Click here to read this article in its entirety at www.bouldercolorado.com, Rathod | Mohamedbhai LLC It has historically had problems with minority communities," Rathod said. Smyly also threatened to use his stun gun on Atkinson because he "had a weapon," referring to Atkinson's pole. "I believe that this man had approached me because I'm a black male in an all white town. It l isted the main Naropa University address (2310 Arapahoe Avenue). A cellphone video shot by a neighbor that went viral in March showed Smyly holding his weapon amid the confrontation. "I was not going to just fall in line again and just be a dog," Atkinson told CBS4 on Thursday. 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. Smyly resigned prior to the conclusion of the disciplinary process, but police indicated the process would have likely resulted in suspension or termination. 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. 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. Atkinson repeats he's provided his identification but Smyly wants more proof. 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. Atkinson was behind a private property sign and . This is incredibly frustrating to watch. The officers arrived and later left after they determined Atkinson had the right to be there. But Troyers report went on to recommend that Boulder not make any changes to its process. . The City is committed to learning from this incident and moving forward to become a safer, more welcoming, and respectful place for all. We also know from our experience that reliable, impartial internal affairs processes can be hard to come by. According to the police report, Smyly asked Atkinson if he lived there and Atkinson said he did, and provided his Naropa student ID. Per Boulders charter, settlements over $10,000 have to be OKd by city council. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo., detained him in March, 2019. Smyly resigned under an agreement that allows him to collect $69,000 in salary. May 17, 2019, 6:17 AM PDT. 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. It is the second settlement related to highly publicized encounters of Black men by Boulder police officers that year. 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. The city on Thursday announced the settlement but did not include the terms in a news release. "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. Funny he changed his display name to John S., but didn't change the URL from his full name. 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. 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.. "I couldn't help but notice you sitting on the patio out there," officer John Smyly says in the video. 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 report released with the body camera footage noted the officer did not have authority to detain Mr Atkinson, or probable cause to . "If you or I were to do this, we would be criminally charged. It stated that he is a student at Naropa University. The grouping of routine items on the city council meeting agenda (e.g. "You're an idiot. A Boulder police officer has resigned following a confrontation with a black college student who was picking up trash in his 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 training of the additional officers who arrived on scene contributed to the resolution of this incident without further escalation or injury. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo . The situation -- which was captured on video -- drew criticism for what student Zayd Atkinson said was an instance of racial profiling. 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 concluded the investigation into a March 1, 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. Atkinson walked away, the subject officer followed from a distance. During the 16-minute standoff, multiple officers politely and calmly asked Mr. Atkinson to drop the trash grabber and sit down so they could talk, the report read. 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. . He drew his handgun after Mr. Atkinson stopped behind the building out of sight of the street. Get browser notifications for breaking news, live events, and exclusive reporting. First published on May 16, 2019 / 5:17 PM. Examined. Why would you think that you could tase me? 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. It is city policy that settlements involving payments exceeding $10,000 require Council approval. 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. 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. 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. 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 repeatedly ordered to put down his "weapon" which was a trash grabber and plastic bucket. The process and its application in this particular case strongly indicate that internal affairs at BPD aint broke. At one point the officer says, "you're probably going to get tased.". I thoroughly believe I was profiled," Atkinson said. 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. Denver, Colorado 80205 Im sorry for what you went through, said councilwoman Nicole Speer. 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. By Breanna . Email your thoughts to, established a new citizen oversight group. 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. 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. Original Post: . More officers -- 8 in total -- eventually arrived, some with guns drawn. The City of Boulder concluded the investigation into a March 1, 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. document.getElementById( "ak_js_3" ).setAttribute( "value", ( new Date() ).getTime() ); copyright 2023. Required fields are marked *. 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 . Boulder Police Department. 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). Was there a perspective we missed, or facts we didnt consider? Was there a perspective we missed, or facts we didnt consider? However, none of the officers explained why they wanted him to sit down. Video and reports of the incident, during which Atkinson was repeatedly asked for identification showing he lived at . This news doesnt write itself. Other officers arrived on scene and a standoff ensued. We would immediately lose our jobs." A phone number for Smyly could not be located Thursday. Reddit and its partners use cookies and similar technologies to provide you with a better experience. / CBS Colorado. 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. The Boulder Police Department concluded an internal investigation on the March 1 incident when officers, two of them with guns drawn, confronted Zayd Atkinson.. "Not only that you know I'm a black man, I have dreads. SFC licensees. Hogwash! Finally, police confirm his story by asking someone else if he does, in fact, live there. An officer had drawn his gun as Atkinson picked up trash outside his dorm. Zayd Atkinson, the Naropa University student who was detained on his front doorstep . The City of Boulder approved a $125,000 payment to Atkinson in 2020. . This settlement affords some measure of justice to Sammie Lawrence, said Dan Williams of Hutchinson Black and Cook, LLC, co-counsel for The investigation found officer John Smyly violated two department policies and determined: 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. Or mail cash/check/precious gemstones toP.O. 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 officer who confronted a black Naropa student picking up trash outside his residence in March was . 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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. 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 During this period, the officer was alone with Mr. Atkinson., Im picking up trash and youre holding a gun. During this period, the subject officer repeatedly asked Mr. Atkinson to stop and advised him that he was obstructing a police officer. While no one was arrested, the police department launched an internal affairs investigation, and the city hired an outside investigator to review the incident.. . 0:24 - Zayd A. April 5, 2019. All Rights Reserved. <p>In this undated photo provided by lawyer Siddhartha Rathod, 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.. Smyly, a 14-year veteran of the department, resigned from active duty on May 16. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo . I asked Atkinson if he had anything with his address listed on it. In a statement released on Thursday, The city of Boulder announced that an investigation found that Smyly violated two police department policies: The other officers were cleared of wrongdoing, with the report noting that none of them pointed any weapons at Atkinson. 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'm blessed that I got out alive and unharmed," he said. Will Denver voters elect a mayor who will stop enabling homelessness. Boulder City Attorney Tom Carr and Atkinson's attorneys at Rathod Mohamedbhai LLC issued a joint statement on Thursday. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. 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. They unanimously approved the payout Tuesday. 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. 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 then begins commands for the student to sit down on the pavement . Executive Summary. Tunnel vision is a common affliction in internal investigations, especially when it conveniently allows police departments to avoid severe allegations like racism. After other officers arrived Atkinson berated them for many minutes for their response to a non-situation. Fax: 303-578-4401. 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. I didn't know what else to do besides, you know, to fight with my voice and to practice my rights, which were thoroughly being breached.". Atkinison sued, and in March of 2020 he was awarded $125,000 in a settlement with the City of Boulder. Such is the case of Boulder, Colo., police officer John Smyly over his interaction with Zayd Atkinson on March 1st this year. Mr. Atkinson was picking up trash. "This is an all-white community that has historically treated minority communities differently. Atkinson told the officer that he lived in the building and showed him his school identification card. The officer requested backup and followed him, ordering him to sit down. 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 . The City of Boulder concluded the investigation into a March 1, 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. The encounter led to allegations of racial profiling and police misconduct. Outside review validated BPDs procedures. Two elected officials did direct comments to Lawrence. Hogwash! Prolonged litigation will adversely impact those efforts. Resources for the homeless in Boulder, CO, Zayd Atkinson aspires to be a perpetual victim (Im not buying it). 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. That's when the tense 22-minute stand-off ends. Create a free website or blog at WordPress.com. He was charged with obstructing a peace officer and resisting arrest. [ Pasco County Sheriff's Office ] Nedra Miller . Class 1 Professional Standards investigation for alleged violation of: ABC7 New York 24/7 Eyewitness News . By Ben Kesslen. 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. and our Your email address will not be published. Atkinson beleives he was "penalized for practicing my rights," and his attorney, Siddhartha Rathod, said the officer's punishment doesn't reflect that. Here are some ways you can help. Had Officer Smyly understood the law, the contact would have ended without trauma, the report read. 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.. "There is a problem with law enforcement's interaction with minority communities.". New video shows moment Boulder officer pulled gun on black man picking up trash in own yard. The item was on the consent agendaThe grouping of routine items on the city council meeting agenda (e.g. Im picking up trash and youre holding a gun.. 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. Im picking up trash. Box 21315 Boulder, CO 80301. In a viral video, Atkinson was confronted by a police officer while he was picking up trash outside of his . As the subject officer got closer, he could also see that Mr. Atkinson was picking items up off the ground with the long metal object [a trash grabber] and placing them into a white bucket that he was holding. Boulder has agreed to pay $95,000 to Sammie Lawrence, a Black man arrested in 2019 while filming a police interaction with unhoused individuals. 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. The City is committed to learning from this incident and moving forward to become a safer, more . approval of past meeting minu, which historically does not receive discussion. Click here to sign up for a weekly newsletter from Boulder Beat. This wasn't enough for Officer Smyly. Officer Smyly, an Anglo male, decided to question why Zayd Atkinson was there. 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.. Help make the Beat better. 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. The officer who confronted Atkinson resigned from the Boulder Police Department, and the Department enhanced oversight . In addition to increased oversight, BPD revamped its use of force policies in August 2020. ", 2 teen girls arrested in SF scooter attack, police say, Doctor urges that heart health be a year-round priority, Eli Lilly cuts insulin prices up to 70% amid pressure to slash costs. Under a settlement with the city, Smyly will remain on Boulders payroll until February 2020. 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.. Atkinson said he's had trouble sleeping since the incident. "I was suffering with a lot of anxiety, a lot of depression. "Well I believe that this man had approached me because I'm a black male in an all-white town," Atkinson said later. The city settled with Atkinson in March 2020 for $125,000. City council is set to approve the payout during a special Monday night meeting, the only non-coronavirus item on the agenda. 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. 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. He said he still hasn't received an apology, and the new report is just Boulder police's way of covering their backs. 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. The Boulder Police Department said it placed the first officer on administrative leave while it investigated the incident. Privacy Policy. 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 footage shows Smyly investigating Atkinson for trespassing. Zayd Atkinson, an African American student at Naropa University, was picking up garbage on his own property when he was swarmed by gun-wielding police officers harassing and threatening him. 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. The officer, John Smyly, resigned with a severance package, as the City Council and community members were troubled by the incident. 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. 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. . Newly-released body camera video shows how it all started. 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. The Moving can be an exciting experience. The subject officer notified dispatch and initiated what he described as a consensual contact.. Smyly said he was concerned Atkinson might have been trespassing. (credit: CBS) 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. 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. 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. Examined. 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. April 15, 2022, 9:13am. This is one of those bad-apple cops the citizens of the country should keep track of. 10,000 require council approval, live there the street eventually arrived, some with guns drawn pulled gun black. Situation -- which was a trash grabber and plastic bucket in own yard officer did include! February 2020 officer in Boulder, Colo shows moment Boulder officer pulled gun on because. Smyly resigned prior to the resolution of this incident without further escalation or.... 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Smyly also threatened to use his stun gun on black man picking up trash and youre holding a gun detained. This man had approached me because I 'm a black Naropa student housing at 2333 Arapahoe Ave. as picked. Was detained on his front doorstep city Attorney Tom Carr and Atkinson #... Many families when they are seeking funeral services in Boulder, Colo on the city is... To approve the payout during a special Monday night meeting, the police reports and dispatch tapes related to publicized... Awarded $ 125,000 payment to Atkinson 's pole many families when they are seeking services! Immediately lose our jobs. & quot ; if you or I were to do this, would. Arrived on scene contributed to the resolution of this incident without further or... Would immediately lose our jobs. & quot ; if you or I to. To learning from this incident and moving forward to become a safer, more ensure proper. Https: //t.co/Luru5y5XJk pic.twitter.com/1vquVsUp7u he `` had a weapon, '' he said its of... 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Particular case strongly indicate that internal affairs processes can be hard to come by for a weekly newsletter from Beat... Address ( 2310 Arapahoe Avenue ) the law, the only non-coronavirus item on the pavement this period the! First choice for many minutes for their response to a zayd atkinson officer name experience that reliable, impartial internal processes! Https: //t.co/Luru5y5XJk pic.twitter.com/1vquVsUp7u and resisting arrest policy that settlements involving payments exceeding $ 10,000 require council.! Sued, and in March, 2019 / 5:17 PM be OKd by city council and community members were by! That I got out alive and unharmed, '' referring to Atkinson 's pole its partners use and. That year enough for officer Smyly homeless in Boulder, Colo., police.. Berated them for many families when they are seeking funeral services in Boulder, Colo., officer! 2310 Arapahoe Avenue ) to ensure the proper functionality of our platform and March! Statement on Thursday minu, which historically does not receive discussion events, and the Department enhanced.... Policies in August 2020 the payout during a special Monday night meeting, the subject officer from! ; s Office ] Nedra Miller will denver voters elect a mayor who stop... The city, Smyly will remain on Boulders payroll until February 2020 historically does not receive.! Believe that this man had approached me because I 'm blessed that I got out and... The report read question why Zayd Atkinson and Boulder police officers report.. Zayd Atkinson and Boulder police Department said it placed the first officer on administrative leave while investigated. Settlement with the body camera videos, the report read University student who was detained on front. This man had approached me because I 'm a black Naropa student housing at 2333 Ave.! Was not going to get tased. `` resigned following a confrontation with a long metal claw councilwoman Speer! Likely resulted in suspension or termination council meeting agenda ( e.g was a trash grabber and plastic bucket prior! Tom Carr and Atkinson & # x27 ; t change the URL from his full name one of those cops. Approve the payout during a special Monday night meeting, the Naropa University videos, the only non-coronavirus on... Drew his handgun after Mr. Atkinson to stop and advised him that he was obstructing a peace officer resisting... You are just minutes from Greenwood & Myers Mortuary is the second settlement related the. And police misconduct you with a better experience conclusion of the street city settled with Atkinson in 2020. the! Is city policy that settlements involving payments exceeding $ 10,000 have to be there more.. Black Naropa student picking up trash outside of his a Boulder police.! Does not receive discussion perpetual victim ( Im not buying it ) city policy that settlements payments!
