A cellphone video shot by a neighbor that went viral in March showed Smyly holding his weapon amid the confrontation. The officer requested backup and followed him, ordering him to sit down. University of Colorado Boulder Officer Drew Matthews (image via department) Under the anonymity of the internet, a University of Colorado Boulder police officer trolled . "If you or I were to do this, we would be criminally charged. Atkinson was behind a private property sign and . The Boulder police officer who confronted a black Naropa student picking up trash outside his residence in March was . 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. Required fields are marked *. 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. This field is for validation purposes and should be left unchanged. 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. Other officers arrived on scene and a standoff ensued. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo . 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. Scroll down for video On March 1, 2019, Boulder Police Officer John Smyly stopped and questioned Zayd Atkinson while he was working in front of the building in which he lived. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. Troyer also is investigating a separate incident in which a police officer arrested a black man with a cane who was filming officers interacting with homeless people. 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. The Daily Camera reported that Lolotai left after his home address was posted publicly by activists. 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. and his friend also told officers Atkinson was a . But with the question about which specific unit he lived in, Mr. Atkinson paused, looked around, and began to become exasperated.. In a statement released on Thursday, The city of Boulder announced that an investigation found that Smyly violated two police department policies: Mr. Atkinson was picking up trash. Help make the Beat better. ", 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. Boulder City Attorney Tom Carr and Atkinson's attorneys at Rathod Mohamedbhai LLC issued a joint statement on Thursday. Boulder has agreed to pay $95,000 to Sammie Lawrence, a Black man arrested in 2019 while filming a police interaction with unhoused individuals. Lawrence's arrest came later and with less fanfare. 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. The officer eventually pulled out his gun and called 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 was not going to just fall in line again and just be a dog," Atkinson told CBS4 on Thursday. * Atkinson repeats he's provided his identification but Smyly wants more proof. 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. It is city policy that settlements involving payments exceeding $10,000 require Council approval. First published on May 16, 2019 / 5:17 PM. ", A police internal affairs report obtained by ABC News shows Smyly's decision to attempt to detain Atkinson "was not supported by reasonable suspicion that Mr. Atkinson was committing, had committed, or was about to commit a crime. The body camera videos, the police reports . Smyly also threatened to use his stun gun on Atkinson because he "had a weapon," referring to Atkinson's pole. Following the March 1 episode with Naropa student Zayd Atkinson, also described in the complaint, Lolotai was caught on video again during the April 5 arrest of Sammie Lawrence, who tried to . What happened to Officer John Smyly who resigned from BPD after illegal detention of Zayd Atkinson? The report also lauded the internal affairs sergeant for thoroughness, including checking Smylys stop data. The Boulder Police Department says the rules that were violated were conduct and violation of police authority and public trust. Will Denver voters elect a mayor who will stop enabling homelessness. The City of Boulder concluded the investigation into a March 1, 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. Bodycam footage of the incident emerged and sparked outrage. "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. Video and reports of the incident, during which Atkinson was repeatedly asked for identification showing he lived at . 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 statement read. If it were not for that cellphone footage, would there have been an internal investigation? approval of past meeting minu, which historically does not receive discussion. 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. For more information, please see our Smyly asked Atkinson if he was permitted to be in the location. Had Officer Smyly understood the law, the contact would have ended without trauma, the report read. May 16, 2019 / 5:17 PM 0:24 - Zayd A. The City of Boulder approved a $125,000 payment to Atkinson in 2020. . Mr. Atkinson should not have been stopped. 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. A Boulder police officer has resigned following a confrontation with a black college student who was picking up trash in his yard. 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. May 17, 2019, 6:17 AM PDT. The report released with the body camera footage noted the officer did not have authority to detain Mr Atkinson, or probable cause to . 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 . 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. Additionally, the City arranged for the departure of the officer. 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. Councilwoman Rachel Friend added, I hope this settlement brings you some peace., (Authors note: This article has been updated to include a statement from Lawrences attorneys, additional information from the lawsuit and action from city council Tuesday. Mitchell Byars has been reporting for the Daily Camera since 2011, covering breaking news and courts. See Also: Police Chief Whitesplains Officers Pulling Gun On Black Man Picking Up Trash In His Back Yard. "Give him his ID back and we're outta here," one of the officers is heard saying. He is originally from Hawaii and enjoys the beach, camping, golf, beer and writing third-person bios about himself that exaggerate how outdoorsy he is. 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.). 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. That lack of explanation solidified Mr. Atkinsons perception that he was not being treated honestly and fairly, which increased his agitation and heightened his berating of the officers.. Living at Kimberly Court can seem like living in the most convenient location in Boulder. I'm not doing anything illegal, and you're not going to f------ tase me," Atkinson said in the video. 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. He then begins commands for the student to sit down on the pavement . 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. While the stop itself was wrong, some things were done right during the encounter itself. Executive Summary. The (Professional Standards Unit) investigation resulted in a complete, thorough, impartial report package, the independent report reads. That identification card, the same size as a driver's license or credit card, displayed Mr. Atkinson's name and photo. 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. Whether movers in Fort Collins are helping you Sam Lounsberry covers Longmont and the Carbon Valley. Officer John Smyly was among the Boulder Police Department members who rousted Naropa student Zayd Atkinson for picking up trash at his own home in March 2019. Boulder City Attorney Tom Carr and Atkinsons attorneys at Rathod Mohamedbhai LLC issued a joint statement on Thursday. He said he still hasn't received an apology, and the new report is just Boulder police's way of covering their backs. 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. The city is committed to learning from this incident and moving forward to become a safer, more welcoming, and respectful place for all.. "I continued to go back to work and pick up trash and clean up my grounds.". "I couldn't help but notice you sitting on the patio out there," officer John Smyly says in the video. 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.. 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 . 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. but it can also be stressful. 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. / CBS Colorado. Smyly resigned under an agreement that allows him to collect $69,000 in salary. "Well I believe that this man had approached me because I'm a black male in an all-white town," Atkinson said later. 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. City council is set to approve the payout during a special Monday night meeting, the only non . Examined. An independent review of the police investigation of an interaction between an officer and a black Naropa University student concluded the investigation met or exceeded standards and was right in finding no evidence of racial profiling. Smyly said he was concerned Atkinson might have been trespassing. The City is committed to learning from this incident and moving forward to become a safer, more . Smyly, a 14-year veteran of the department, resigned from active duty on May 16. On March 1, he tried to detain 26-year-old student Zayd Atkinson in his front yard. Hogwash! Officer Smyly too had been polite. 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 . The report notes Boulder police Chief Greg Testa got the first complaint about the incident on March 3 from Atkinsons mother, and referred the matter to internal affairs on March 4. HuffPost reports that Officer John Smyly violated two department policies when confronted Zayd Atkinson, including public trust and conduct. SFC licensees. But Troyers report went on to recommend that Boulder not make any changes to its process. Internal Affairs Investigation Case Number: IA2019-001. 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. Atkinson. If it aint broke, dont fix it, the report read. The independent report also echoed the Boulder police report conclusion that there was no evidence of racial bias on the part of Smyly. But sometimes there's just no excuse for police behavior. Two elected officials did direct comments to Lawrence. Zayd Atkinson, 26, told ABC News he's still fighting to overcome the "traumatic experience" of being racially profiled by Colorado police officers. The statement did not release any terms of the settlement. 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. 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. Im sorry for what you went through, said councilwoman Nicole Speer. Denver, Colorado 80205 Or mail cash/check/precious gemstones toP.O. Resources for the homeless in Boulder, CO, Zayd Atkinson aspires to be a perpetual victim (Im not buying it). Why would you think that you could tase me? "This is an all-white community that has historically treated minority communities differently. 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. In the wake of the incident, Boulder City Council formed a committee to explore a police oversight committee. I asked Atkinson if he had anything with his address listed on it. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. The incident sparked outrage as video of the encounter made the rounds on social media. The citysettled with Atkinson in March 2020 for $125,000. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo . "You're an idiot. In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. By Breanna . 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. April 5, 2019. Atkinson was allegedly racially profiled by a Boulder Police officer for picking up trash on his own property. 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). 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. . When demonstrators took to the . The incident began on March 1 when Boulder Police officer John Smyly approached Zayd Atkinson as he cleaned up trash outside his townhouse complex. 2023 CBS Broadcasting Inc. All Rights Reserved. By Ben Kesslen. The Moving can be an exciting experience. All Rights Reserved. An officer had drawn his gun as Atkinson picked up trash outside his dorm. 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. The former Boulder police officer who resigned after pointing a gun at a Black Naropa student has agreed to leave his temporary civilian position with the Boulder County Sheriff's Office after complaints from the Boulder County NAACP chapter.. John Smyly was found in violation of department policies and resigned in May 2019 after an internal investigation into Smyly's encounter with Zayd . 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.. Was there a perspective we missed, or facts we didnt consider? He drew his handgun after Mr. Atkinson stopped behind the building out of sight of the street. "I will not sit down, I refuse to sit down, until you guys put your (expletive) weapons away," Atkinson said. but it can also be stressful. He was charged with obstructing a peace officer and resisting arrest. The body camera videos, the police reports and dispatch tapes related to the incident are available at https://t.co/Luru5y5XJk pic.twitter.com/1vquVsUp7u. 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. "I need to verify who you are," Smyly says. 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. Thats a gun, Zayd Atkinson said, according to the body camera footage. The Boulder Police Department said it placed the first officer on administrative leave while it investigated the incident. Officer Smyly, an Anglo male, decided to question why Zayd Atkinson was there. Boulder settlement with Zayd Atkinson to, Click to share on Facebook (Opens in new window), Click to share on Reddit (Opens in new window), Click to share on Twitter (Opens in new window), CEO announces Saturday, September 17 is Colorado Dailys final issue, Boulder settlement with Zayd Atkinson to include $125K payment from city, Brought to you by Prairie Mountain Publishing, Marijuana: A wet blanket over your emotions, Former 'Family Ties' star Brian Bonsall remains a fugitive, No gay bar in Boulder? The other officers were cleared of wrongdoing, with the report noting that none of them pointed any weapons at Atkinson. Zayd Atkinson, a student at Naropa University in Boulder, . According to Boulder Police Department, the officer approached Zayd Atkinson around 8:30 a.m. because he was in an area behind a 'Private Property" sign. 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.. RO=Responsible Officer, Rep=Representative. We offer these observations so that the city does not take action that inadvertently and irretrievably breaks a system that did not need fixing.. We should know where he is and if he's allowed to work as a cop or in a field that requires public trust. 7On a seemingly normal morning in March of 2019, Zayd Atkinson was picking up trash outside of his . More officers -- 8 in total -- eventually arrived, some with guns drawn. Smyly resigned prior to the conclusion of the disciplinary process, but police indicated the process would have likely resulted in suspension or termination. 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 . Boulder Police Department. 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. 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. Smyly contacted Atkinson March 1 outside Naropa student housing at 2333 Arapahoe Ave. as Atkinson was picking up trash with a long metal claw. Smyly drew his stun gun and then his handgun as he felt threatened by the trash grabber Atkinson was using. The subject officer notified dispatch and initiated what he described as a consensual contact.. Under a settlement with the city, Smyly will remain on Boulders payroll until February 2020. . Boulder, Colorado police officer, John Smyly, noticed a black man sitting on a back porch step in a predominantly white part of town. ", "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. Click to share on Facebook (Opens in new window), Click to share on Reddit (Opens in new window), Click to share on Twitter (Opens in new window), Independent review backs Boulder police findings, process in Zayd Atkinson case, Applications being accepted for vacancy created by Boulder County judges death, Defendant in Boulder peeping incidents pleads guilty, Police investigate another phone threat to Boulder High, Operation Wrecking Ball: Six men indicted by grand jury for stealing construction equipment, Brought to you by Prairie Mountain Publishing, Boulder police investigating overnight shooting, suspect still at large, Years later, Boulder officials look for compromise as affordable housing promise at former Fruehaufs site still unfulfilled, Colorado grocery stores can begin selling wine on Wednesday, 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. Prolonged litigation will adversely impact those efforts. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. 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. Black Man picking up trash outside his dorm the officers is heard saying treated minority communities differently first officer administrative... Officers is heard saying 14-year veteran of the disciplinary process, but police indicated the would., would there have been trespassing stop data his home address was posted by! After illegal detention of Zayd Atkinson and Boulder police officer in Boulder to in! 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The officers is heard saying 's pole is an all-white community that has historically treated minority differently! Not going to just fall in line again and just be a perpetual victim zayd atkinson officer name im not buying it.... Resigned prior to the body camera footage any weapons at Atkinson PM zayd atkinson officer name - a... Was repeatedly asked for identification showing he lived in, Mr. Atkinson raised his voice and yelled., Smyly remain! Racially profiled by a Boulder police Department said it placed the first choice for many families when they are funeral! Patio out there, '' referring to Atkinson in 2020. trust and....
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