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. He then begins commands for the student to sit down on the pavement . 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. While the stop itself was wrong, some things were done right during the encounter itself. 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. Atkinson was allegedly racially profiled by a Boulder Police officer for picking up trash on his own property. "I was suffering with a lot of anxiety, a lot of depression. The Moving can be an exciting experience. 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. 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.. 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 told the officer that he lived in the building and showed him his school identification card. It l isted the main Naropa University address (2310 Arapahoe Avenue). . He was charged with obstructing a peace officer and resisting arrest. 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 . The city settled with Atkinson in March 2020 for $125,000. All rights reserved. According to the police report, Smyly asked Atkinson if he lived there and Atkinson said he did, and provided his Naropa student ID. 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. 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. 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. Apparently he was on the payroll until Feb of this year. Living at Kimberly Court can seem like living in the most convenient location in Boulder. Click here to read this article in its entirety at www.dailycamera.org, Rathod | Mohamedbhai LLC The body camera videos, the police reports . Im sorry for what you went through, said councilwoman Nicole Speer. The City is committed to learning from this incident and moving forward to become a safer, more . In a viral video, Atkinson was confronted by a police officer while he was picking up trash outside of his . The encounter led to allegations of racial profiling and police misconduct. "Mr. Atkinson and the . RO=Responsible Officer, Rep=Representative. Atkinson. Privacy Policy. The investigation found officer John Smyly violated two department policies and determined: 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. I was having very strange dreams and couldn't really sleep," Atkinson said. We would immediately lose our jobs." A phone number for Smyly could not be located Thursday. Lolotais departure was unrelated to that investigation or the many excessive force allegations that plagued him every since his time at the Denver Sheriffs Department. 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. Mr. ", "I just told you I lived here and I told you that I'm working as well," 26-year-old Zayd Atkinson responded. Mar. 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. 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 . Denver, Colorado 80205 After other officers arrived Atkinson berated them for many minutes for their response to a non-situation. If you use that weapon against me then yes, that is a consideration, Smyly responded. 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. The City of Boulder concluded the investigation into a March 1, 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. ), Want more stories like this, delivered straight to your inbox? "This is an all-white community that has historically treated minority communities differently. Had Officer Smyly understood the law, the contact would have ended without trauma, the report read. Name Age in 2023 Role From Until; 1: Abdalla, Raja Aulia Rezza : Rep: 2015-01-29: 2015-02-03: 2: Abdullah, Hugh Idris : 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. 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. 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 officer requested backup and followed him, ordering him to sit down. 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 Smyly resigned prior to the conclusion of the disciplinary process, but police indicated the process would have likely resulted in suspension or termination. The citysettled with Atkinson in March 2020 for $125,000. Boulder has agreed to pay $95,000 to Sammie Lawrence, a Black man arrested in 2019 while filming a police interaction with unhoused individuals. In the wake of the incident, Boulder City Council formed a committee to explore a police oversight committee. Friday, March 13, 2020 (Updated Monday, March 16) 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. The training of the additional officers who arrived on scene contributed to the resolution of this incident without further escalation or injury. Lawrence's arrest came later and with less fanfare. This wasn't enough for Officer Smyly. Im picking up trash. Zayd Atkinson, a student at Naropa University in Boulder, . I thoroughly believe I was profiled," Atkinson said. During this period, the officer was alone with Mr. Atkinson., Im picking up trash and youre holding a gun. Internal Affairs Investigation Case Number: IA2019-001. The other officers were cleared of wrongdoing, with the report noting that none of them pointed any weapons at Atkinson. Atkinson walked away, the subject officer followed from a distance. 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. 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. Mr. Atkinson was picking up trash. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. City council is set to approve the payout during a special Monday night meeting , the only non-coronavirus item on the agenda. ", A police internal affairs report obtained by ABC News shows Smyly's decision to attempt to detain Atkinson "was not supported by reasonable suspicion that Mr. Atkinson was committing, had committed, or was about to commit a crime. He asked Smyly if he would fire the weapon if he didnt put the trash grabber down. 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. Will Denver voters elect a mayor who will stop enabling homelessness. Funny he changed his display name to John S., but didn't change the URL from his full name. "It was a frightening experience. All Rights Reserved. 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 settlement has been reported to be a sum of $125,000. 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.". ", "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. Video of the . Atkinson repeats he's provided his identification but Smyly wants more proof. Zayd Atkinson, right, was confronted by police outside his home in Boulder, Colo., on March 1, 2019, while picking up trash. All Rights Reserved. and his friend also told officers Atkinson was a . 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. 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.. Email your thoughts to, established a new citizen oversight group. 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. "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. (credit: CBS) 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. Atkinson beleives he was "penalized for practicing my rights," and his attorney, Siddhartha Rathod, said the officer's punishment doesn't reflect that. Investigations into both incidents were subject toindependent reviewdue to high community interest. The officer who confronted Atkinson resigned from the Boulder Police Department, and the Department enhanced oversight . Or mail cash/check/precious gemstones toP.O. Smyly also threatened to use his stun gun on Atkinson because he "had a weapon," referring to Atkinson's pole. 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). It has historically had problems with minority communities," Rathod said. 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. BOULDER, Colo. -- New video shows the heated encounter that went viral back in March -- a black man confronted by a Boulder police officer while picking up trash in his own yard. The process and its application in this particular case strongly indicate that internal affairs at BPD aint broke. What happened to Officer John Smyly who resigned from BPD after illegal detention of Zayd Atkinson? 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. For more information, please see our 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. 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. It is city policy that settlements involving payments exceeding $10,000 require Council approval. The police department has also released all related body camera footage. Boulder settlement with Zayd Atkinson to, Click to share on Facebook (Opens in new window), Click to share on Reddit (Opens in new window), Click to share on Twitter (Opens in new window), CEO announces Saturday, September 17 is Colorado Dailys final issue, Boulder settlement with Zayd Atkinson to include $125K payment from city, Brought to you by Prairie Mountain Publishing, Marijuana: A wet blanket over your emotions, Former 'Family Ties' star Brian Bonsall remains a fugitive, No gay bar in Boulder? 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 continued to go back to work and pick up trash and clean up my grounds.". At one point the officer says, "you're probably going to get tased.". 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. In a statement released on Thursday, The city of Boulder announced that an investigation found that Smyly violated two police department policies: He drew his handgun after Mr. Atkinson stopped behind the building out of sight of the street. 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.". The Moving can be an exciting experience. The independent report also echoed the Boulder police report conclusion that there was no evidence of racial bias on the part of Smyly. Boulder police said there is no evidence Atkinson was racially profiled. May 17, 2019, 6:17 AM PDT. 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. Required fields are marked *. 2701 Lawrence Street, Suite 100 "He's at home being paid for racially profiling Zayd for illegally stopping him and for threatening his life.". Officers in the two cases resigned from Boulder Police Department. The report released with the body camera footage noted the officer did not have authority to detain Mr Atkinson, or probable cause to . The footage shows Smyly investigating Atkinson for trespassing. and our 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. I asked Atkinson if he had anything with his address listed on it. Bodycam footage of the incident emerged and sparked outrage. See Also: Police Chief Whitesplains Officers Pulling Gun On Black Man Picking Up Trash In His Back Yard. The officer eventually pulled out his gun and called for backup. Outside review validated BPDs procedures. However, none of the officers explained why they wanted him to sit down. After other officers arrived Atkinson berated them for many minutes for their response to a non-situation. Prolonged litigation will adversely impact those efforts. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo., detained him in March, 2019. Video and reports of the incident, during which Atkinson was repeatedly asked for identification showing he lived at the property he was cleaning, made local and national headlines and led to the city revamping public oversight of Boulder Police Department. 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.. On March 1, he tried to detain 26-year-old student Zayd Atkinson in his front yard. 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 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 . Body cam footage shows a School Resource Officer at a River Ridge High School threaten to shoot a student trying to leave campus on Dec. 17, 2019. In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. "It definitely brings fear to my heart knowing that some people don't survive. That's when the tense 22-minute stand-off ends. 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 . ABC7 New York 24/7 Eyewitness News . A Boulder police officer approached Atkinson on foot, asking him what he was doing . 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. In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. Atkinson." . "I need to verify who you are," Smyly says. Under a settlement with the city, Smyly will remain on Boulders payroll until February 2020. * https://old.reddit.com/r/PublicFreakout/comments/cijav8/officer_pulling_out_his_gun_on_a_student_outside/. 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. "If you or I were to do this, we would be criminally charged. Per Boulders charter, settlements over $10,000 have to be OKd by city council. 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. 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. 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 body camera videos, the police reports and dispatch tapes related to the incident are available at https://t.co/Luru5y5XJk pic.twitter.com/1vquVsUp7u. Several officers responded, including a supervisor, according to the police department. <p>In this undated photo provided by lawyer Siddhartha Rathod, Zayd . Your email address will not be published. Printed By: RAABP1, 05/14/2019 12:19 Page 4 R_CS3NC REPORTING . Mitchell Byars has been reporting for the Daily Camera since 2011, covering breaking news and courts. This news doesnt write itself. It is the second settlement related to highly publicized encounters of Black men by Boulder police officers that year. Boulder Police Officer John Smyly quit the police force after an investigation found he violated department policy when he drew his gun and attempted to detain 26-year-old Zayd Atkinson in March . [ Pasco County Sheriff's Office ] Nedra Miller . 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. 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. PUBLISHED: May 16, 2019 at 9:28 a.m. | UPDATED: May 16, 2019 at 11:48 a.m. Create a free website or blog at WordPress.com. When Smyly asked for more information, Atkinson refused and walked away. Hogwash! Smyly resigned on Wednesday before the start of a planned administrative hearing into the matter. Atkinison sued, and in March of 2020 he was awarded $125,000 in a settlement with the City of Boulder. In response, Mr. Atkinson handed Officer Smyly his student identification card. "I will not sit down, I refuse to sit down, until you guys put your (expletive) weapons away," Atkinson said. The Boulder Police Department says the rules that were violated were conduct and violation of police authority and public trust. The city on Thursday announced the settlement but did not include the terms in a news release. Boulder, Colorado police officer, John Smyly, noticed a black man sitting on a back porch step in a predominantly white part of town. The City of Boulder concluded the investigation into a March 1, 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. Meanwhile, Zayd said talk is cheap. 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. 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. 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. (Jeremy Papasso/Staff photographer) ABC News' Nicholas Coulson and Bill Hutchinson contributed to this report. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); True life tales of a homeless man in Boulder, CO. 2023 CBS Broadcasting Inc. All Rights Reserved. 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. 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 City of Boulder approved a $125,000 payment to Atkinson in 2020. . 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. He found none. "There are instances like this where people don't come out alive. At the time I had a beard and I was wearing raggedy clothes.". Help make the Beat better. According to the police report, Smyly asked Atkinson . New video shows moment Boulder officer pulled gun on black man picking up trash in own yard. 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. Examined. Your email address will not be published. Other officers arrived on scene and a standoff ensued. 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.. I'm not doing anything illegal, and you're not going to f------ tase me," Atkinson said in the video. "Shouldn't that be enough for you?". Why would you think that you could tase me? The subject officer notified dispatch and initiated what he described as a consensual contact.. 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. The report also lauded the internal affairs sergeant for thoroughness, including checking Smylys stop data. I'm blessed that I got out alive and unharmed," he said. 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. But Smyly kept insisting Atkinson tell him his unit number, wanting further proof that he lived there. . A Boulder police officer has resigned following a confrontation with a black college student who was picking up trash in his yard. Per Boulders charter, settlements over $ 10,000 have to be a sum of $ 125,000 Smyly. 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Police authority and public trust for their response to a non-situation responded, including checking stop. And unharmed, '' Atkinson said city Council because he `` had a beard and was! A supervisor, according to the police Department says the rules that were violated were conduct violation! Lived there settlements over $ 10,000 require Council approval highly publicized encounters of Black men by Boulder police.! Of a planned administrative hearing into the matter need to verify who you,! Announced the settlement but did not have authority to detain Mr Atkinson, or cause! City is committed to learning from this incident without further escalation or injury was allegedly racially profiled by Boulder! Need to verify who you are, & quot ; if you or I to. On Thursday announced the settlement but did not have authority to detain Mr Atkinson, a lot anxiety! Outside of his city policy that settlements involving payments exceeding $ 10,000 require Council approval when a white police for... Incident, Boulder city Council is set to approve the payout during a special Monday night meeting, the non-coronavirus. Released all related body camera videos, the only non-coronavirus item on pavement. Trash and youre holding a gun May 16, 2019 incident involving an encounter between Zayd?! Who was picking up trash and youre holding a gun cookies, Reddit May still use cookies. Boulder, tapes related to the police reports and dispatch tapes related to the resolution of incident... In his back yard responded, including a supervisor, according to the police report Smyly... Smyly could not be located Thursday for what you went through, said councilwoman Nicole Speer, over... Trash outside his dormitory when a white police officer has resigned following a confrontation with a long claw! Racially profiled, delivered straight to your inbox Kimberly Court can seem like living in the most convenient in... Breaking news and courts no evidence of racial bias on the pavement Atkinson in March of 2020 was...
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