Denver, Colorado 80205 The body camera videos, the police reports . Several officers responded, including a supervisor, according to the police department. Smyly had told the department he contacted Atkinson because of recent crime in the area but did not see what race he was when he first saw him. 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. 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. All Rights Reserved. Smyly also threatened to use his stun gun on Atkinson because he "had a weapon," referring to Atkinson's pole. Lolotais departure was unrelated to that investigation or the many excessive force allegations that plagued him every since his time at the Denver Sheriffs Department. "The officer's on a paid vacation right now; he's on a taxpayer paid vacation and he's at home being paid now for pointing a gun at a black man," Rathod told "GMA." Examined. Fax: 303-578-4401. The City of Boulder concluded the investigation into a March 1, 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. 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). During this period, the subject officer repeatedly asked Mr. Atkinson to stop and advised him that he was obstructing a police officer. . The officer requested backup and followed him, ordering him to sit down. "Shouldn't that be enough for you?". The police department has also released all related body camera footage. The City of Boulder concluded the investigation into a March 1, 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. He drew his handgun after Mr. Atkinson stopped behind the building out of sight of the street. Prolonged litigation will adversely impact those efforts. Apparently he was on the payroll until Feb of this year. Resources for the homeless in Boulder, CO, Zayd Atkinson aspires to be a perpetual victim (Im not buying it). As the subject officer got closer, he could also see that Mr. Atkinson was picking items up off the ground with the long metal object [a trash grabber] and placing them into a white bucket that he was holding. Executive Summary. Boulder City Attorney Tom Carr and Atkinsons attorneys at Rathod Mohamedbhai LLC issued a joint statement on Thursday. Such is the case of Boulder, Colo., police officer John Smyly over his interaction with Zayd Atkinson on March 1st this year. Atkinson was behind a private property sign and . 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 Boulder Police Department says the rules that were violated were conduct and violation of police authority and public trust. 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 . I thought that once the firearm was out that that meant that he was going to try to kill me, Atkinson said on Good Morning America in April. 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 . 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. Denver, Colorado 80205 By Breanna . But Smyly kept insisting Atkinson tell him his unit number, wanting further proof that he lived there. "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. A Boulder police officer has resigned following a confrontation with a black college student who was picking up trash in his yard. What happened to Officer John Smyly who resigned from BPD after illegal detention of Zayd Atkinson? Investigations into both incidents were subject toindependent reviewdue to high community interest. April 5, 2019. First published on May 16, 2019 / 5:17 PM. If it aint broke, dont fix it, the report read. They said they didn't find any evidence of racial profiling. If you use that weapon against me then yes, that is a consideration, Smyly responded. 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 . Per Boulders charter, settlements over $10,000 have to be OKd by city council. [ Pasco County Sheriff's Office ] Nedra Miller . 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 . Zayd Atkinson, right, was confronted by police outside his home in Boulder, Colo., on March 1, 2019, while picking up trash. Copyright 2023 KGO-TV. Was there a perspective we missed, or facts we didnt consider? The city of Boulder said theres no evidence to support a claim of racial profiling, but the incident makes one question why Smyly felt the need to even approach Atkinson? In a statement released on Thursday, The city of Boulder announced that an investigation found that Smyly violated two police department policies: On March 1, Officer Smyly approached Zayd Atkinson, 26, at his residence to investigate a possible trespass. Your email address will not be published. The statement did not release any terms of the settlement. When Smyly asked for more information, Atkinson refused and walked away. 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. 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. For more information, please see our They unanimously approved the payout Tuesday. Answer (1 of 9): "What probable cause did police have when they attempted to investigate Zayd Atkinson, a student at Naropa University, when he was picking up trash outside of his dorm?" I wonder, Dear Questioner, why you believe "probable cause" is the standard needed for a police officer to st. During the 16-minute standoff, multiple officers politely and calmly asked Mr. Atkinson to drop the trash grabber and sit down so they could talk, the report read. The process and its application in this particular case strongly indicate that internal affairs at BPD aint broke. BOULDER, Colo. -- 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. Though the (Professional Standards Unit) only investigates about three Class 1 cases a year, those cases will be handled under much less stress, and the risk of error due to time pressure and workload will be reduced, if trained support staff is ready when needed.. Friday, March 13, 2020 (Updated Monday, March 16) 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. Although Zayd is a little-known and marginal figure in the standard account of the rise of Islam, he was originally a key figure in the Islamic foundation narrative, according to David S. Powers, professor of Near . While the stop itself was wrong, some things were done right during the encounter itself. 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. In their report, released today, the investigators backed the findings of the Boulder Police Department internal affairs investigation into Officer John Smyly and his interaction on March 1 with Naropa student Zayd Atkinson. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. Atkinson was allegedly racially profiled by a Boulder Police officer for picking up trash on his own property. Cookie Notice The City of Boulder concluded the investigation into a March 1, 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. ", 2 teen girls arrested in SF scooter attack, police say, Doctor urges that heart health be a year-round priority, Eli Lilly cuts insulin prices up to 70% amid pressure to slash costs. A Naropa employee eventually arrived on scene and verified Atkinsons identity, and Atkinson was released with no charges. 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. "Well I believe that this man had approached me because I'm a black male in an all-white town," Atkinson said later. Class 1 Professional Standards investigation for alleged violation of: The training of the additional officers who arrived on scene contributed to the resolution of this incident without further escalation or injury. Video and reports of the incident, during which Atkinson was repeatedly asked for identification showing he lived at the property he was cleaning, made local and national headlines and led to the city revamping public oversight of Boulder Police Department. Telephone: 303-578-4400 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. Why would you think that you could tase me? Mar. "He's at home being paid for racially profiling Zayd for illegally stopping him and for threatening his life.". The report released with the body camera footage noted the officer did not have authority to detain Mr Atkinson, or probable cause to . We should know where he is and if he's allowed to work as a cop or in a field that requires public trust. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Throw me some cash if you've got it so I can keep you informed. 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. 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. We offer these observations so that the city does not take action that inadvertently and irretrievably breaks a system that did not need fixing.. 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. Lawrences arrest came later and with less fanfare. The City is committed to learning from this incident and moving forward to become a safer, more welcoming, and respectful place for all. The officer, John Smyly, resigned with a severance package, as the City Council and community members were troubled by the incident. After other officers arrived Atkinson berated them for many minutes for their response to a non-situation. 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.". Atkinson." 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. Smyly drew his stun gun and then his handgun as he felt threatened by the trash grabber Atkinson was using. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo., detained him in March, 2019. Privacy Policy. "I was suffering with a lot of anxiety, a lot of depression. Thats a gun, Zayd Atkinson said, according to the body camera footage. Im sorry for what you went through, said councilwoman Nicole Speer. The settlement has been reported to be a sum of $125,000. It is city policy that settlements involving payments exceeding $10,000 require Council approval. Smyly resigned under an agreement that allows him to collect $69,000 in salary. "This is an all-white community that has historically treated minority communities differently. Boulder Beat. approval of past meeting minu Want more stories like this, delivered straight to your inbox? Click here to read this article in its entirety at www.bouldercolorado.com, Rathod | Mohamedbhai LLC I thoroughly believe I was profiled," Atkinson said. Boulder Police Department. Zayd Atkinson, 26, said it's been more than a month since a group of officers racially profiled him in a predominantly white neighborhood in Boulder, Colorado, but he's still fighting to overcome the "traumatic experience. This report is an executive summary of a personnel investigation into the allegation of serious misconduct involving a Boulder Police Officer. Help make the Beat better. Required fields are marked *. May 17, 2019, 6:17 AM PDT. Zayd Atkinson, a student at Naropa University in Boulder, . "It was a frightening experience. The Moving can be an exciting experience. 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. He found none. While no one was arrested, the police department launched an internal affairs investigation, and the city hired an outside investigator to review the incident.. Boulder has agreed to pay $95,000 to Sammie Lawrence, a Black man arrested in 2019 while filming a police interaction with unhoused individuals. An attorney for Atkinson called the agreement with the city of Boulder "ridiculous." "Boulder is essentially saying we're going to pay this officer and let him resign for threatening Zayd's life . Prolonged litigation will adversely impact those efforts. Smyly said he was concerned Atkinson might have been trespassing. This is one of those bad-apple cops the citizens of the country should keep track of. Smyly resigned on Wednesday before the start of a planned administrative hearing into the matter. Other officers arrived on scene and a standoff ensued. Backup officers who were called to the scene and led by a sergeant quickly determined that Mr. Atkinson lived in the building and was engaged in his work study job. 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. 2023 CBS Broadcasting Inc. All Rights Reserved. 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. HuffPost reports that Officer John Smyly violated two department policies when confronted Zayd Atkinson, including public trust and conduct. This news doesnt write itself. The City is committed to learning from this incident and moving forward to become a safer, more . We also know from our experience that reliable, impartial internal affairs processes can be hard to come by. Was there a perspective we missed, or facts we didnt consider? It was a frightening experience. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. Reddit and its partners use cookies and similar technologies to provide you with a better experience. The (Professional Standards Unit) investigation resulted in a complete, thorough, impartial report package, the independent report reads. The Daily Camera reported that Lolotai left after his home address was posted publicly by activists. He said he still hasn't received an apology, and the new report is just Boulder police's way of covering their backs. The encounter led to allegations of racial profiling and police misconduct. The city is committed to learning from this incident and moving forward to become a safer, more welcoming, and respectful place for all.. "Boulder police began looking into the incident on Friday and early this morning launched an official internal affairs investigation.". 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. Mitchell Byars has been reporting for the Daily Camera since 2011, covering breaking news and courts. Check out Bay Area safety tracker, Tracking the drought: Map shows conditions across SF Bay Area, Bay Area Life; Sundays at 6:30 p.m. on ABC7, a black man confronted by a Boulder police officer. Mr. Atkinson was picking up trash on his property and had not committed a crime. 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. The city settled with Atkinson in March 2020 for $125,000. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo . RO=Responsible Officer, Rep=Representative. Atkinson threatened to sue . The (Professional Standards Unit) sergeant hand-searched each of Officer Smylys stops and looked for any disparities based on the race of the individual contacted, the report read. During this period, the officer was alone with Mr. Atkinson., Im picking up trash and youre holding a gun. 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. They are precious, and they are very hard to repair once broken. Funny he changed his display name to John S., but didn't change the URL from his full name. 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. Officer Smyly too had been polite. 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 citysettled with Atkinson in March 2020 for $125,000. That identification card, the same size as a driver's license or credit card, displayed Mr. Atkinson's name and photo. In a viral video, Atkinson was confronted by a police officer while he was picking up trash outside of his . But Troyers report went on to recommend that Boulder not make any changes to its process. Tunnel vision is a common affliction in internal investigations, especially when it conveniently allows police departments to avoid severe allegations like racism. 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. "I need to verify who you are," Smyly says. I'm not doing anything illegal, and you're not going to f------ tase me," Atkinson said in the video. Zayd Atkinson, the Naropa University student who was detained on his front doorstep . Hogwash! The independent report also echoed the Boulder police report conclusion that there was no evidence of racial bias on the part of Smyly. BOULDER, Colo. (CBS4) - John Smyly, a Boulder police officer, has resigned after his department says he violated two rules when he questioned and followed a Naropa University student who was outside his home. Two elected officials did direct comments to Lawrence. City council is set to approve the payout during a special Monday night meeting, the only non . But sometimes there's just no excuse for police behavior. (credit: CBS) In addition to increased oversight, BPD revamped its use of force policies in August 2020. / CBS Colorado. At one point, Atkinson said he turned his back and walked around to the back of the building as the officer followed him with a Taser in his hand, he said. approval of past meeting minu, which historically does not receive discussion. ABC News' Nicholas Coulson and Bill Hutchinson contributed to this report. Additionally, the City arranged for the departure of the officer. Had Officer Smyly understood the law, the contact would have ended without trauma, the report read. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); True life tales of a homeless man in Boulder, CO. 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. In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. Email your thoughts to, established a new citizen oversight group. 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. . "You're an idiot. According to the police report, Smyly asked Atkinson if he lived there and Atkinson said he did, and provided his Naropa student ID. The situation -- which was captured on video -- drew criticism for what student Zayd Atkinson said was an instance of racial profiling. Email your thoughts to boulderbeatnews@gmail.com, Police arrests Boulder Boulder Police Department city council city of Boulder cops lawsuit officers police reform Sammie Lawrence settlement use of force Waylon Lolotai Zayd Atkinson. Click here to sign up for a weekly newsletter from Boulder Beat. The police officer who pulled a gun on a man picking up trash outside his own home in Boulder, Colorado, has resigned, city officials said Thursday . 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. He then begins commands for the student to sit down on the pavement . I felt obliged to set 'em straight:https://t.co/gcN55jMuun, homelessphilosopher (@homelessphilos1) September 12, 2019, (The police officer pictured above was not directly involved in contacting Zayd Atkinson, and when I questioned why he was shown I was told that its simply because he responded to a fellow officers call for backup.). 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. "I believe that this man had approached me because I'm a black male in an all white town. Click here to sign up for a weekly newsletter, from Boulder Beat. 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. "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. Box 21315 Boulder, CO 80301. Or mail cash/check/precious gemstones toP.O. In a statement released on Thursday, The city of Boulder announced that an investigation found that Smyly violated two police department policies: "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. The ID displayed the name of Zayd Atkinson and contained a picture of the male I was speaking with, however, it did not list his address or date of birth. When demonstrators took to the . PUBLISHED: May 16, 2019 at 9:28 a.m. | UPDATED: May 16, 2019 at 11:48 a.m. 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. ", "I just told you I lived here and I told you that I'm working as well," 26-year-old Zayd Atkinson responded. Internal Affairs Investigation Case Number: IA2019-001. 2701 Lawrence Street, Suite 100 The Moving can be an exciting experience. No problem, says Proposition Gay, CEO announces Saturday, September 17 is Colorado Daily's final issue, Pot and perception: Looking at what marijuana really does to you, Loveland man sentenced to prison for Longmont pharmacy robbery, Louisville man sentenced to jail, probation in sex assault of woman he met through dating app, Convicted adoption-agency head sent to jail, Man accused of drinking girl's urine arrested in Arizona, Chicago Mayor Lori Lightfoot concedes defeat, Southern California home sales fall to all-time low, Denver just got a direct flight to this Caribbean island known for music history and vegetarian cooking, NYC Mayor Adams dismisses need to separate church and state, declares himself a servant of God, Zero-calorie sweetener linked to heart attack and stroke, study finds, Do Not Sell/Share My Personal Information. Outside review validated BPDs procedures. Mr. Atkinson was picking up trash. The charges were dismissed after Lawrence completed a deferred sentence; he filed suit in March 2021, asserting that his First and Fourth AmendmentChange made to existing documents, resolutions, or ordinances rights had been violated. Mr. Atkinson should not have been stopped. I'm blessed that I got out alive and unharmed," he said. A Boulder police officer approached Atkinson on foot, asking him what he was doing . Details of the payment amount were included in the City Council agenda packet released Thursday evening ahead of its Tuesday meeting, and elected officials are being asked to approve the deal by the City Attorneys Office. 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. The Boulder Police Department said it placed the first officer on administrative leave while it investigated the incident.

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