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 . and his friend also told officers Atkinson was a . Privacy Policy. 7On a seemingly normal morning in March of 2019, Zayd Atkinson was picking up trash outside of his . 2019 CBS Broadcasting Inc. All Rights Reserved. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. but it can also be stressful. 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.". He said he still hasn't received an apology, and the new report is just Boulder police's way of covering their backs. Mar. Click here to sign up for a weekly newsletter, from Boulder Beat. 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. Examined. "I was not going to just fall in line again and just be a dog," Atkinson told CBS4 on Thursday. 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. We would immediately lose our jobs." A phone number for Smyly could not be located Thursday. This settlement affords some measure of justice to Sammie Lawrence, said Dan Williams of Hutchinson Black and Cook, LLC, co-counsel for 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. A cellphone video shot by a neighbor that went viral in March showed Smyly holding his weapon amid the confrontation. This report is an executive summary of a personnel investigation into the allegation of serious misconduct involving a Boulder Police Officer. Lawrence, in a prepared statements. Meanwhile, Zayd said talk is cheap. When Smyly asked for more information, Atkinson refused and walked away. Atkinison sued, and in March of 2020 he was awarded $125,000 in a settlement with the City of Boulder. In response, Mr. Atkinson handed Officer Smyly his student identification card. The first, in which Naropa student Zayd Atkinson was confronted by armed officers while picking up trash outside his home, drew national media attention and sparked local protests. He then begins commands for the student to sit down on the pavement . (Jeremy Papasso/Staff photographer) Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo . By Breanna . "If you or I were to do this, we would be criminally charged. Denver, Colorado 80205 Smyly contacted Atkinson March 1 outside Naropa student housing at 2333 Arapahoe Ave. as Atkinson was picking up trash with a long metal claw. Reporting Officer: SMYLY, J. "Officers ultimately determined that the man had a legal right to be on the property and returned the mans school identification card," the department said in a statement last month. The incident began on March 1 when Boulder Police officer John Smyly approached Zayd Atkinson as he cleaned up trash outside his townhouse complex. If it aint broke, dont fix it, the report read. 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. The Boulder police officer who confronted a black Naropa student picking up trash outside his residence in March was . Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo., detained him in March, 2019. 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. Atkinson walked away, the subject officer followed from a distance. . 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. 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. 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. In a statement released on Thursday, The city of Boulder announced that an investigation found that Smyly violated two police department policies: The training of the additional officers who arrived on scene contributed to the resolution of this incident without further escalation or injury. The first, in which Naropa student Zayd Atkinson was confronted by armed officers while picking up trash outside his home, drew national media attention and sparked local protests. ABC7 New York 24/7 Eyewitness News . Class 1 Professional Standards investigation for alleged violation of: The situation -- which was captured on video -- drew criticism for what student Zayd Atkinson said was an instance of racial profiling. This is incredibly frustrating to watch. 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. Two elected officials did direct comments to Lawrence. SFC licensees. "This is an all-white community that has historically treated minority communities differently. Telephone: 303-578-4400 The film centers on a recent incident that made headlines around the world: In March 2019, Boulder police officer John Smyly confronted and, ultimately, pointed his gun at Zayd Atkinson, a Black man and a student at Naropa University who was picking up trash outside of his dorm as part of his work-study job. This wasn't enough for Officer Smyly. 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'm blessed that I got out alive and unharmed," he said. Mr. Atkinson was picking up trash on his property and had not committed a crime. Thats a gun, Zayd Atkinson said, according to the body camera footage. ", 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. The city settled with Atkinson in March 2020 for $125,000. The officer who confronted Atkinson resigned from the Boulder Police Department, and the Department enhanced oversight . Copyright 2023 KGO-TV. 0:24 - Zayd A. Boulder Beat. 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. Email your thoughts to boulderbeatnews@gmail.com, Police arrests Boulder Boulder Police Department city council city of Boulder cops lawsuit officers police reform Sammie Lawrence settlement use of force Waylon Lolotai Zayd Atkinson. The statement did not release any terms of the settlement. 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 . Troyer also is investigating a separate incident in which a police officer arrested a black man with a cane who was filming officers interacting with homeless people. and our Atkinson was allegedly racially profiled by a Boulder Police officer for picking up trash on his own property. 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. 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. 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 incident sparked outrage as video of the encounter made the rounds on social media. . The (Professional Standards Unit) investigation resulted in a complete, thorough, impartial report package, the independent report reads. Atkinson was behind a private property sign and . Required fields are marked *. "It definitely brings fear to my heart knowing that some people don't survive. 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. The officer eventually pulled out his gun and called for backup. "There are instances like this where people don't come out alive. 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. Im sorry for what you went through, said councilwoman Nicole Speer. Living at Kimberly Court can seem like living in the most convenient location in Boulder. 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.". "I had not done anything illegal therefore there was no reason for me to comply," Atkinson told "GMA." 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. 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. It was a frightening experience. This news doesnt write itself. Zayd Atkinson, a student at Naropa University in Boulder, . 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. He found none. Your email address will not be published. City council is set to approve the payout during a special Monday night meeting, the only non-coronavirus item on the agenda. It has historically had problems with minority communities," Rathod said. Officers in the two cases resigned from Boulder Police Department. But sometimes there's just no excuse for police behavior. While no one was arrested, the police department launched an internal affairs investigation, and the city hired an outside investigator to review the incident.. What happened to Officer John Smyly who resigned from BPD after illegal detention of Zayd Atkinson? Here, the PSU sergeant and command staff did not succumb to it.. but it can also be stressful. In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. Smyly said he was concerned Atkinson might have been trespassing. Zayd Atkinson was among the more than 600 protesters in Boulder on Sunday who marched from . The process and its application in this particular case strongly indicate that internal affairs at BPD aint broke. . 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. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo . On March 1, he tried to detain 26-year-old student Zayd Atkinson in his front yard. 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. "Boulder police began looking into the incident on Friday and early this morning launched an official internal affairs investigation.". Why would you think that you could tase me? "There is a problem with law enforcement's interaction with minority communities.". ", 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. While he said he appreciates Boulder police releasing the numbers, he believes real change is still years away. This field is for validation purposes and should be left unchanged. "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. 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. Apparently he was on the payroll until Feb of this year. Under a settlement with the city, Smyly will remain on Boulders payroll until February 2020. Or mail cash/check/precious gemstones toP.O. Im picking up trash. An officer had drawn his gun as Atkinson picked up trash outside his dorm. In addition to increased oversight, BPD revamped its use of force policies in August 2020. He was charged with obstructing a peace officer and resisting arrest. I'm freaking picking up trash on my property which is where I live. Mr. Atkinson should not have been stopped. 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. ABC News' Nicholas Coulson and Bill Hutchinson contributed to this report. 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. 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 . "Give him his ID back and we're outta here," one of the officers is heard saying. Help make the Beat better. They are precious, and they are very hard to repair once broken. The officers arrived and later left after they determined Atkinson had the right to be there. The City is committed to learning from this incident and moving forward to become a safer, more . Was there a perspective we missed, or facts we didnt consider? This is one of those bad-apple cops the citizens of the country should keep track of. The settlement has been reported to be a sum of $125,000. Newly-released body camera video shows how it all started. 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. 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. Internal Affairs Investigation Case Number: IA2019-001. https://old.reddit.com/r/PublicFreakout/comments/cijav8/officer_pulling_out_his_gun_on_a_student_outside/. Lawrences arrest came later and with less fanfare. Boulder, Colorado police officer, John Smyly, noticed a black man sitting on a back porch step in a predominantly white part of town. "You're an idiot. A Boulder police officer approached Atkinson on foot, asking him what he was doing . 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? The City of Boulder approved a $125,000 payment to Atkinson in 2020. . 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