The officer requested backup and followed him, ordering him to sit down. 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. He drew his handgun after Mr. Atkinson stopped behind the building out of sight of the street. Zayd Atkinson, a student at Naropa University in Boulder, . 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 read this article in its entirety at www.bouldercolorado.com, Rathod | Mohamedbhai LLC 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. "It was a frightening experience. Help make the Beat better. Prolonged litigation will adversely impact those efforts. Up to this point, Mr. Atkinson had been polite but surprised by Officer Smylys presence, the independent report read. We also know from our experience that reliable, impartial internal affairs processes can be hard to come by. I'm not doing anything illegal, and you're not going to f------ tase me," Atkinson said in the video. Denver, Colorado 80205 Smyly asked Atkinson if he was permitted to be in the location. City council is set to approve the payout during a special Monday night meeting , the only non-coronavirus item on the agenda. Video of the . But Troyers report went on to recommend that Boulder not make any changes to its process. 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 . Atkinson told the officer that he lived in the building and showed him his school identification card. 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. Click here to read this article in its entirety at www.dailycamera.org, Rathod | Mohamedbhai LLC Hogwash! 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. . 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. 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. Two elected officials did direct comments to Lawrence. 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 settlement has been reported to be a sum of $125,000. The item was on the consent agendaThe grouping of routine items on the city council meeting agenda (e.g. It has historically had problems with minority communities," Rathod said. Zayd Atkinson, 26, told ABC News he's still fighting to overcome the "traumatic experience" of being racially profiled by Colorado police officers. I'm freaking picking up trash on my property which is where I live. ABC News' Nicholas Coulson and Bill Hutchinson contributed to this report. 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. A cellphone video shot by a neighbor that went viral in March showed Smyly holding his weapon amid the confrontation. 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. Zayd gave his name and confirmed that he lived at the location. The city is committed to learning from this incident and moving forward to become a safer, more welcoming, and respectful place for all.. He and his lawyer, Siddhartha Rathod, spoke to "Good Morning . Privacy Policy. May 17, 2019, 6:17 AM PDT. 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.. Mr. Atkinson was repeatedly ordered to put down his "weapon" which was a trash grabber and plastic bucket. 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. 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. While no one was arrested, the police department launched an internal affairs investigation, and the city hired an outside investigator to review the incident.. If it were not for that cellphone footage, would there have been an internal investigation? I'm blessed that I got out alive and unharmed," he said. Smyly drew his stun gun and then his handgun as he felt threatened by the trash grabber Atkinson was using. "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. While the stop itself was wrong, some things were done right during the encounter itself. It stated that he is a student at Naropa University. Class 1 Professional Standards investigation for alleged violation of: "He's at home being paid for racially profiling Zayd for illegally stopping him and for threatening his life.". The Moving can be an exciting experience. They unanimously approved the payout Tuesday. 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. Click here to sign up for a weekly newsletter from Boulder Beat. 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. Atkinson was detained by Smyly for further investigation and he made a call for backup. 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. 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. But sometimes there's just no excuse for police behavior. During this period, the subject officer repeatedly asked Mr. Atkinson to stop and advised him that he was obstructing a police officer. A Boulder police officer has resigned following a confrontation with a black college student who was picking up trash in his yard. The investigation found officer John Smyly violated two department policies and determined: 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. 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. Smyly said he was concerned Atkinson might have been trespassing. April 5, 2019. I thoroughly believe I was profiled," Atkinson said. In a viral video, Atkinson was confronted by a police officer while he was picking up trash outside of his . ", "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. 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. "It definitely brings fear to my heart knowing that some people don't survive. It was a frightening experience. This wasn't enough for Officer Smyly. The City is committed to learning from this incident and moving forward to become a safer, more . Smyly resigned on Wednesday before the start of a planned administrative hearing into the matter. The City is committed to learning from this incident and moving forward to become a safer, more welcoming, and respectful place for all. The City of Boulder concluded the investigation into a March 1, 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. Smyly also threatened to use his stun gun on Atkinson because he "had a weapon," referring to Atkinson's pole. Required fields are marked *. Scroll down for video The body camera videos, the police reports . This report is an executive summary of a personnel investigation into the allegation of serious misconduct involving a Boulder Police Officer. Newly-released body camera video shows how it all started. (Jeremy Papasso/Staff photographer) . The officer who confronted Atkinson resigned from the Boulder Police Department, and the Department enhanced oversight . Living at Kimberly Court can seem like living in the most convenient location in Boulder. "I couldn't help but notice you sitting on the patio out there," officer John Smyly says in the video. 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. 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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? At the time I had a beard and I was wearing raggedy clothes.". If it aint broke, dont fix it, the report read. The subject officer notified dispatch and initiated what he described as a consensual contact.. Atkinison sued, and in March of 2020 he was awarded $125,000 in a settlement with the City of Boulder. He found none. University of Colorado Boulder Officer Drew Matthews (image via department) Under the anonymity of the internet, a University of Colorado Boulder police officer trolled . 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. Mr. Atkinson should not have been stopped. Covering City Council and Sundry, with flair, Sunday, Jan. 2, 2022 (Updated Tuesday, Jan. 4). He asked Smyly if he would fire the weapon if he didnt put the trash grabber down. Finally, police confirm his story by asking someone else if he does, in fact, live there. 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. According to the police report, Smyly asked Atkinson . Or mail cash/check/precious gemstones toP.O. Telephone: 303-578-4400 The Boulder police officer who confronted a black Naropa student picking up trash outside his residence in March was . approval of past meeting minu Want more stories like this, delivered straight to your inbox? Had Officer Smyly understood the law, the contact would have ended without trauma, the report read. The department issued a statement saying the "officer's decision to attempt to detain Mr. Atkinson was not supported by reasonable suspicion that Mr. Atkinson was committing, had committed, or was about to commit a crime, therefore he did not have authority to detain Mr. 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. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo., detained him in March, 2019. Mr. Atkinson was picking up trash on his property and had not committed a crime. Im picking up trash and youre holding a gun.. After other officers arrived Atkinson berated them for many minutes for their response to a non-situation. Boulder police said there is no evidence Atkinson was racially profiled. 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. Mar. Smyly resigned under an agreement that allows him to collect $69,000 in salary. but it can also be stressful. Atkinson walked away, the subject officer followed from a distance. This settlement affords some measure of justice to Sammie Lawrence, said Dan Williams of Hutchinson Black and Cook, LLC, co-counsel for Your email address will not be published. An officer had drawn his gun as Atkinson picked up trash outside his dorm. He then begins commands for the student to sit down on the pavement . 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. 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 . "I need to verify who you are," Smyly says. Officer Smyly, an Anglo male, decided to question why Zayd Atkinson was there. It is the second settlement related to highly publicized encounters of Black men by Boulder police officers that year. Bodycam footage of the incident emerged and sparked outrage. Atkinson said he's had trouble sleeping since the incident. 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 . 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. This is one of those bad-apple cops the citizens of the country should keep track of. "Mr. Atkinson and the . All rights reserved. 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. 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. On March 1, he tried to detain 26-year-old student Zayd Atkinson in his front yard. 2701 Lawrence Street, Suite 100 ", "I just told you I lived here and I told you that I'm working as well," 26-year-old Zayd Atkinson responded. . 2023 CBS Broadcasting Inc. All Rights Reserved. By Ben Kesslen. The police department has also released all related body camera footage. The training of the additional officers who arrived on scene contributed to the resolution of this incident without further escalation or injury. The city added that Smyly resigned . Zayd Atkinson, the Naropa University student who was detained on his front doorstep . "I believe that this man had approached me because I'm a black male in an all white town. 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. There are still liberal snowflakes trying to stir up indignation over the overblown drama of the Zayd Atkinson incident. "Shouldn't that be enough for you?". Internal Affairs Investigation Case Number: IA2019-001. 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. "I will not sit down, I refuse to sit down, until you guys put your (expletive) weapons away," Atkinson said. Boulder Beat. Lawrences arrest came later and with less fanfare. The process and its application in this particular case strongly indicate that internal affairs at BPD aint broke. Prolonged litigation will adversely impact those efforts. RO=Responsible Officer, Rep=Representative. . City council is set to approve the payout during a special Monday night meeting, the only non . Several officers responded, including a supervisor, according to the police department. 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.). Original Post: . 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). document.getElementById( "ak_js_3" ).setAttribute( "value", ( new Date() ).getTime() ); copyright 2023. 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 Boulder Police Department says the rules that were violated were conduct and violation of police authority and public trust. Click here to sign up for a weekly newsletter, from Boulder Beat. 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. The Boulder Police Department said it placed the first officer on administrative leave while it investigated the incident. . In the wake of the incident, Boulder City Council formed a committee to explore a police oversight committee. 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 . but it can also be stressful. 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. In a statement released on Thursday, The city of Boulder announced that an investigation found that Smyly violated two police department policies: Was there a perspective we missed, or facts we didnt consider? 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. This news doesnt write itself. The body camera videos, the police reports . SFC licensees. Executive Summary. Thats a gun, Zayd Atkinson said, according to the body camera footage. That identification card, the same size as a driver's license or credit card, displayed Mr. Atkinson's name and photo. But Smyly kept insisting Atkinson tell him his unit number, wanting further proof that he lived there. Prolonged litigation will adversely impact those efforts. 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 eventually pulled out his gun and called for backup. "You're an idiot. During this period, the officer was alone with Mr. Atkinson., Im picking up trash and youre holding a gun. Mr. 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. Atkinson beleives he was "penalized for practicing my rights," and his attorney, Siddhartha Rathod, said the officer's punishment doesn't reflect that. Atkinson." Smyly resigned prior to the conclusion of the disciplinary process, but police indicated the process would have likely resulted in suspension or termination. Examined. 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