Denver, Colorado 80205 Zayd Atkinson, a student at Naropa University in Boulder, . Smyly drew his stun gun and then his handgun as he felt threatened by the trash grabber Atkinson was using. The incident began on March 1 when Boulder Police officer John Smyly approached Zayd Atkinson as he cleaned up trash outside his townhouse complex. (Jeremy Papasso/Staff photographer) 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. He asked Smyly if he would fire the weapon if he didnt put the trash grabber down. 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.". In response, Mr. Atkinson handed Officer Smyly his student identification card. In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. The settlement has been reported to be a sum of $125,000. Box 21315 Boulder, CO 80301. I was having very strange dreams and couldn't really sleep," Atkinson said. Mr. Atkinson should not have been stopped. We would immediately lose our jobs." A phone number for Smyly could not be located Thursday. 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. I'm not doing anything illegal, and you're not going to f------ tase me," Atkinson said in the video. He was charged with obstructing a peace officer and resisting arrest. 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. Smyly also threatened to use his stun gun on Atkinson because he "had a weapon," referring to Atkinson's pole. I'm freaking picking up trash on my property which is where I live. In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. Under a settlement with the city, Smyly will remain on Boulders payroll until February 2020. The report released with the body camera footage noted the officer did not have authority to detain Mr Atkinson, or probable cause to . 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. "Give him his ID back and we're outta here," one of the officers is heard saying. He then begins commands for the student to sit down on the pavement . According to the police report, Smyly asked Atkinson . They unanimously approved the payout Tuesday. Newly-released body camera video shows how it all started. The City of Boulder approved a $125,000 payment to Atkinson in 2020. . Denver, Colorado 80205 He said he still hasn't received an apology, and the new report is just Boulder police's way of covering their backs. Mitchell Byars has been reporting for the Daily Camera since 2011, covering breaking news and courts. 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 . He drew his handgun after Mr. Atkinson stopped behind the building out of sight of the street. Prolonged litigation will adversely impact those efforts. "Shouldn't that be enough for you?". If it aint broke, dont fix it, the report read. City council is set to approve the payout during a special Monday night meeting, the only non-coronavirus item on the agenda. * At one point the officer says, "you're probably going to get tased.". document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); True life tales of a homeless man in Boulder, CO. "You're an idiot. "I'm just checking to make sure that you have a right to be here, that's all. 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. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo . 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 ", 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. In addition to increased oversight, BPD revamped its use of force policies in August 2020. 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. 7On a seemingly normal morning in March of 2019, Zayd Atkinson was picking up trash outside of his . 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? During this period, the officer was alone with Mr. Atkinson., Im picking up trash and youre holding a gun. "Mr. Atkinson and the . The city added that Smyly resigned . Smyly resigned under an agreement that allows him to collect $69,000 in salary. 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. 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. He and his lawyer, Siddhartha Rathod, spoke to "Good Morning . The grouping of routine items on the city council meeting agenda (e.g. Zayd Atkinson, the Naropa University student who was detained on his front doorstep . Bodycam footage of the incident emerged and sparked outrage. 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. This news doesnt write itself. The staff person would be trained and specialized in the (Professional Standards Unit) process, forms and administrative functions, and should do other duties secondarily, rather than vice versa, the report read. 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 . The officer who confronted Atkinson resigned from the Boulder Police Department, and the Department enhanced oversight . 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. The situation -- which was captured on video -- drew criticism for what student Zayd Atkinson said was an instance of racial profiling. New video shows moment Boulder officer pulled gun on black man picking up trash in own yard. Tunnel vision is a common affliction in internal investigations, especially when it conveniently allows police departments to avoid severe allegations like racism. Whether movers in Fort Collins are helping you Boulder Police Department / Courtesy photo. City council is set to approve the payout during a special Monday night meeting , the only non-coronavirus item on the agenda. 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. 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. Reporting Officer: SMYLY, J. 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. April 15, 2022, 9:13am. Scroll down for video 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. What happened to Officer John Smyly who resigned from BPD after illegal detention of Zayd Atkinson? ", 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. This is incredibly frustrating to watch. 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.. Officer Smyly, an Anglo male, decided to question why Zayd Atkinson was there. 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? If you use that weapon against me then yes, that is a consideration, Smyly responded. Was there a perspective we missed, or facts we didnt consider? An officer had drawn his gun as Atkinson picked up trash outside his dorm. This field is for validation purposes and should be left unchanged. 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. Thats a gun, Zayd Atkinson said, according to the body camera footage. He found none. 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. Atkinson said he's trying to work through the painful incident and wants to meet with city officials to start a dialogue about their policies and officer training. 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. 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. Or mail cash/check/precious gemstones toP.O. Here, the PSU sergeant and command staff did not succumb to it.. Required fields are marked *. 0:24 - Zayd A. University of Colorado Boulder Officer Drew Matthews (image via department) Under the anonymity of the internet, a University of Colorado Boulder police officer trolled . PUBLISHED: May 16, 2019 at 9:28 a.m. | UPDATED: May 16, 2019 at 11:48 a.m. Class 1 Professional Standards investigation for alleged violation of: Copyright 2023 KGO-TV. 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 . It is the second settlement related to highly publicized encounters of Black men by Boulder police officers that year. RO=Responsible Officer, Rep=Representative. Mr. 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. 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 City is committed to learning from this incident and moving forward to become a safer, more welcoming, and respectful place for all. 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. Atkinison sued, and in March of 2020 he was awarded $125,000 in a settlement with the City of Boulder. Officer John Smyly was among the Boulder Police Department members who rousted Naropa student Zayd Atkinson for picking up trash at his own home in March 2019. 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 Boulder Police Department concluded an internal investigation on the March 1 incident when officers, two of them with guns drawn, confronted Zayd Atkinson.. The officer eventually pulled out his gun and called for backup. ), Want more stories like this, delivered straight to your inbox? 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. "I couldn't help but notice you sitting on the patio out there," officer John Smyly says in the video. Had Officer Smyly understood the law, the contact would have ended without trauma, the report read. 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.. 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 is originally from Hawaii and enjoys the beach, camping, golf, beer and writing third-person bios about himself that exaggerate how outdoorsy he is. Boulder has agreed to pay $95,000 to Sammie Lawrence, a Black man arrested in 2019 while filming a police interaction with unhoused individuals. The City of Boulder concluded the investigation into a March 1, 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. Im picking up trash and youre holding a gun.. Such is the case of Boulder, Colo., police officer John Smyly over his interaction with Zayd Atkinson on March 1st this year. 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.". 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. Atkinson." 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. Apparently he was on the payroll until Feb of this year. Smyly had told the department he contacted Atkinson because of recent crime in the area but did not see what race he was when he first saw him. and our "I had not done anything illegal therefore there was no reason for me to comply," Atkinson told "GMA." Smyly asked Atkinson if he was permitted to be in the location. Zayd Atkinson, 26, told ABC News he's still fighting to overcome the "traumatic experience" of being racially profiled by Colorado police officers. <p>In this undated photo provided by lawyer Siddhartha Rathod, Zayd . I'm blessed that I got out alive and unharmed," he said. 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. But Troyers report went on to recommend that Boulder not make any changes to its process. But sometimes there's just no excuse for police behavior. 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.. Smyly resigned prior to the conclusion of the disciplinary process, but police indicated the process would have likely resulted in suspension or termination. 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.. The city on Thursday announced the settlement but did not include the terms in a news release. Atkinson was behind a private property sign and . 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. The investigation found officer John Smyly violated two department policies and determined: Privacy Policy. 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. 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