and our Atkinson threatened to sue . 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. Email your thoughts to, established a new citizen oversight group. When asked about the resignation of Smyly, Atkinson said he's glad "he's being held accountable for something but it seems like it's just bare minimum things.". As a result of the listening session, the City established a civilian police oversight task force that made recommendations which resulted in the adoption of an ordinance establishing a new civilian police oversight model. 2023 CBS Broadcasting Inc. All Rights Reserved. But Troyers report went on to recommend that Boulder not make any changes to its process. "Well I believe that this man had approached me because I'm a black male in an all-white town," Atkinson said later. 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. 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. 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. The City of Boulder concluded the investigation into a March 1, 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. 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. Other officers arrived on scene and a standoff ensued. . Required fields are marked *. "Give him his ID back and we're outta here," one of the officers is heard saying. Mar. Copyright 2023 ABC News Internet Ventures. For more information, please see our The investigation found officer John Smyly violated two department policies and determined: The Boulder police officer who confronted a black Naropa student picking up trash outside his residence in March was . * 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. Investigations into both incidents were subject toindependent reviewdue to high community interest. . Resources for the homeless in Boulder, CO, Zayd Atkinson aspires to be a perpetual victim (Im not buying it). He asked Smyly if he would fire the weapon if he didnt put the trash grabber down. Help make the Beat better. . 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 body camera videos, the police reports . Atkinson was detained by Smyly for further investigation and he made a call for backup. Whether movers in Fort Collins are helping you Boulder Police Department / Courtesy photo. However, none of the officers explained why they wanted him to sit down. "He's at home being paid for racially profiling Zayd for illegally stopping him and for threatening his life.". Funny he changed his display name to John S., but didn't change the URL from his full name. Atkinson." 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. The encounter led to allegations of racial profiling and police misconduct. "Boulder police began looking into the incident on Friday and early this morning launched an official internal affairs investigation.". 2019 CBS Broadcasting Inc. All Rights Reserved. https://old.reddit.com/r/PublicFreakout/comments/cijav8/officer_pulling_out_his_gun_on_a_student_outside/. 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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. ), Want more stories like this, delivered straight to your inbox? Your email address will not be published. Atkinson was allegedly racially profiled by a Boulder Police officer for picking up trash on his own property. "I continued to go back to work and pick up trash and clean up my grounds.". 0:24 - Zayd A. Atkinson repeats he's provided his identification but Smyly wants more proof. Meanwhile, Zayd said talk is cheap. Hogwash! 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. 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 . 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.. Boulder City Attorney Tom Carr and Atkinson's attorneys at Rathod Mohamedbhai LLC issued a joint statement on Thursday. Boulder City Attorney Tom Carr and Atkinsons attorneys at Rathod Mohamedbhai LLC issued a joint statement on Thursday. This news doesnt write itself. The city settled with Atkinson in March 2020 for $125,000. 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. Get browser notifications for breaking news, live events, and exclusive reporting. Atkinson said he's had trouble sleeping since the incident. Telephone: 303-578-4400 May 16, 2019 / 5:17 PM All Rights Reserved. The officer, John Smyly, resigned with a severance package, as the City Council and community members were troubled by the incident. "This is an all-white community that has historically treated minority communities differently. The independent report also echoed the Boulder police report conclusion that there was no evidence of racial bias on the part of Smyly. Bodycam footage of the incident emerged and sparked outrage. City council is set to approve the payout during a special Monday night meeting , the only non-coronavirus item on the agenda. Printed By: RAABP1, 05/14/2019 12:19 Page 4 R_CS3NC REPORTING . "Shouldn't that be enough for you?". The Boulder Police Department said it placed the first officer on administrative leave while it investigated the incident. 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. 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 is one of those bad-apple cops the citizens of the country should keep track of. He said he still hasn't received an apology, and the new report is just Boulder police's way of covering their backs. 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 City of Boulder approved a $125,000 payment to Atkinson in 2020. . 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. There are still liberal snowflakes trying to stir up indignation over the overblown drama of the Zayd Atkinson incident. 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 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. 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. Two elected officials did direct comments to Lawrence. 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. . 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. During this period, the officer was alone with Mr. Atkinson., Im picking up trash and youre holding a gun. A Naropa employee eventually arrived on scene and verified Atkinsons identity, and Atkinson was released with no charges. The body camera videos, the police reports . This wasn't enough for Officer Smyly. Im picking up trash and youre holding a gun.. 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. Per Boulders charter, settlements over $10,000 have to be OKd by city council. The city on Thursday announced the settlement but did not include the terms in a news release. Mr. Officer Smyly, an Anglo male, decided to question why Zayd Atkinson was there. All Rights Reserved. See Also: Police Chief Whitesplains Officers Pulling Gun On Black Man Picking Up Trash In His Back Yard. / CBS Colorado. In the wake of the incident, Boulder City Council formed a committee to explore a police oversight committee. 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. Zayd Atkinson was the subject of a viral video in which he was surrounded by 8 Boulder Police officers, some of them brandishing firearms, as he was picking up garbage outside of his home. The report also lauded the internal affairs sergeant for thoroughness, including checking Smylys stop data. . Body cam footage shows a School Resource Officer at a River Ridge High School threaten to shoot a student trying to leave campus on Dec. 17, 2019. "I was not going to just fall in line again and just be a dog," Atkinson told CBS4 on Thursday. It has historically had problems with minority communities," Rathod said. While no one was arrested, the police department launched an internal affairs investigation, and the city hired an outside investigator to review the incident.. All rights reserved. SFC licensees. We should know where he is and if he's allowed to work as a cop or in a field that requires public trust. 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. Reddit and its partners use cookies and similar technologies to provide you with a better experience. The city added that Smyly resigned . 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. The City is committed to learning from this incident and moving forward to become a safer, more . Up to this point, Mr. Atkinson had been polite but surprised by Officer Smylys presence, the independent report read. Once the additional officers who arrived assessed the situation, they used appropriate de-escalation techniques and left. In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. 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. Had Officer Smyly understood the law, the contact would have ended without trauma, the report read. It was a frightening experience. 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. I asked Atkinson if he had anything with his address listed on it. 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 . 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 . University of Colorado Boulder Officer Drew Matthews (image via department) Under the anonymity of the internet, a University of Colorado Boulder police officer trolled . By Breanna . The settlement has been reported to be a sum of $125,000. This field is for validation purposes and should be left unchanged. Prolonged litigation will adversely impact those efforts. He and his lawyer, Siddhartha Rathod, spoke to "Good Morning . Officers in the two cases resigned from Boulder Police Department. "I need to verify who you are," Smyly says. April 15, 2022, 9:13am. Zayd Atkinson, right, was confronted by police outside his home in Boulder, Colo., on March 1, 2019, while picking up trash. Was there a perspective we missed, or facts we didnt consider? Outside review validated BPDs procedures. We would immediately lose our jobs." A phone number for Smyly could not be located Thursday. The incident began on March 1 when Boulder Police officer John Smyly approached Zayd Atkinson as he cleaned up trash outside his townhouse complex. 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. Click here to sign up for a weekly newsletter, from Boulder Beat. Lawrences arrest came later and with less fanfare. 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 city is committed to learning from this incident and moving forward to become a safer, more welcoming, and respectful place for all.. 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. 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. 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. I'm freaking picking up trash on my property which is where I live. Covering City Council and Sundry, with flair, Sunday, Jan. 2, 2022 (Updated Tuesday, Jan. 4). 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. Help make the Beat better. 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. "I believe that this man had approached me because I'm a black male in an all white town. 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. 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.). Smyly resigned on Wednesday before the start of a planned administrative hearing into the matter. 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 situation -- which was captured on video -- drew criticism for what student Zayd Atkinson said was an instance of racial profiling. Hogwash! Mr. Atkinson was picking up trash. Lawrence's arrest came later and with less fanfare. but it can also be stressful. 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. Atkinson was behind a private property sign and . The community member is being identified as he was previously publicly identified. April 5, 2019. We offer these observations so that the city does not take action that inadvertently and irretrievably breaks a system that did not need fixing.. 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. When demonstrators took to the . <p>In this undated photo provided by lawyer Siddhartha Rathod, Zayd . They unanimously approved the payout Tuesday. "It was a frightening experience. A Boulder police officer approached Atkinson on foot, asking him what he was doing . Boulder Beat. Living at Kimberly Court can seem like living in the most convenient location in Boulder. Video of the . The statement did not release any terms of the settlement. Im sorry for what you went through, said councilwoman Nicole Speer. 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 . Internal Affairs Investigation Case Number: IA2019-001. Scroll down for video May 17, 2019, 6:17 AM PDT. Hundreds of people marched Sunday to the Boulder Police Department, passing near the site where an officer detained 26-year-old Zayd Atkinson on March 1. The report released with the body camera footage noted the officer did not have authority to detain Mr Atkinson, or probable cause to . Zayd gave his name and confirmed that he lived at the location. New video shows moment Boulder officer pulled gun on black man picking up trash in own yard. 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. 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. 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. Smyly also threatened to use his stun gun on Atkinson because he "had a weapon," referring to Atkinson's pole. The other officers were cleared of wrongdoing, with the report noting that none of them pointed any weapons at Atkinson. 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. "Not only that you know I'm a black man, I have dreads. Zayd was the first adult male to become a Muslim and the only Muslim apart from Muhammad to be mentioned by name in the Quran. 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. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. While the stop itself was wrong, some things were done right during the encounter itself. No evidence of racial bias on the part of Smyly student of Naropa was at. Boulder not make any changes to its process and we 're outta here ''! Go back to work as a cop or in a field that requires public trust Atkinson or! $ 10,000 have to be OKd by City Council from his full name his ID back we. 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