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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. 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 body camera videos, the police reports . But Smyly kept insisting Atkinson tell him his unit number, wanting further proof that he lived there. Here, the PSU sergeant and command staff did not succumb to it.. 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. 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.". ", 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. City council is set to approve the payout during a special Monday night meeting, the only non-coronavirus item on the agenda. The investigation found officer John Smyly violated two department policies and determined: 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.. All Rights Reserved. The grouping of routine items on the city council meeting agenda (e.g. Im picking up trash. 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. 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. Hogwash! Prolonged litigation will adversely impact those efforts. 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. A Boulder police officer has resigned following a confrontation with a black college student who was picking up trash in his yard. 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. It was a frightening experience. . But Troyers report went on to recommend that Boulder not make any changes to its process. 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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. approval of past meeting minu Want more stories like this, delivered straight to your inbox? I asked Atkinson if he had anything with his address listed on it. 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 city added that Smyly resigned . The (Professional Standards Unit) investigation resulted in a complete, thorough, impartial report package, the independent report reads. He found none. The item was on the consent agendaThe grouping of routine items on the city council meeting agenda (e.g. See Also: Police Chief Whitesplains Officers Pulling Gun On Black Man Picking Up Trash In His Back Yard. HuffPost reports that Officer John Smyly violated two department policies when confronted Zayd Atkinson, including public trust and conduct. Boulder police said there is no evidence Atkinson was racially profiled. 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. Executive Summary. 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. (Jeremy Papasso/Staff photographer) Per Boulders charter, settlements over $10,000 have to be OKd by city council. May 16, 2019 / 5:17 PM It is the second settlement related to highly publicized encounters of Black men by Boulder police officers that year. 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. The footage shows Smyly investigating Atkinson for trespassing. 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. . 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Zayd Atkinson, a student at Naropa University in Boulder, . This news doesnt write itself. Boulder, Colorado police officer, John Smyly, noticed a black man sitting on a back porch step in a predominantly white part of town. I'm not doing anything illegal, and you're not going to f------ tase me," Atkinson said in the video. Telephone: 303-578-4400 "I was suffering with a lot of anxiety, a lot of depression. City council is set to approve the payout during a special Monday night meeting, the only non . Atkinson said he's had trouble sleeping since the incident. He and his lawyer, Siddhartha Rathod, spoke to "Good Morning . Here are some ways you can help. 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? 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. 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. 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. Examined. Get browser notifications for breaking news, live events, and exclusive reporting. Mar. The process and its application in this particular case strongly indicate that internal affairs at BPD aint broke. 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. Hogwash! 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. The officer requested backup and followed him, ordering him to sit down. The officer eventually pulled out his gun and called for backup. Once the additional officers who arrived assessed the situation, they used appropriate de-escalation techniques and left. 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.). He said he still hasn't received an apology, and the new report is just Boulder police's way of covering their backs. 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. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. Lawrence's arrest came later and with less fanfare. Your email address will not be published. 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. ), Want more stories like this, delivered straight to your inbox? The body camera videos, the police reports . In a viral video, Atkinson was confronted by a police officer while he was picking up trash outside of his . 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. 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. The city on Thursday announced the settlement but did not include the terms in a news release. Atkinison sued, and in March of 2020 he was awarded $125,000 in a settlement with the City of Boulder. I was having very strange dreams and couldn't really sleep," Atkinson said. 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.". Lawrence, in a prepared statements. But with the question about which specific unit he lived in, Mr. Atkinson paused, looked around, and began to become exasperated.. Class 1 Professional Standards investigation for alleged violation of: 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. "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. Atkinson repeats he's provided his identification but Smyly wants more proof. More officers -- 8 in total -- eventually arrived, some with guns drawn. They unanimously approved the payout Tuesday. Your email address will not be published. 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. "Shouldn't that be enough for you?". 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.. Copyright 2023 KGO-TV. Atkinson threatened to sue . Up to this point, Mr. Atkinson had been polite but surprised by Officer Smylys presence, the independent report read. Several officers responded, including a supervisor, according to the police department. 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. A white Colorado police officer who pulled out his gun during a confrontation with a black man picking up trash around his dormitory resigned this week. 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. Zayd gave his name and confirmed that he lived at the location. While he said he appreciates Boulder police releasing the numbers, he believes real change is still years away. All Rights Reserved. Boulder Beat. While no one was arrested, the police department launched an internal affairs investigation, and the city hired an outside investigator to review 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. 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 . Was there a perspective we missed, or facts we didnt consider? When Smyly asked for more information, Atkinson refused and walked away. 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. "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." 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 . This settlement affords some measure of justice to Sammie Lawrence, said Dan Williams of Hutchinson Black and Cook, LLC, co-counsel for 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. Copyright 2023 ABC News Internet Ventures. He drew his handgun after Mr. Atkinson stopped behind the building out of sight of the street. 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.. Prolonged litigation will adversely impact those efforts. Boulder City Attorney Tom Carr and Atkinsons attorneys at Rathod Mohamedbhai LLC issued a joint statement on Thursday. What happened to Officer John Smyly who resigned from BPD after illegal detention of Zayd Atkinson? 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