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 resigned on Wednesday before the start of a planned administrative hearing into the matter. That identification card, the same size as a driver's license or credit card, displayed Mr. Atkinson's name and photo. The officer eventually pulled out his gun and called for backup. 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. Zayd Atkinson, a student at Naropa University in Boulder, . This report is an executive summary of a personnel investigation into the allegation of serious misconduct involving a Boulder Police Officer. Class 1 Professional Standards investigation for alleged violation of: "I was not going to just fall in line again and just be a dog," Atkinson told CBS4 on Thursday. Finally, police confirm his story by asking someone else if he does, in fact, live there. Create a free website or blog at WordPress.com. Prolonged litigation will adversely impact those efforts. Zayd Atkinson, 26, told ABC News he's still fighting to overcome the "traumatic experience" of being racially profiled by Colorado police officers. . Atkinson. According to the police report, Smyly asked Atkinson if he lived there and Atkinson said he did, and provided his Naropa student ID. Atkinson repeats he's provided his identification but Smyly wants more proof. 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 . Smyly resigned under an agreement that allows him to collect $69,000 in salary. After other officers arrived Atkinson berated them for many minutes for their response to a non-situation. 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. 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. Outside review validated BPDs procedures. ", 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. 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. Mr. Atkinson was picking up trash on his property and had not committed a crime. Telephone: 303-578-4400 Boulder City Attorney Tom Carr and Atkinson's attorneys at Rathod Mohamedbhai LLC issued a joint statement on Thursday. He then begins commands for the student to sit down on the pavement . Naropa University student Zayd Atkinson speaks about being racially profiled by a Boulder Police officer for picking up trash with a wand on his own property. Smyly resigned prior to the conclusion of the disciplinary process, but police indicated the process would have likely resulted in suspension or termination. This is incredibly frustrating to watch. Mr. Atkinson was repeatedly ordered to put down his "weapon" which was a trash grabber and plastic bucket. While he said he appreciates Boulder police releasing the numbers, he believes real change is still years away. 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. Copyright 2023 ABC News Internet Ventures. Lawrence's arrest came later and with less fanfare. Atkinson." The city added that Smyly resigned . 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. By Ben Kesslen. Click here to read this article in its entirety at www.bouldercolorado.com, Rathod | Mohamedbhai LLC The Boulder police officer who confronted a black Naropa student picking up trash outside his residence in March was . April 5, 2019. 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? Once the additional officers who arrived assessed the situation, they used appropriate de-escalation techniques and left. but it can also be stressful. "I'm just checking to make sure that you have a right to be here, that's all. Mitchell Byars has been reporting for the Daily Camera since 2011, covering breaking news and courts. 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.". Mr. Atkinson was picking up trash. 2701 Lawrence Street, Suite 100 Boulder Beat. A cellphone video shot by a neighbor that went viral in March showed Smyly holding his weapon amid the confrontation. 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 report released with the body camera footage noted the officer did not have authority to detain Mr Atkinson, or probable cause to . We offer these observations so that the city does not take action that inadvertently and irretrievably breaks a system that did not need fixing.. 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. 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. 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. 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 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 . 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. 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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. Copyright 2023 KGO-TV. Printed By: RAABP1, 05/14/2019 12:19 Page 4 R_CS3NC REPORTING . The officer requested backup and followed him, ordering him to sit down. Covering City Council and Sundry, with flair, Sunday, Jan. 2, 2022 (Updated Tuesday, Jan. 4). "I had not done anything illegal therefore there was no reason for me to comply," Atkinson told "GMA." 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 body camera videos, the police reports and dispatch tapes related to the incident are available at https://t.co/Luru5y5XJk pic.twitter.com/1vquVsUp7u. In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. ", 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. Atkinson said he's had trouble sleeping since the incident. 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. 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. He found none. "He's at home being paid for racially profiling Zayd for illegally stopping him and for threatening his life.". But with the question about which specific unit he lived in, Mr. Atkinson paused, looked around, and began to become exasperated.. 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. The incident began on March 1 when Boulder Police officer John Smyly approached Zayd Atkinson as he cleaned up trash outside his townhouse complex. "It definitely brings fear to my heart knowing that some people don't survive. Email your thoughts to, established a new citizen oversight group. 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. The officer who confronted Atkinson resigned from the Boulder Police Department, and the Department enhanced oversight . / CBS Colorado. 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. 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. In the wake of the incident, Boulder City Council formed a committee to explore a police oversight committee. On March 1 Smyly stopped Atkinson while he was picking up trash next to the building he lives in using a pole and asked him numerous questions. HuffPost reports that Officer John Smyly violated two department policies when confronted Zayd Atkinson, including public trust and conduct. He asked Smyly if he would fire the weapon if he didnt put the trash grabber down. "Give him his ID back and we're outta here," one of the officers is heard saying. Denver, Colorado 80205 Video and reports of the incident, during which Atkinson was repeatedly asked for identification showing he lived at . 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. Lawrence, in a prepared statements. 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. 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. 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. At the time I had a beard and I was wearing raggedy clothes.". 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 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 . You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. Whether movers in Fort Collins are helping you Boulder Police Department / Courtesy photo. 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. "You're an idiot. 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. PUBLISHED: May 16, 2019 at 9:28 a.m. | UPDATED: May 16, 2019 at 11:48 a.m. 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. The film centers on a recent incident that made headlines around the world: In March 2019, Boulder police officer John Smyly confronted and, ultimately, pointed his gun at Zayd Atkinson, a Black man and a student at Naropa University who was picking up trash outside of his dorm as part of his work-study job. This wasn't enough for Officer Smyly. 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. ), Want more stories like this, delivered straight to your inbox? May 16, 2019 / 5:17 PM 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 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.). Smyly asked Atkinson if he was permitted to be in the location. 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. The city on Thursday announced the settlement but did not include the terms in a news release. 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. "It was a frightening experience. 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. and our During this period, the officer was alone with Mr. Atkinson., Im picking up trash and youre holding a gun. approval of past meeting minu, which historically does not receive discussion. 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. The city is committed to learning from this incident and moving forward to become a safer, more welcoming, and respectful place for all.. 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 Boulder police officer has resigned following a confrontation with a black college student who was picking up trash in his yard. . By Breanna . Hogwash! "There are instances like this where people don't come out alive. It has historically had problems with minority communities," Rathod said. Smyly, a 14-year veteran of the department, resigned from active duty on May 16. This field is for validation purposes and should be left unchanged. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); True life tales of a homeless man in Boulder, CO. Atkinson was detained by Smyly for further investigation and he made a call for backup. . "Well I believe that this man had approached me because I'm a black male in an all-white town," Atkinson said later. In a statement released on Thursday, The city of Boulder announced that an investigation found that Smyly violated two police department policies: On March 1, Officer Smyly approached Zayd Atkinson, 26, at his residence to investigate a possible trespass. 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. 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 City of Boulder concluded the investigation into a March 1, 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. 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 The officers arrived and later left after they determined Atkinson had the right to be there. Atkinson threatened to sue . 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 . 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. Boulder police said there is no evidence Atkinson was racially profiled. "If you or I were to do this, we would be criminally charged. 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. Smyly also threatened to use his stun gun on Atkinson because he "had a weapon," referring to Atkinson's pole. This settlement affords some measure of justice to Sammie Lawrence, said Dan Williams of Hutchinson Black and Cook, LLC, co-counsel for 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. Bodycam footage of the incident emerged and sparked outrage. Prolonged litigation will adversely impact those efforts. The subject officer notified dispatch and initiated what he described as a consensual contact.. Under a settlement with the city, Smyly will remain on Boulders payroll until February 2020. But Troyers report went on to recommend that Boulder not make any changes to its process. "Boulder police began looking into the incident on Friday and early this morning launched an official internal affairs investigation.". Fax: 303-578-4401. Examined. Several officers responded, including a supervisor, according to the police department. 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. Several officers responded, including a supervisor, according to the police department. 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 address. Atkinson walked away, the subject officer followed from a distance. When demonstrators took to the . 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. He and his lawyer, Siddhartha Rathod, spoke to "Good Morning . 2019 CBS Broadcasting Inc. All Rights Reserved. He said he still hasn't received an apology, and the new report is just Boulder police's way of covering their backs. Officers in the two cases resigned from Boulder Police Department. Executive Summary. 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. First published on May 16, 2019 / 5:17 PM. 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. 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. 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. 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. 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. 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. 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. They are precious, and they are very hard to repair once broken. Your email address will not be published. Mr. Atkinson should not have been stopped. In a viral video, Atkinson was confronted by a police officer while he was picking up trash outside of his . All Rights Reserved. Atkinison sued, and in March of 2020 he was awarded $125,000 in a settlement with the City of Boulder. . "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. Atkinson was behind a private property sign and . 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 . Smyly contacted Atkinson March 1 outside Naropa student housing at 2333 Arapahoe Ave. as Atkinson was picking up trash with a long metal claw. He drew his handgun after Mr. Atkinson stopped behind the building out of sight of the street. 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. Zayd gave his name and confirmed that he lived at the location. 2701 Lawrence Street, Suite 100 Was there a perspective we missed, or facts we didnt consider? 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. Here, the PSU sergeant and command staff did not succumb to it.. Living at Kimberly Court can seem like living in the most convenient location in Boulder. The process and its application in this particular case strongly indicate that internal affairs at BPD aint broke. But sometimes there's just no excuse for police behavior. "I was suffering with a lot of anxiety, a lot of depression. Click here to sign up for a weekly newsletter, from Boulder Beat. "I couldn't help but notice you sitting on the patio out there," officer John Smyly says in the video. I asked Atkinson if he had anything with his address listed on it. Newly-released body camera video shows how it all started. 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. . 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. Reporting Officer: SMYLY, J. I thoroughly believe I was profiled," Atkinson said. Officer Smyly, an Anglo male, decided to question why Zayd Atkinson was there. All rights reserved. <p>In this undated photo provided by lawyer Siddhartha Rathod, Zayd . 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. The Moving can be an exciting experience. . 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. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo . Per Boulders charter, settlements over $10,000 have to be OKd by city council. John Smyly, the Boulder, Colorado, officer who initiated contact with Zayd Atkinson that resulted in a tense interaction where several officers drew their guns, was allowed to resign. The officer, John Smyly, resigned with a severance package, as the City Council and community members were troubled by the incident. I'm freaking picking up trash on my property which is where I live. Get browser notifications for breaking news, live events, and exclusive reporting. Help make the Beat better. For more information, please see our 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. 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. It is city policy that settlements involving payments exceeding $10,000 require Council approval. I'm not doing anything illegal, and you're not going to f------ tase me," Atkinson said in the video. The encounter led to allegations of racial profiling and police misconduct. Telephone: 303-578-4400 According to the police report, Smyly asked Atkinson . Original Post: . 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Differences Between Official And Unofficial Industrial Action,
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