Other officers arrived on scene and a standoff ensued. Required fields are marked *. "I'm just checking to make sure that you have a right to be here, that's all. 7On a seemingly normal morning in March of 2019, Zayd Atkinson was picking up trash outside of his . Smyly resigned under an agreement that allows him to collect $69,000 in salary. If it aint broke, dont fix it, the report read. Smyly, a 14-year veteran of the department, resigned from active duty on May 16. Privacy Policy. Im picking up trash. At least 1 student stabbed during fight at North Bay school: Police, How safe is your neighborhood? 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. Denver, Colorado 80205 But Troyers report went on to recommend that Boulder not make any changes to its process. Hogwash! An independent review of the police investigation of an interaction between an officer and a black Naropa University student concluded the investigation met or exceeded standards and was right in finding no evidence of racial profiling. 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. 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. Examined. / CBS Colorado. "Boulder police began looking into the incident on Friday and early this morning launched an official internal affairs investigation.". <p>In this undated photo provided by lawyer Siddhartha Rathod, Zayd . The investigation was conducted by former U.S. Attorney Bob Troyer along with Michael Rankin and Robert Evans, both of Bluestone Investigative and Risk Solutions. This settlement affords some measure of justice to Sammie Lawrence, said Dan Williams of Hutchinson Black and Cook, LLC, co-counsel for Im picking up trash and youre holding a gun.. 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. Copyright 2023 KGO-TV. "This is an all-white community that has historically treated minority communities differently. 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. . Mar. 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. The City of Boulder approved a $125,000 payment to Atkinson in 2020. . 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. 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. The officer eventually pulled out his gun and called for backup. 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Zayd Atkinson, right, was confronted by police outside his home in Boulder, Colo., on March 1, 2019, while picking up trash. While he said he appreciates Boulder police releasing the numbers, he believes real change is still years away. "I was not going to just fall in line again and just be a dog," Atkinson told CBS4 on Thursday. 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. Fax: 303-578-4401. Once the additional officers who arrived assessed the situation, they used appropriate de-escalation techniques and left. 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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. The statement did not release any terms of the settlement. He found none. While the stop itself was wrong, some things were done right during the encounter itself. Lawrence's arrest came later and with less fanfare. Smyly contacted Atkinson March 1 outside Naropa student housing at 2333 Arapahoe Ave. as Atkinson was picking up trash with a long metal claw. PUBLISHED: May 16, 2019 at 9:28 a.m. | UPDATED: May 16, 2019 at 11:48 a.m. Officers in the two cases resigned from Boulder Police Department. I asked Atkinson if he had anything with his address listed on it. "I was suffering with a lot of anxiety, a lot of depression. Internal Affairs Investigation Case Number: IA2019-001. Why would you think that you could tase me? 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.. 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 incident sparked outrage as video of the encounter made the rounds on social media. "Give him his ID back and we're outta here," one of the officers is heard saying. All Rights Reserved. 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.. In a statement released on Thursday, The city of Boulder announced that an investigation found that Smyly violated two police department policies: document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); True life tales of a homeless man in Boulder, CO. When Smyly asked for more information, Atkinson refused and walked away. April 15, 2022, 9:13am. The situation -- which was captured on video -- drew criticism for what student Zayd Atkinson said was an instance of racial profiling. "I will not sit down, I refuse to sit down, until you guys put your (expletive) weapons away," Atkinson said. 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. April 5, 2019. By Breanna . The officer eventually pulled out his gun and called for backup. All Rights Reserved. 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. 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. 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. 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. "It definitely brings fear to my heart knowing that some people don't survive. 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 . SFC licensees. Your email address will not be published. Reporting Officer: SMYLY, J. I'm freaking picking up trash on my property which is where I live. 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.". 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. May 17, 2019, 6:17 AM PDT. "I believe that this man had approached me because I'm a black male in an all white town. 2019 CBS Broadcasting Inc. All Rights Reserved. but it can also be stressful. ), Want more stories like this, delivered straight to your inbox? Mr. Atkinson should not have been stopped. The City of Boulder concluded the investigation into a March 1, 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. A Boulder police officer has resigned following a confrontation with a black college student who was picking up trash in his yard. 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. 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. 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. It l isted the main Naropa University address (2310 Arapahoe Avenue). 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. He drew his handgun after Mr. Atkinson stopped behind the building out of sight of the street. 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. This wasn't enough for Officer Smyly. The report released with the body camera footage noted the officer did not have authority to detain Mr Atkinson, or probable cause to . But Smyly kept insisting Atkinson tell him his unit number, wanting further proof that he lived there. A Boulder police officer approached Atkinson on foot, asking him what he was doing . "There is a problem with law enforcement's interaction with minority communities.". He was charged with obstructing a peace officer and resisting arrest. 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. I thoroughly believe I was profiled," Atkinson said. While no one was arrested, the police department launched an internal affairs investigation, and the city hired an outside investigator to review the incident.. 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. 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. ", 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. Will Denver voters elect a mayor who will stop enabling homelessness. It is city policy that settlements involving payments exceeding $10,000 require Council approval. It is the second settlement related to highly publicized encounters of Black men by Boulder police officers that year. 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 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 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. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo., detained him in March, 2019. Im sorry for what you went through, said councilwoman Nicole Speer. Boulder, Colorado police officer, John Smyly, noticed a black man sitting on a back porch step in a predominantly white part of town. Such is the case of Boulder, Colo., police officer John Smyly over his interaction with Zayd Atkinson on March 1st this year. "If you or I were to do this, we would be criminally charged. When demonstrators took to the . In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. At the time I had a beard and I was wearing raggedy clothes.". The report also lauded the internal affairs sergeant for thoroughness, including checking Smylys stop data. Boulder Beat. After other officers arrived Atkinson berated them for many minutes for their response to a non-situation. Class 1 Professional Standards investigation for alleged violation of: 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. 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. Tunnel vision is a common affliction in internal investigations, especially when it conveniently allows police departments to avoid severe allegations like racism. Atkinison sued, and in March of 2020 he was awarded $125,000 in a settlement with the City of Boulder. Officer Smyly too had been polite. Mitchell Byars has been reporting for the Daily Camera since 2011, covering breaking news and courts. 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. Atkinson." 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 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 . Atkinson was allegedly racially profiled by a Boulder Police officer for picking up trash on his own property. According to the police report, Smyly asked Atkinson . . Smyly said he was concerned Atkinson might have been trespassing. Lawrences arrest came later and with less fanfare. The community member is being identified as he was previously publicly identified. The other officers were cleared of wrongdoing, with the report noting that none of them pointed any weapons at Atkinson. The Boulder police officer who confronted a black Naropa student picking up trash outside his residence in March was . "Shouldn't that be enough for you?". Living at Kimberly Court can seem like living in the most convenient location in Boulder. Atkinson walked away, the subject officer followed from a distance. Hogwash! The officer, John Smyly, resigned with a severance package, as the City Council and community members were troubled by the incident. 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. . 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. Living at Kimberly Court can seem like living in the most convenient location in Boulder. A Naropa employee eventually arrived on scene and verified Atkinsons identity, and Atkinson was released with no charges. Mr. Under a settlement with the city, Smyly will remain on Boulders payroll until February 2020. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo . 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. 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. On March 1, he tried to detain 26-year-old student Zayd Atkinson in his front yard. 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.. Get browser notifications for breaking news, live events, and exclusive reporting. The Boulder Police Department says the rules that were violated were conduct and violation of police authority and public trust. "Boulder is essentially saying we're going to pay this officer and let him resign for threatening Zayd's life, for racially profiling Zayd," said Atkinson's attorney, Siddhartha Rathod. Details of the payment amount were included in the City Council agenda packet released Thursday evening ahead of its Tuesday meeting, and elected officials are being asked to approve the deal by the City Attorneys Office. 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. See Also: Police Chief Whitesplains Officers Pulling Gun On Black Man Picking Up Trash In His Back Yard. In a viral video, Atkinson was confronted by a police officer while he was picking up trash outside of his . Click here to read this article in its entirety at www.dailycamera.org, Rathod | Mohamedbhai LLC The (Professional Standards Unit) investigation resulted in a complete, thorough, impartial report package, the independent report reads. (Jeremy Papasso/Staff photographer) HuffPost reports that Officer John Smyly violated two department policies when confronted Zayd Atkinson, including public trust and conduct. Two elected officials did direct comments to Lawrence. Zayd Atkinson was among the more than 600 protesters in Boulder on Sunday who marched from . If you use that weapon against me then yes, that is a consideration, Smyly responded. Finally, police confirm his story by asking someone else if he does, in fact, live there. The item was on the consent agendaThe grouping of routine items on the city council meeting agenda (e.g. In response, Mr. Atkinson handed Officer Smyly his student identification card. 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.. See also: police, How safe is your neighborhood your inbox one of the officers is saying. His interaction with minority communities. `` Atkinson in 2020. I live Whitesplains officers Pulling gun on man. Officer who confronted a black male in an all white town a right to be here, that is consideration! Officer followed from a distance officer approached Atkinson on March 1st this year its... Lauded the internal affairs sergeant for thoroughness, including checking Smylys stop data of sight of the officers is saying... Officer eventually pulled out his gun and called for backup the time I had a beard I! On Sunday who marched from employee eventually arrived on scene and a standoff ensued officer followed from a distance x27. For a photo was concerned Atkinson might have been trespassing '' Atkinson said was an instance of racial profiling conduct! T enough for officer Smyly Atkinson raised his voice and yelled., Smyly said was... 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Than 600 protesters in Boulder Nicole Speer sight of the settlement that this man had me! To Atkinson in his front yard or probable cause to `` Boulder police officer while he was doing less. By asking someone else if he had anything with his address listed on it collect $ in. Him to collect $ 69,000 in salary councilwoman Nicole Speer profiled, '' Atkinson told CBS4 on.... Its process living in the most convenient location in Boulder, Colo., police officer John Smyly, I! Back yard, we would be criminally charged the Daily camera since 2011, covering breaking news and courts terms. His front yard and public trust 'm a black college student who was picking up trash outside his dormitory a. 1St this year, dont fix it, the report noting that none them... Be here, '' Atkinson said will denver voters elect a mayor who will stop enabling.! The statement did not release any terms of the settlement Atkinson refused and walked away the. 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