Such is the case of Boulder, Colo., police officer John Smyly over his interaction with Zayd Atkinson on March 1st this year. 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. The City is committed to learning from this incident and moving forward to become a safer, more . May 17, 2019, 6:17 AM PDT. Copyright 2023 KGO-TV. The officer eventually pulled out his gun and called for backup. Printed By: RAABP1, 05/14/2019 12:19 Page 4 R_CS3NC REPORTING . I thoroughly believe I was profiled," Atkinson said. 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? 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. The city settled with Atkinson in March 2020 for $125,000. May 16, 2019 / 5:17 PM . By Breanna . If it were not for that cellphone footage, would there have been an internal investigation? 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.". Outside review validated BPDs procedures. Prolonged litigation will adversely impact those efforts. 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. The settlement has been reported to be a sum of $125,000. ", "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. 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. Create a free website or blog at WordPress.com. . 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.". [ Pasco County Sheriff's Office ] Nedra Miller . Mr. Atkinson was repeatedly ordered to put down his "weapon" which was a trash grabber and plastic bucket. The City of Boulder concluded the investigation into a March 1, 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. The report also lauded the internal affairs sergeant for thoroughness, including checking Smylys stop data. "I continued to go back to work and pick up trash and clean up my grounds.". 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. 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. Hogwash! Apparently he was on the payroll until Feb of this year. The Boulder Police Department concluded an internal investigation on the March 1 incident when officers, two of them with guns drawn, confronted Zayd Atkinson.. "It definitely brings fear to my heart knowing that some people don't survive. Was there a perspective we missed, or facts we didnt consider? 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. 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 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. Privacy Policy. Class 1 Professional Standards investigation for alleged violation of: The Moving can be an exciting experience. Mr. Atkinson was picking up trash on his property and had not committed a crime. 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. "There are instances like this where people don't come out alive. Lawrence, in a prepared statements. 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? Resources for the homeless in Boulder, CO, Zayd Atkinson aspires to be a perpetual victim (Im not buying it). Mar. First published on May 16, 2019 / 5:17 PM. New video shows moment Boulder officer pulled gun on black man picking up trash in own yard. 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. Smyly asked Atkinson if he was permitted to be in the location. 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. The City of Boulder concluded the investigation into a March 1, 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. Boulder has agreed to pay $95,000 to Sammie Lawrence, a Black man arrested in 2019 while filming a police interaction with unhoused individuals. Boulder City Attorney Tom Carr and Atkinsons attorneys at Rathod Mohamedbhai LLC issued a joint statement on Thursday. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. While no one was arrested, the police department launched an internal affairs investigation, and the city hired an outside investigator to review the incident.. 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. We also know from our experience that reliable, impartial internal affairs processes can be hard to come by. 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. 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. 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. Scroll down for video "The officer's on a paid vacation right now; he's on a taxpayer paid vacation and he's at home being paid now for pointing a gun at a black man," Rathod told "GMA." The police internal investigation concluded Smyly violated department policy during the encounter with Atkinson, and the independent report backed those conclusions, saying Smyly made some pivotal mistakes including asking for Atkinsons date of birth when he was not entitled to that information and mistakenly believing he had reasonable suspicion that a crime was occurring. Smyly resigned prior to the conclusion of the disciplinary process, but police indicated the process would have likely resulted in suspension or termination. 2019 CBS Broadcasting Inc. All Rights Reserved. The report released with the body camera footage noted the officer did not have authority to detain Mr Atkinson, or probable cause to . ", 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. "Well I believe that this man had approached me because I'm a black male in an all-white town," Atkinson said later. Zayd Atkinson was among the more than 600 protesters in Boulder on Sunday who marched from . City council is set to approve the payout during a special Monday night meeting, the only non . Or mail cash/check/precious gemstones toP.O. In the wake of the incident, Boulder City Council formed a committee to explore a police oversight committee. Smyly drew his stun gun and then his handgun as he felt threatened by the trash grabber Atkinson was using. 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.. At least 1 student stabbed during fight at North Bay school: Police, How safe is your neighborhood? Prolonged litigation will adversely impact those efforts. Will Denver voters elect a mayor who will stop enabling homelessness. Smyly resigned on Wednesday before the start of a planned administrative hearing into the matter. Whether movers in Fort Collins are helping you Sam Lounsberry covers Longmont and the Carbon Valley. It l isted the main Naropa University address (2310 Arapahoe Avenue). 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.. All Rights Reserved. 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). 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. Funny he changed his display name to John S., but didn't change the URL from his full name. The officer, John Smyly, resigned with a severance package, as the City Council and community members were troubled by the incident. We should know where he is and if he's allowed to work as a cop or in a field that requires public trust. 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 is committed to learning from this incident and moving forward to become a safer, more welcoming, and respectful place for all.. approval of past meeting minu Want more stories like this, delivered straight to your inbox? 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. A Naropa employee eventually arrived on scene and verified Atkinsons identity, and Atkinson was released with no charges. I'm freaking picking up trash on my property which is where I live. But Troyers report went on to recommend that Boulder not make any changes to its process. 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. Atkinson threatened to sue . Officers in the two cases resigned from Boulder Police Department. 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. 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 body camera videos, the police reports . "This is an all-white community that has historically treated minority communities differently. I'm not doing anything illegal, and you're not going to f------ tase me," Atkinson said in the video. Finally, police confirm his story by asking someone else if he does, in fact, live there. It stated that he is a student at Naropa University. . . But sometimes there's just no excuse for police behavior. 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 . document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); True life tales of a homeless man in Boulder, CO. Mitchell Byars has been reporting for the Daily Camera since 2011, covering breaking news and courts. They said they didn't find any evidence of racial profiling. The City is committed to learning from this incident and moving forward to become a safer, more welcoming, and respectful place for all. According to the police report, Smyly asked Atkinson . The charges were dismissed after Lawrence completed a deferred sentence; he filed suit in March 2021, asserting that his First and Fourth AmendmentChange made to existing documents, resolutions, or ordinances rights had been violated. The Boulder police officer who confronted a black Naropa student picking up trash outside his residence in March was . The City of Boulder concluded the investigation into a March 1, 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. "I was suffering with a lot of anxiety, a lot of depression. According to the police report, Smyly asked Atkinson if he lived there and Atkinson said he did, and provided his Naropa student ID. The process and its application in this particular case strongly indicate that internal affairs at BPD aint broke. 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. "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. Covering City Council and Sundry, with flair, Sunday, Jan. 2, 2022 (Updated Tuesday, Jan. 4). 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 "Boulder police began looking into the incident on Friday and early this morning launched an official internal affairs investigation.". Click here to read this article in its entirety at www.bouldercolorado.com, Rathod | Mohamedbhai LLC and his friend also told officers Atkinson was a . After other officers arrived Atkinson berated them for many minutes for their response to a non-situation. During this period, the subject officer repeatedly asked Mr. Atkinson to stop and advised him that he was obstructing a police officer. "You're an idiot. Im sorry for what you went through, said councilwoman Nicole Speer. Click here to sign up for a weekly newsletter, from Boulder Beat. Here are some ways you can help. Under a settlement with the city, Smyly will remain on Boulders payroll until February 2020. University of Colorado Boulder Officer Drew Matthews (image via department) Under the anonymity of the internet, a University of Colorado Boulder police officer trolled . An officer had drawn his gun as Atkinson picked up trash outside his dorm. Living at Kimberly Court can seem like living in the most convenient location in Boulder. Newly-released body camera video shows how it all started. All Rights Reserved. 2701 Lawrence Street, Suite 100 They unanimously approved the payout Tuesday. What happened to Officer John Smyly who resigned from BPD after illegal detention of Zayd Atkinson? The independent report also echoed the Boulder police report conclusion that there was no evidence of racial bias on the part of Smyly. The incident began on March 1 when Boulder Police officer John Smyly approached Zayd Atkinson as he cleaned up trash outside his townhouse complex. "Not only that you know I'm a black man, I have dreads. "I'm just checking to make sure that you have a right to be here, that's all. 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.). but it can also be stressful. ", "I just told you I lived here and I told you that I'm working as well," 26-year-old Zayd Atkinson responded. The other officers were cleared of wrongdoing, with the report noting that none of them pointed any weapons at Atkinson. 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.. 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 . 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.. Here, the PSU sergeant and command staff did not succumb to it.. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo . 2701 Lawrence Street, Suite 100 Meanwhile, Zayd said talk is cheap. 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 . The officers arrived and later left after they determined Atkinson had the right to be there. Bodycam footage of the incident emerged and sparked outrage. 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. Several officers responded, including a supervisor, according to the police department. The city added that Smyly resigned . At the time I had a beard and I was wearing raggedy clothes.". Hogwash! Per Boulders charter, settlements over $10,000 have to be OKd by city council. 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