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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. 2701 Lawrence Street, Suite 100 . 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. 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. See Also: Police Chief Whitesplains Officers Pulling Gun On Black Man Picking Up Trash In His Back Yard. 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. 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. 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. Mr. Atkinson should not have been stopped. Smyly contacted Atkinson March 1 outside Naropa student housing at 2333 Arapahoe Ave. as Atkinson was picking up trash with a long metal claw. Denver, Colorado 80205 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. The Boulder Police Department concluded an internal investigation on the March 1 incident when officers, two of them with guns drawn, confronted Zayd Atkinson.. 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.. 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. 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 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. Up to this point, Mr. Atkinson had been polite but surprised by Officer Smylys presence, the independent report read. First published on May 16, 2019 / 5:17 PM. 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.. The situation -- which was captured on video -- drew criticism for what student Zayd Atkinson said was an instance of racial profiling. 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. document.getElementById( "ak_js_3" ).setAttribute( "value", ( new Date() ).getTime() ); copyright 2023. It stated that he is a student at Naropa University. RO=Responsible Officer, Rep=Representative. 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). Executive Summary. The city on Thursday announced the settlement but did not include the terms in a news release. The officer eventually pulled out his gun and called for backup. We would immediately lose our jobs." A phone number for Smyly could not be located Thursday. "You're an idiot. The police department has also released all related body camera footage. 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 . But with the question about which specific unit he lived in, Mr. Atkinson paused, looked around, and began to become exasperated.. 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 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. The Boulder Police Department said it placed the first officer on administrative leave while it investigated the incident. Several officers responded, including a supervisor, according to the police department. He found none. "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." 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. "It definitely brings fear to my heart knowing that some people don't survive. Several officers responded, including a supervisor, according to the police department. 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. "Not only that you know I'm a black man, I have dreads. 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. All Rights Reserved. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo . Meanwhile, Zayd said talk is cheap. By Ben Kesslen. April 5, 2019. The process and its application in this particular case strongly indicate that internal affairs at BPD aint broke. Why would you think that you could tase me? Copyright 2023 KGO-TV. I thoroughly believe I was profiled," Atkinson said. The city is committed to learning from this incident and moving forward to become a safer, more welcoming, and respectful place for all.. 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? Boulder has agreed to pay $95,000 to Sammie Lawrence, a Black man arrested in 2019 while filming a police interaction with unhoused individuals. Lawrence, in a prepared statements. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. ABC7 New York 24/7 Eyewitness News . All rights reserved. This report is an executive summary of a personnel investigation into the allegation of serious misconduct involving a Boulder Police Officer. This news doesnt write itself. 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. What happened to Officer John Smyly who resigned from BPD after illegal detention of Zayd Atkinson? This field is for validation purposes and should be left unchanged. Smyly resigned after the investigation found him in violation of department policy, but the department did not find any evidence his interaction with Atkinson was a result of racial profiling. . Zayd Atkinson a university student of Naropa was held at gunpoint by 6-7 Caucasian Police Officers for simply picking up trash on his property. Name Age in 2023 Role From Until; 1: Abdalla, Raja Aulia Rezza : Rep: 2015-01-29: 2015-02-03: 2: Abdullah, Hugh Idris : HuffPost reports that Officer John Smyly violated two department policies when confronted Zayd Atkinson, including public trust and conduct. New video shows moment Boulder officer pulled gun on black man picking up trash in own yard. * 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. 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. (Jeremy Papasso/Staff photographer) Click here to sign up for a weekly newsletter from Boulder Beat. City council is set to approve the payout during a special Monday night meeting, the only non . The officer, John Smyly, resigned with a severance package, as the City Council and community members were troubled by the incident. The investigation found officer John Smyly violated two department policies and determined: Smyly said he was concerned Atkinson might have been trespassing. Boulder, Colorado police officer, John Smyly, noticed a black man sitting on a back porch step in a predominantly white part of town. He then begins commands for the student to sit down on the pavement . 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.". 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. The other officers were cleared of wrongdoing, with the report noting that none of them pointed any weapons at Atkinson. May 17, 2019, 6:17 AM PDT. In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. 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 . BOULDER, Colo. -- 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 subject officer notified dispatch and initiated what he described as a consensual contact.. Create a free website or blog at WordPress.com. "Well I believe that this man had approached me because I'm a black male in an all-white town," Atkinson said later. 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. 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. Had Officer Smyly understood the law, the contact would have ended without trauma, the report read. We should know where he is and if he's allowed to work as a cop or in a field that requires public trust. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo., detained him in March, 2019. "Give him his ID back and we're outta here," one of the officers is heard saying. 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. A Boulder police officer approached Atkinson on foot, asking him what he was doing . approval of past meeting minu, which historically does not receive discussion. It was a frightening experience. 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. <p>In this undated photo provided by lawyer Siddhartha Rathod, Zayd . Zayd was the first adult male to become a Muslim and the only Muslim apart from Muhammad to be mentioned by name in the Quran. 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. Mr. Atkinson was picking up trash on his property and had not committed a crime. Mar. 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. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo . 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. Living at Kimberly Court can seem like living in the most convenient location in Boulder. Boulder police said there is no evidence Atkinson was racially profiled. This is incredibly frustrating to watch. At one point the officer says, "you're probably going to get tased.". Officer Smyly, an Anglo male, decided to question why Zayd Atkinson was there. 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. ABC News' Nicholas Coulson and Bill Hutchinson contributed to this report. 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. 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In addition to increased oversight, BPD revamped its use of force policies in August 2020. Smyly drew his stun gun and then his handgun as he felt threatened by the trash grabber Atkinson was using. All Rights Reserved. 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. 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.). The City is committed to learning from this incident and moving forward to become a safer, 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. and our In a viral video, Atkinson was confronted by a police officer while he was picking up trash outside of his . 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. He drew his handgun after Mr. Atkinson stopped behind the building out of sight of the street. Zayd Atkinson was among the more than 600 protesters in Boulder on Sunday who marched from . 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. There are still liberal snowflakes trying to stir up indignation over the overblown drama of the Zayd Atkinson incident. Smyly also threatened to use his stun gun on Atkinson because he "had a weapon," referring to Atkinson's pole. I was having very strange dreams and couldn't really sleep," Atkinson said. Or mail cash/check/precious gemstones toP.O. Boulder Beat. The officer who confronted Atkinson resigned from the Boulder Police Department, and the Department enhanced oversight . He was charged with obstructing a peace officer and resisting arrest. Zayd Atkinson, the Naropa University student who was detained on his front doorstep . 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. Evidence Atkinson was picking up trash outside his dormitory when a white police.! 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