," Atkinson said. "I need to verify who you are," Smyly says. "But I'm not surprised that this happened to me and I won't be surprised if it happens again tomorrow, or the next day, until we do something about it," he added. ", "I thought that once the firearm was out that that meant that he was going to try to kill me," Atkinson told "Good Morning America" in an interview airing Friday. They said they didn't find any evidence of racial profiling. 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. FORT LAUDERDALE, Fla. (AP) A Florida man left paralyzed when a police officer shot him after mistaking his handgun for his stun gun filed a lawsuit Wednesday against the city, the officer and . The police department has also released all related body camera footage. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); True life tales of a homeless man in Boulder, CO. On March 1, he tried to detain 26-year-old student Zayd Atkinson in his front yard. Covering City Council and Sundry, with flair, Sunday, Jan. 2, 2022 (Updated Tuesday, Jan. 4). 7On a seemingly normal morning in March of 2019, Zayd Atkinson was picking up trash outside of his . Zayd Atkinson speaks before Boulder City Council on March 18, 2019, about how he was treated by the Boulder Police officers while picking up trash in his own yard. For more information, please see our It l isted the main Naropa University address (2310 Arapahoe Avenue). <p>In this undated photo provided by lawyer Siddhartha Rathod, Zayd . Living at Kimberly Court can seem like living in the most convenient location in Boulder. The situation -- which was captured on video -- drew criticism for what student Zayd Atkinson said was an instance of racial profiling. This field is for validation purposes and should be left unchanged. "I was suffering with a lot of anxiety, a lot of depression. The officer eventually pulled out his gun and called for backup. Mr. Atkinson and the City are settling any potential claims arising from this interaction so that the parties may focus on the continued healing of both the community and Mr. Atkinson. The film centers on a recent incident that made headlines around the world: In March 2019, Boulder police officer John Smyly confronted and, ultimately, pointed his gun at Zayd Atkinson, a Black man and a student at Naropa University who was picking up trash outside of his dorm as part of his work-study job. Mitchell Byars has been reporting for the Daily Camera since 2011, covering breaking news and courts. May 16, 2019 / 5:17 PM The City of Boulder, CO and Zayd Atkinson, a black Naropa college student has agreed to settle any civil claims regarding an incident involving the Boulder Police Department. Once the additional officers who arrived assessed the situation, they used appropriate de-escalation techniques and left. The encounter led to allegations of racial profiling and police misconduct. Copyright 2023 KGO-TV. Boulder City Attorney Tom Carr and Atkinsons attorneys at Rathod Mohamedbhai LLC issued a joint statement on Thursday. Additionally, the proper protocol would have been for the officer to walk away after Mr. Atkinson produced his student identification card and explained what he was doing. The city is committed to learning from this incident and moving forward to become a safer, more welcoming, and respectful place for all.. Atkinson repeats he's provided his identification but Smyly wants more proof. Living at Kimberly Court can seem like living in the most convenient location in Boulder. and his friend also told officers Atkinson was a . I didn't know what else to do besides, you know, to fight with my voice and to practice my rights, which were thoroughly being breached.". The training of the additional officers who arrived on scene contributed to the resolution of this incident without further escalation or injury. Whether movers in Fort Collins are helping you Boulder Police Department / Courtesy photo. Other officers arrived on scene and a standoff ensued. The City of Boulder released a statement Thursday saying, "while the finding likely would have resulted in suspension or possibly termination, Officer Smyly resigned prior to the conclusion of the disciplinary process. Nonetheless, Boulder established a new citizen oversight group and hired a moderator to serve as a liaison between the panel and the police department in matters of complaints. ABC7 New York 24/7 Eyewitness News . This wasn't enough for Officer Smyly. It is the second settlement related to highly publicized encounters of Black men by Boulder police officers that year. PUBLISHED: May 16, 2019 at 9:28 a.m. | UPDATED: May 16, 2019 at 11:48 a.m. This news doesnt write itself. The city added that Smyly resigned . Officer Smyly, an Anglo male, decided to question why Zayd Atkinson was there. Boulder City Attorney Tom Carr and Atkinson's attorneys at Rathod Mohamedbhai LLC issued a joint statement on Thursday. The officer decided to self-initiate contact with Mr. Atkinson, According to the incident summary, the reason Smyly decided to monitor the student is that he saw Mr. Atkinson manipulating an unknown object in his left hand as he held it close to his mouth, prompting him to drive closer to Mr. Atkinson to see what he was doing.. Executive Summary. Boulder police said there is no evidence Atkinson was racially profiled. . and our Zayd Atkinson, a student at Naropa University in Boulder, . In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. Atkinson told the officer that he lived in the building and showed him his school identification card. The officer who confronted Atkinson resigned from the Boulder Police Department, and the Department enhanced oversight . Prolonged litigation will adversely impact those efforts. A black man in Colorado said he hasn't slept well since he was traumatized by a group of white police officers who held him at gunpoint and detained him while he was picking up trash in front of his home. The Boulder police officer who confronted a black Naropa student picking up trash outside his residence in March was . Smyly called in for a cover car and told Atkinson he was obstructing a police officer and was detaining him and investigating him for trespass. The city of Boulder is offering a $125,000 settlement to Zayd Atkinson, the black Naropa student who was confronted by armed police officers last year while picking up trash outside his home. A Boulder police officer approached Atkinson on foot, asking him what he was doing . Zayd Atkinson was among the more than 600 protesters in Boulder on Sunday who marched from . The City of Boulder approved a $125,000 payment to Atkinson in 2020. . I thoroughly believe I was profiled," Atkinson said. All rights reserved. According to the police report, Smyly asked Atkinson if he lived there and Atkinson said he did, and provided his Naropa student ID. During his interview, the subject officer stated that at this point, he was unaware of Mr. Atkinsons race, because he had only seen him from a distance and approached him from behind, the incident summary states. A cellphone video shot by a neighbor that went viral in March showed Smyly holding his weapon amid the confrontation. However, the internal affairs investigation included a review of a video from a building-mounted camera, which revealed Atkinson was eating food and using his mobile phone. Boulder Beat. Smyly contacted Atkinson March 1 outside Naropa student housing at 2333 Arapahoe Ave. as Atkinson was picking up trash with a long metal claw. RO=Responsible Officer, Rep=Representative. 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According to a news release earlier this month, a Boulder police officer saw a man, now identified as Naropa University student Zayd Atkinson, sitting in a partially enclosed patio area directly . While the report said Atkinson was justified in his confusion and frustration, it said at no point in the entire incident did anyone use racial language, slurs or innuendo.. All Rights Reserved. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. Smyly resigned on Wednesday before the start of a planned administrative hearing into the matter. Smyly resigned under an agreement that allows him to collect $69,000 in salary. "Boulder is essentially saying we're going to pay this officer and let him resign for threatening Zayd's life, for racially profiling Zayd," said Atkinson's attorney, Siddhartha Rathod. However, none of the officers explained why they wanted him to sit down. James Harden surprises fan paralyzed in MSU shooting with FaceTime call and donation, 2 million air fryers recalled due to fire and burn hazards, Students speak out about bullying after fellow student dies by suicide, Digital Deals & Steals celebrating women-owned businesses, (MORE: Charlottesville schools closed over 'racially charged' online threat), (MORE: Colorado police under investigation after viral video shows them pulling guns on black man), (MORE: After blacks kicked off juries, Mississippi man claims racial bias at Supreme Court), (MORE: Man charged after screaming racial slurs, wielding gun on video). Im sorry for what you went through, said councilwoman Nicole Speer. document.getElementById( "ak_js_3" ).setAttribute( "value", ( new Date() ).getTime() ); copyright 2023. . Officer Smyly too had been polite. Denver, Colorado 80205 Telephone: 303-578-4400 Mr. Atkinson raised his voice and yelled., Smyly said he felt threatened by the trash grabber. He drew his Taser and later transitioned to his handgun, both weapons were pointed in a downward direction in front of the officer., The subject officer said that he did not believe that the Taser would be effective, because Mr. Atkinson was wearing a heavy coat, the summary states. City council is set to approve the payout during a special Monday night meeting, the only non-coronavirus item on the agenda. In our review of (the sergeants) work, we did the same and confirmed there were no apparent racial disparities reflected in Officer Smylys number of stops, duration of stops, types of stops, reasons for stops, results of stops, use of (body-worn camera) during stops, or searches of people he stopped.. Create a free website or blog at WordPress.com. Smyly resigned after the investigation found him in violation of department policy, but the department did not find any evidence his interaction with Atkinson was a result of racial profiling. They unanimously approved the payout Tuesday. Fax: 303-578-4401. Click here to read this article in its entirety at www.bouldercolorado.com, Rathod | Mohamedbhai LLC This report is an executive summary of a personnel investigation into the allegation of serious misconduct involving a Boulder Police Officer. He found none. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo . The independent report also echoed the Boulder police report conclusion that there was no evidence of racial bias on the part of Smyly. If it were not for that cellphone footage, would there have been an internal investigation? Mr. Atkinson was picking up trash on his property and had not committed a crime. Email your thoughts to, established a new citizen oversight group. 2701 Lawrence Street, Suite 100 "Shouldn't that be enough for you?". Original Post: . You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. "Officers ultimately determined that the man had a legal right to be on the property and returned the mans school identification card," the department said in a statement last month. He called the incident a reflection of a larger racial problem within Boulder, which is about 81 percent white and less than 2 percent black, according to census data. SFC licensees. Smyly updated dispatch that Mr. Atkinson was failing to comply and had a blunt metal object, referring to the trash grabber, in his hands, the report states. . New video shows moment Boulder officer pulled gun on black man picking up trash in own yard. In the wake of the incident, Boulder City Council formed a committee to explore a police oversight committee. It was a frightening experience. Mr. Atkinson and the City are settling any potential claims arising from this interaction so that the parties may focus on the continued healing of both the community and Mr. Atkinson. Lawrence's arrest came later and with less fanfare. Examined. Reporting Officer: SMYLY, J. The first, in which Naropa student Zayd Atkinson was confronted by armed officers while picking up trash outside his home, drew national media attention and sparked local protests. The Boulder Police Department says the rules that were violated were conduct and violation of police authority and public trust. Here, the PSU sergeant and command staff did not succumb to it.. The subject officer then activated his body camera and decided to self-initiate contact with Mr. Atkinson to determine what he was doing and if he lived or worked there. The police internal investigation concluded Smyly violated department policy during the encounter with Atkinson, and the independent report backed those conclusions, saying Smyly made some pivotal mistakes including asking for Atkinsons date of birth when he was not entitled to that information and mistakenly believing he had reasonable suspicion that a crime was occurring. The City of Boulder concluded the investigation into a March 1, 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. The body camera videos, the police reports . The incident sparked outrage as video of the encounter made the rounds on social media. April 15, 2022, 9:13am. Video of the . By Breanna . The staff person would be trained and specialized in the (Professional Standards Unit) process, forms and administrative functions, and should do other duties secondarily, rather than vice versa, the report read. Why would you think that you could tase me? Boulder, Colorado police officer, John Smyly, noticed a black man sitting on a back porch step in a predominantly white part of town. Previous post: Report: Jessica Aldama died after stillborn delivery in homeless encampment, Next post: Guest opinion: The housing Boulder refused to build, Change made to existing documents, resolutions, or ordinances. The city settled with Atkinson in March 2020 for $125,000. Those are the statistics that bear on the Zayd Atkinson drama, in which no shots were fired, no Taser was deployed, no pepper spray was used, no tickets were issued, and no arrest was made. The settlement has been reported to be a sum of $125,000. According to city records included in Lawrences lawsuit, Lolotai used force on residents 81 times between January 2017 and June 2020, including using his firearm to gain compliance 38 times. Had Officer Smyly understood the law, the contact would have ended without trauma, the report read. Was there a perspective we missed, or facts we didnt consider? This is incredibly frustrating to watch. but it can also be stressful. But Smyly kept insisting Atkinson tell him his unit number, wanting further proof that he lived there. University of Colorado Boulder Officer Drew Matthews (image via department) Under the anonymity of the internet, a University of Colorado Boulder police officer trolled . Lawrences arresting officer, Waylon Lolotai, left BPD in September 2020 amid an investigation into social media posts that glorified the use of force against residents, for which he was placed on administrative leave. He then begins commands for the student to sit down on the pavement . Zayd Atkinson is a Black university student who was asked for identification by police to prove that he lived at his home while taking out his own trash. HuffPost reports that Officer John Smyly violated two department policies when confronted Zayd Atkinson, including public trust and conduct. The first, in which Naropa student Zayd Atkinson was confronted by armed officers while picking up trash outside his home, drew national media attention and sparked local protests. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo . Zayd Atkinson, an African American student at Naropa University, was picking up garbage on his own property when he was swarmed by gun-wielding police officers harassing and threatening him. Click here to sign up for a weekly newsletter, from Boulder Beat. In addition to increased oversight, BPD revamped its use of force policies in August 2020. "I continued to go back to work and pick up trash and clean up my grounds.". Following the incident, the City of Boulder promptly took steps to address the communitys concerns, including publicly apologizing to Mr. Atkinson, and holding a community listening session. Zayd Atkinson, the Naropa University student who was detained on his front doorstep . The report released with the body camera footage noted the officer did not have authority to detain Mr Atkinson, or probable cause to . 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