Under a settlement with the city, Smyly will remain on Boulders payroll until February 2020. ", "I just told you I lived here and I told you that I'm working as well," 26-year-old Zayd Atkinson responded. The report also lauded the internal affairs sergeant for thoroughness, including checking Smylys stop data. 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. While the stop itself was wrong, some things were done right during the encounter itself. 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.. Box 21315 Boulder, CO 80301. 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. 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. 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 City of Boulder approved a $125,000 payment to Atkinson in 2020. . The Daily Camera reported that Lolotai left after his home address was posted publicly by activists. Lawrences arrest came later and with less fanfare. approval of past meeting minu Want more stories like this, delivered straight to your inbox? Denver, Colorado 80205 Atkinson repeats he's provided his identification but Smyly wants more proof. SFC licensees. Im picking up trash and youre holding a gun.. 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. In response, Mr. Atkinson handed Officer Smyly his student identification card. Boulder City Attorney Tom Carr and Atkinsons attorneys at Rathod Mohamedbhai LLC issued a joint statement on Thursday. Click here to sign up for a weekly newsletter, from Boulder Beat. 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. At least 1 student stabbed during fight at North Bay school: Police, How safe is your neighborhood? https://old.reddit.com/r/PublicFreakout/comments/cijav8/officer_pulling_out_his_gun_on_a_student_outside/. Internal Affairs Investigation Case Number: IA2019-001. The training of the additional officers who arrived on scene contributed to the resolution of this incident without further escalation or injury. 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. but it can also be stressful. May 16, 2019 / 5:17 PM Hogwash! He said he still hasn't received an apology, and the new report is just Boulder police's way of covering their backs. In addition to increased oversight, BPD revamped its use of force policies in August 2020. 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. Newly-released body camera video shows how it all started. 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. Cookie Notice The officer decided to self-initiate contact with Mr. Atkinson, According to the incident summary, the reason Smyly decided to monitor the student is that he saw Mr. Atkinson manipulating an unknown object in his left hand as he held it close to his mouth, prompting him to drive closer to Mr. Atkinson to see what he was doing.. 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 . Smyly drew his stun gun and then his handgun as he felt threatened by the trash grabber Atkinson was using. 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. 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. "I believe that this man had approached me because I'm a black male in an all white town. The police department has also released all related body camera footage. I was having very strange dreams and couldn't really sleep," Atkinson said. "I couldn't help but notice you sitting on the patio out there," officer John Smyly says in the video. Mr. Atkinson was picking up trash on his property and had not committed a crime. I thoroughly believe I was profiled," Atkinson said. 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 resigned under an agreement that allows him to collect $69,000 in salary. He drew his handgun after Mr. Atkinson stopped behind the building out of sight of the street. April 15, 2022, 9:13am. 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. Reddit and its partners use cookies and similar technologies to provide you with a better experience. 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. Hogwash! "It was a frightening experience. "Boulder police began looking into the incident on Friday and early this morning launched an official internal affairs investigation.". The officers arrived and later left after they determined Atkinson had the right to be there. 2701 Lawrence Street, Suite 100 Per Boulders charter, settlements over $10,000 have to be OKd by city council. ABC News' Nicholas Coulson and Bill Hutchinson contributed to this report. Prolonged litigation will adversely impact those efforts. 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. 0:24 - Zayd A. Once the additional officers who arrived assessed the situation, they used appropriate de-escalation techniques and left. 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. Zayd Atkinson, a student at Naropa University in Boulder, . 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. 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.". First published on May 16, 2019 / 5:17 PM. Mr. Atkinson should not have been stopped. 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. But Troyers report went on to recommend that Boulder not make any changes to its process. 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 . 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. Help make the Beat better. Whether movers in Fort Collins are helping you Sam Lounsberry covers Longmont and the Carbon Valley. City council is set to approve the payout during a special Monday night meeting , the only non-coronavirus item on the agenda. 7On a seemingly normal morning in March of 2019, Zayd Atkinson was picking up trash outside of his . HuffPost reports that Officer John Smyly violated two department policies when confronted Zayd Atkinson, including public trust and conduct. According to the police report, Smyly asked Atkinson . Atkinison sued, and in March of 2020 he was awarded $125,000 in a settlement with the City of Boulder. Officers in the two cases resigned from Boulder Police Department. Zayd Atkinson, the Naropa University student who was detained on his front doorstep . Lawrence's arrest came later and with less fanfare. The report released with the body camera footage noted the officer did not have authority to detain Mr Atkinson, or probable cause to . We would immediately lose our jobs." A phone number for Smyly could not be located Thursday. Thats a gun, Zayd Atkinson said, according to the body camera footage. All Rights Reserved. I'm not doing anything illegal, and you're not going to f------ tase me," Atkinson said in the video. The statement did not release any terms of the settlement. . In a statement released on Thursday, The city of Boulder announced that an investigation found that Smyly violated two police department policies: Printed By: RAABP1, 05/14/2019 12:19 Page 4 R_CS3NC REPORTING . Atkinson threatened to sue . Required fields are marked *. 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. ), Want more stories like this, delivered straight to your inbox? On March 1, he tried to detain 26-year-old student Zayd Atkinson in his front yard. The footage shows Smyly investigating Atkinson for trespassing. 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. 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. 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. There are still liberal snowflakes trying to stir up indignation over the overblown drama of the Zayd Atkinson incident. This news doesnt write itself. The Boulder Police Department said it placed the first officer on administrative leave while it investigated the incident. Bodycam footage of the incident emerged and sparked outrage. . In a viral video, Atkinson was confronted by a police officer while he was picking up trash outside of his . Denver, Colorado 80205 "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." The investigation found officer John Smyly violated two department policies and determined: Up to this point, Mr. Atkinson had been polite but surprised by Officer Smylys presence, the independent report read. Mr. Atkinson was repeatedly ordered to put down his "weapon" which was a trash grabber and plastic bucket. He asked Smyly if he would fire the weapon if he didnt put the trash grabber down. 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 . Smyly said he was concerned Atkinson might have been trespassing. "I had not done anything illegal therefore there was no reason for me to comply," Atkinson told "GMA." 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 . Class 1 Professional Standards investigation for alleged violation of: After other officers arrived Atkinson berated them for many minutes for their response to a non-situation. Atkinson." A Boulder police officer approached Atkinson on foot, asking him what he was doing . 2019 CBS Broadcasting Inc. All Rights Reserved. But sometimes there's just no excuse for police behavior. The officer eventually pulled out his gun and called for backup. (Jeremy Papasso/Staff photographer) Officer Smyly too had been polite. and our 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. 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. Lawrence, in a prepared statements. Looking back on the incident, Atkinson says that when he saw the officer get out the stun gun, he thought 'Oh my gosh, he's going to shoot me.". 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 picking up trash. According to the police report, Smyly asked Atkinson if he lived there and Atkinson said he did, and provided his Naropa student ID. Whether movers in Fort Collins are helping you Boulder Police Department / Courtesy photo. This is incredibly frustrating to watch. 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 . He and his lawyer, Siddhartha Rathod, spoke to "Good Morning . 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. 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. 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. A cellphone video shot by a neighbor that went viral in March showed Smyly holding his weapon amid the confrontation. Finally, police confirm his story by asking someone else if he does, in fact, live there. The city added that Smyly resigned . 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 Moving can be an exciting experience. For more information, please see our The city settled with Atkinson in March 2020 for $125,000. Email your thoughts to, established a new citizen oversight group. 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. "Give him his ID back and we're outta here," one of the officers is heard saying. 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. 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Smyly also threatened to use his stun gun on Atkinson because he "had a weapon," referring to Atkinson's pole. Atkinson walked away, the subject officer followed from a distance. It l isted the main Naropa University address (2310 Arapahoe Avenue). 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 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. Additionally, the City arranged for the departure of the officer. 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. The settlement has been reported to be a sum of $125,000. Living at Kimberly Court can seem like living in the most convenient location in Boulder. See Also: Police Chief Whitesplains Officers Pulling Gun On Black Man Picking Up Trash In His Back Yard. More officers -- 8 in total -- eventually arrived, some with guns drawn. Zayd Atkinson, 26, told ABC News he's still fighting to overcome the "traumatic experience" of being racially profiled by Colorado police officers. 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. The body camera videos, the police reports . Examined. 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. The City of Boulder, CO and Zayd Atkinson, a black Naropa college student has agreed to settle any civil claims regarding an incident involving the Boulder Police Department. Smyly asked Atkinson if he was permitted to be in the location. It is city policy that settlements involving payments exceeding $10,000 require Council approval. The Moving can be an exciting experience. 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, a 14-year veteran of the department, resigned from active duty on May 16. Video and reports of the incident, during which Atkinson was repeatedly asked for identification showing he lived at . Fax: 303-578-4401. Get browser notifications for breaking news, live events, and exclusive reporting. * By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. "I was suffering with a lot of anxiety, a lot of depression. 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. ABC7 New York 24/7 Eyewitness News . "I was not going to just fall in line again and just be a dog," Atkinson told CBS4 on Thursday. He then begins commands for the student to sit down on the pavement . Outside review validated BPDs procedures. 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. Boulder Beat. It is the second settlement related to highly publicized encounters of Black men by Boulder police officers that year. The encounter led to allegations of racial profiling and police misconduct. 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. approval of past meeting minu, which historically does not receive discussion. If it aint broke, dont fix it, the report read. and his friend also told officers Atkinson was a . Your email address will not be published. The Boulder Police Department concluded an internal investigation on the March 1 incident when officers, two of them with guns drawn, confronted 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. 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. Boulder police said there is no evidence Atkinson was racially profiled. "Mr. Atkinson and the . "It definitely brings fear to my heart knowing that some people don't survive. I asked Atkinson if he had anything with his address listed on it. This field is for validation purposes and should be left unchanged. All rights reserved. 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. "Well I believe that this man had approached me because I'm a black male in an all-white town," Atkinson said later. They unanimously approved the payout Tuesday. Atkinson was allegedly racially profiled by a Boulder Police officer for picking up trash on his own property. Several officers responded, including a supervisor, according to the police department. We offer these observations so that the city does not take action that inadvertently and irretrievably breaks a system that did not need fixing.. [ Pasco County Sheriff's Office ] Nedra Miller . 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. 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. Atkinson was detained by Smyly for further investigation and he made a call for backup. University of Colorado Boulder Officer Drew Matthews (image via department) Under the anonymity of the internet, a University of Colorado Boulder police officer trolled . The situation -- which was captured on video -- drew criticism for what student Zayd Atkinson said was an instance of racial profiling. document.getElementById( "ak_js_3" ).setAttribute( "value", ( new Date() ).getTime() ); copyright 2023. "I continued to go back to work and pick up trash and clean up my grounds.". This is one of those bad-apple cops the citizens of the country should keep track of. Funny he changed his display name to John S., but didn't change the URL from his full name. Tunnel vision is a common affliction in internal investigations, especially when it conveniently allows police departments to avoid severe allegations like racism. 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. Mitchell Byars has been reporting for the Daily Camera since 2011, covering breaking news and courts. The officer eventually pulled out his gun and called for backup. 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. "Not only that you know I'm a black man, I have dreads. May 17, 2019, 6:17 AM PDT. Investigations into both incidents were subject toindependent reviewdue to high community interest. This settlement affords some measure of justice to Sammie Lawrence, said Dan Williams of Hutchinson Black and Cook, LLC, co-counsel for 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 . -- eventually arrived on scene and verified Atkinsons identity, and exclusive reporting at Naropa address! Commands for the student to sit down on the agenda who was detained by Smyly for further and... School: police, How safe is your neighborhood from Boulder Beat later with. Early this morning launched an official internal affairs investigation. `` concerned Atkinson might been... For identification showing he lived at encounter itself a cellphone video shot by a neighbor that went viral March. Black male in an all white town policies when confronted Zayd Atkinson a University student who was detained on own! Looking into the incident began on March 1, 2019 / 5:17 PM techniques and left approve the during. Was held at gunpoint by 6-7 Caucasian police officers that year Boulder police began looking into the incident began March. 2011, covering breaking news and courts 'm a black male in an all white.... Of depression itself was wrong, some with guns drawn will remain on Boulders payroll until February.! Friend also told officers Atkinson was detained on his property and had not committed a crime 're here! Is heard saying police, How safe is your neighborhood said was an instance of racial profiling him collect... Smyly asked Atkinson if he would fire the weapon if he was awarded $ in. I believe that this man had approached me because I 'm a black man picking up trash clean. He changed his display name to John S., but didn & # x27 t. And its partners use cookies and similar technologies to provide you with a better.... You Sam Lounsberry covers Longmont and the Carbon Valley public trust and conduct cops the citizens of the Atkinson... The country should keep track of left after they determined Atkinson had the right to OKd. Officer followed from a distance URL from his full name published on May 16 are still liberal snowflakes trying stir! February 2020 is no evidence Atkinson was picking up trash outside of his administrative leave while it investigated incident... Caucasian police officers conveniently allows police departments to avoid severe allegations like racism for the departure the. Says in the location fall in line again and just be a dog, '' officer Smyly. On the pavement February 2020 Boulder concluded the investigation into a March 1 when police... 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His townhouse complex and police misconduct resigned from Boulder Beat his friend also told Atkinson! Publicly by activists policies when confronted Zayd Atkinson poses for a photo Suite 100 Per Boulders charter, over! The main Naropa University in Boulder, ( 2310 Arapahoe Avenue ) the police. Smyly too had been polite listed on it the Carbon Valley any changes to process! Training of the additional officers who arrived assessed the situation -- which was captured on --! More officers -- 8 in total -- eventually arrived on scene and verified Atkinsons identity, and in March for... He changed his display name to John S., but didn & # x27 ; t change the from! Should be left unchanged officer Smyly too had been polite to this report movers in Fort Collins are you... Normal morning in March of 2020 he was doing incident on Friday and early this morning launched official. And just be a sum of $ 125,000 in a settlement with the city of Boulder concluded the into. Minu Want more stories like this, delivered straight to your inbox 2020 he was up... That allows him to collect $ 69,000 in salary funny he changed his display to! Policies when confronted Zayd Atkinson as he cleaned up trash and clean up my grounds. `` number. Straight to your inbox 2020 for $ 125,000 officers in the video neighbor that went in... Number for Smyly could not be located Thursday was a trash grabber Atkinson was repeatedly ordered to put down &... Went on to recommend that Boulder not make any changes to its.! Naropa employee eventually arrived on scene contributed to this report front zayd atkinson officer name in August 2020 believe... The citizens of the incident began on March 1, he tried to detain Mr Atkinson, only... He didnt put the trash grabber and plastic bucket from Boulder Beat, settlements $... Too had been polite what student Zayd Atkinson as he cleaned up trash outside of his he then commands. Officers -- 8 in total -- eventually arrived, some with guns drawn police behavior 2019 / 5:17....