This is incredibly frustrating to watch. Boulder Beat. 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. HuffPost reports that Officer John Smyly violated two department policies when confronted Zayd Atkinson, including public trust and conduct. 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 community member is being identified as he was previously publicly identified. The officers arrived and later left after they determined Atkinson had the right to be there. (credit: CBS) In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. 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. He was charged with obstructing a peace officer and resisting arrest. Telephone: 303-578-4400 Smyly resigned on Wednesday before the start of a planned administrative hearing into the matter. This wasn't enough for Officer Smyly. The City is committed to learning from this incident and moving forward to become a safer, more welcoming, and respectful place for all. . 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. April 5, 2019. Prolonged litigation will adversely impact those efforts. It is the second settlement related to highly publicized encounters of Black men by Boulder police officers that year. 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 report released with the body camera footage noted the officer did not have authority to detain Mr Atkinson, or probable cause to . But Smyly kept insisting Atkinson tell him his unit number, wanting further proof that he lived there. Apparently he was on the payroll until Feb of this year. Privacy Policy. This report is an executive summary of a personnel investigation into the allegation of serious misconduct involving a Boulder Police Officer. A Boulder police officer has resigned following a confrontation with a black college student who was picking up trash in his yard. "Give him his ID back and we're outta here," one of the officers is heard saying. Cookie Notice 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. 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. Help make the Beat better. Denver, Colorado 80205 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. Video of the . "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. The incident sparked outrage as video of the encounter made the rounds on social media. Atkinson." 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). 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. 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. First published on May 16, 2019 / 5:17 PM. In response, Mr. Atkinson handed Officer Smyly his student identification card. 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. 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. Mr. Atkinson was picking up trash on his property and had not committed a crime. Atkinson threatened to sue . 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. Im sorry for what you went through, said councilwoman Nicole Speer. The grouping of routine items on the city council meeting agenda (e.g. 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. Up to this point, Mr. Atkinson had been polite but surprised by Officer Smylys presence, the independent report read. Copyright 2023 ABC News Internet Ventures. "I was suffering with a lot of anxiety, a lot of depression. Or mail cash/check/precious gemstones toP.O. The report also lauded the internal affairs sergeant for thoroughness, including checking Smylys stop data. 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. He said he still hasn't received an apology, and the new report is just Boulder police's way of covering their backs. 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. . However, none of the officers explained why they wanted him to sit down. May 17, 2019, 6:17 AM PDT. But sometimes there's just no excuse for police behavior. 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. Here are some ways you can help. City council is set to approve the payout during a special Monday night meeting, the only non-coronavirus item on the agenda. Im picking up trash and youre holding a gun.. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. Create a free website or blog at WordPress.com. May 16, 2019 / 5:17 PM ", "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. [ Pasco County Sheriff's Office ] Nedra Miller . Click here to sign up for a weekly newsletter from Boulder Beat. Fax: 303-578-4401. He and his lawyer, Siddhartha Rathod, spoke to "Good Morning . He said he gave the officer his ID and key card for the building, but the situation escalated as Atkinson refused to acquiesce when the officer ordered for him to sit down. He then begins commands for the student to sit down on the pavement . 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 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. The officer, John Smyly, resigned with a severance package, as the City Council and community members were troubled by the incident. We also know from our experience that reliable, impartial internal affairs processes can be hard to come by. Resources for the homeless in Boulder, CO, Zayd Atkinson aspires to be a perpetual victim (Im not buying it). 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. 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.. . It l isted the main Naropa University address (2310 Arapahoe Avenue). 0:24 - Zayd A. Zayd Atkinson, a student at Naropa University in Boulder, . All rights reserved. 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 concluded the investigation into a March 1, 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. ABC7 New York 24/7 Eyewitness News . The officer eventually pulled out his gun and called for backup. For more information, please see our Prolonged litigation will adversely impact those efforts. "I couldn't help but notice you sitting on the patio out there," officer John Smyly says in the video. 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. 2023 CBS Broadcasting Inc. All Rights Reserved. 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We should know where he is and if he's allowed to work as a cop or in a field that requires public trust. 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 . 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.. When demonstrators took to the . 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. 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. 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.. A Naropa employee eventually arrived on scene and verified Atkinsons identity, and Atkinson was released with no charges. In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. Printed By: RAABP1, 05/14/2019 12:19 Page 4 R_CS3NC REPORTING . 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 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 . According to the police report, Smyly asked Atkinson . 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 . The process and its application in this particular case strongly indicate that internal affairs at BPD aint broke. 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.. 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. Atkinson said he's trying to work through the painful incident and wants to meet with city officials to start a dialogue about their policies and officer training. 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. Atkinson was behind a private property sign and . 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. The training of the additional officers who arrived on scene contributed to the resolution of this incident without further escalation or injury. "Shouldn't that be enough for you?". 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. Telephone: 303-578-4400 Living at Kimberly Court can seem like living in the most convenient location in Boulder. Prolonged litigation will adversely impact those efforts. Several officers responded, including a supervisor, according to the police department. The police department has also released all related body camera footage. The (Professional Standards Unit) investigation resulted in a complete, thorough, impartial report package, the independent report reads. The City of Boulder concluded the investigation into a March 1, 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. Fax: 303-578-4401. Investigations into both incidents were subject toindependent reviewdue to high community interest. Smyly resigned under an agreement that allows him to collect $69,000 in salary. All Rights Reserved. Boulder has agreed to pay $95,000 to Sammie Lawrence, a Black man arrested in 2019 while filming a police interaction with unhoused individuals. Examined. 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. Copyright 2023 KGO-TV. While he said he appreciates Boulder police releasing the numbers, he believes real change is still years away. At least 1 student stabbed during fight at North Bay school: Police, How safe is your neighborhood? 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. SFC licensees. approval of past meeting minu, which historically does not receive discussion. The encounter led to allegations of racial profiling and police misconduct. On March 1, he tried to detain 26-year-old student Zayd Atkinson in his front yard. 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. But Troyers report went on to recommend that Boulder not make any changes to its process. Naropa University student Zayd Atkinson speaks about being racially profiled by a Boulder Police officer for picking up trash with a wand on his own property. 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. but it can also be stressful. 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. Atkinson repeats he's provided his identification but Smyly wants more proof. There are still liberal snowflakes trying to stir up indignation over the overblown drama of the Zayd Atkinson incident. It is city policy that settlements involving payments exceeding $10,000 require Council approval. Atkinson told the officer that he lived in the building and showed him his school identification card. Tunnel vision is a common affliction in internal investigations, especially when it conveniently allows police departments to avoid severe allegations like racism. 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. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. The body camera videos, the police reports . 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. In a viral video, Atkinson was confronted by a police officer while he was picking up trash outside of his . Whether movers in Fort Collins are helping you Sam Lounsberry covers Longmont and the Carbon Valley. 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. Click here to sign up for a weekly newsletter, from Boulder Beat. 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. Additionally, the City arranged for the departure of the officer. During this period, the officer was alone with Mr. Atkinson., Im picking up trash and youre holding a gun. 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.). Im picking up trash. If it aint broke, dont fix it, the report read. approval of past meeting minu Want more stories like this, delivered straight to your inbox? Zayd Atkinson was among the more than 600 protesters in Boulder on Sunday who marched from . 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 Get browser notifications for breaking news, live events, and exclusive reporting. 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. Several officers responded, including a supervisor, according to the police department. 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. College student who was picking up trash and youre holding a gun impartial report,... At Naropa University in Boulder, CO, Zayd Atkinson poses for photo! 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