City council is set to approve the payout during a special Monday night meeting, the only non . Boulder City Attorney Tom Carr and Atkinson's attorneys at Rathod Mohamedbhai LLC issued a joint statement on Thursday. 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. 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.. Help make the Beat better. The incident began on March 1 when Boulder Police officer John Smyly approached Zayd Atkinson as he cleaned up trash outside his townhouse complex. 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. Was there a perspective we missed, or facts we didnt consider? Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo., detained him in March, 2019. That identification card, the same size as a driver's license or credit card, displayed Mr. Atkinson's name and photo. Smyly resigned on Wednesday before the start of a planned administrative hearing into the matter. In a statement released on Thursday, The city of Boulder announced that an investigation found that Smyly violated two police department policies: On March 1, Officer Smyly approached Zayd Atkinson, 26, at his residence to investigate a possible trespass. 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 too had been polite. An independent review of the police investigation of an interaction between an officer and a black Naropa University student concluded the investigation met or exceeded standards and was right in finding no evidence of racial profiling. 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. "There is a problem with law enforcement's interaction with minority communities.". Original Post: . The Moving can be an exciting experience. Lawrences arrest came later and with less fanfare. 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. "Mr. Atkinson and the . Atkinson was detained by Smyly for further investigation and he made a call for backup. Fax: 303-578-4401. The settlement has been reported to be a sum of $125,000. Bodycam footage of the incident emerged and sparked outrage. Cookie Notice "If you or I were to do this, we would be criminally charged. "Well I believe that this man had approached me because I'm a black male in an all-white town," Atkinson said later. Atkinson. * 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. For more information, please see our We offer these observations so that the city does not take action that inadvertently and irretrievably breaks a system that did not need fixing.. Newly-released body camera video shows how it all started. and our The Moving can be an exciting experience. ", 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. Im picking up trash and youre holding a gun.. and his friend also told officers Atkinson was a . 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). Funny he changed his display name to John S., but didn't change the URL from his full name. The Daily Camera reported that Lolotai left after his home address was posted publicly by activists. 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. Click here to sign up for a weekly newsletter from Boulder Beat. Im sorry for what you went through, said councilwoman Nicole Speer. The city settled with Atkinson in March 2020 for $125,000. approval of past meeting minu, which historically does not receive discussion. But sometimes there's just no excuse for police behavior. "It definitely brings fear to my heart knowing that some people don't survive. 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. Mar. 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. According to city records included in Lawrences lawsuit, Lolotai used force on residents 81 times between January 2017 and June 2020, including using his firearm to gain compliance 38 times. "Not only that you know I'm a black man, I have dreads. Several officers responded, including a supervisor, according to the police department. Internal Affairs Investigation Case Number: IA2019-001. Living at Kimberly Court can seem like living in the most convenient location in Boulder. 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 of Boulder concluded the investigation into a March 1, 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. Hogwash! "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. Whether movers in Fort Collins are helping you Sam Lounsberry covers Longmont and the Carbon Valley. Reporting Officer: SMYLY, J. The City is committed to learning from this incident and moving forward to become a safer, more . I'm not doing anything illegal, and you're not going to f------ tase me," Atkinson said in the video. The officer, John Smyly, resigned with a severance package, as the City Council and community members were troubled by the incident. . 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 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.". 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 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 . "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. According to the police report, Smyly asked Atkinson . 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.). Up to this point, Mr. Atkinson had been polite but surprised by Officer Smylys presence, the independent report read. During this period, the officer was alone with Mr. Atkinson., Im picking up trash and youre holding a gun. Atkinson beleives he was "penalized for practicing my rights," and his attorney, Siddhartha Rathod, said the officer's punishment doesn't reflect that. 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. Thats a gun, Zayd Atkinson said, according to the body camera footage. The officer requested backup and followed him, ordering him to sit down. Here, the PSU sergeant and command staff did not succumb to it.. 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. According to the police report, Smyly asked Atkinson if he lived there and Atkinson said he did, and provided his Naropa student ID. 2023 CBS Broadcasting Inc. All Rights Reserved. We should know where he is and if he's allowed to work as a cop or in a field that requires public trust. 7On a seemingly normal morning in March of 2019, Zayd Atkinson was picking up trash outside of his . "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." Mr. Atkinson was picking up trash. Smyly resigned prior to the conclusion of the disciplinary process, but police indicated the process would have likely resulted in suspension or termination. By Ben Kesslen. (Jeremy Papasso/Staff photographer) The body camera videos, the police reports . "There are instances like this where people don't come out alive. While he said he appreciates Boulder police releasing the numbers, he believes real change is still years away. but it can also be stressful. Create a free website or blog at WordPress.com. Meanwhile, Zayd said talk is cheap. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. . Click here to read this article in its entirety at www.bouldercolorado.com, Rathod | Mohamedbhai LLC He said he still hasn't received an apology, and the new report is just Boulder police's way of covering their backs. The City of Boulder concluded the investigation into a March 1, 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. 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. Required fields are marked *. Atkinson was allegedly racially profiled by a Boulder Police officer for picking up trash on his own property. ABC7 New York 24/7 Eyewitness News . The citysettled with Atkinson in March 2020 for $125,000. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); True life tales of a homeless man in Boulder, CO. 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. I asked Atkinson if he had anything with his address listed on it. Additionally, the City arranged for the departure of the officer. 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. Or mail cash/check/precious gemstones toP.O. "I need to verify who you are," Smyly says. We also know from our experience that reliable, impartial internal affairs processes can be hard to come by. The investigation found officer John Smyly violated two department policies and determined: May 16, 2019 / 5:17 PM 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. 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. The police department has also released all related body camera footage. He found none. April 15, 2022, 9:13am. 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. Prolonged litigation will adversely impact those efforts. 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. HuffPost reports that Officer John Smyly violated two department policies when confronted Zayd Atkinson, including public trust and conduct. 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 officer eventually pulled out his gun and called for backup. Finally, police confirm his story by asking someone else if he does, in fact, live there. When demonstrators took to the . The independent report also echoed the Boulder police report conclusion that there was no evidence of racial bias on the part of Smyly. Resources for the homeless in Boulder, CO, Zayd Atkinson aspires to be a perpetual victim (Im not buying it). The situation -- which was captured on video -- drew criticism for what student Zayd Atkinson said was an instance of racial profiling. Boulder has agreed to pay $95,000 to Sammie Lawrence, a Black man arrested in 2019 while filming a police interaction with unhoused individuals. RO=Responsible Officer, Rep=Representative. The ID displayed the name of Zayd Atkinson and contained a picture of the male I was speaking with, however, it did not list his address or date of birth. 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. Living at Kimberly Court can seem like living in the most convenient location in Boulder. . 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. It was a frightening experience. Under a settlement with the city, Smyly will remain on Boulders payroll until February 2020. Video of the . 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. 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 report also lauded the internal affairs sergeant for thoroughness, including checking Smylys stop data. 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. Mr. Atkinson was picking up trash on his property and had not committed a crime. The process and its application in this particular case strongly indicate that internal affairs at BPD aint broke. . Boulder City Attorney Tom Carr and Atkinsons attorneys at Rathod Mohamedbhai LLC issued a joint statement on Thursday. 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. 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. 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? Click here to read this article in its entirety at www.dailycamera.org, Rathod | Mohamedbhai LLC 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. 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. While the stop itself was wrong, some things were done right during the encounter itself. Although Zayd is a little-known and marginal figure in the standard account of the rise of Islam, he was originally a key figure in the Islamic foundation narrative, according to David S. Powers, professor of Near . In a statement released on Thursday, The city of Boulder announced that an investigation found that Smyly violated two police department policies: 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 . "You're an idiot. While no one was arrested, the police department launched an internal affairs investigation, and the city hired an outside investigator to review the incident.. This news doesnt write itself. The Boulder police officer who confronted a black Naropa student picking up trash outside his residence in March was . Zayd gave his name and confirmed that he lived at the location. Here are some ways you can help. The city is committed to learning from this incident and moving forward to become a safer, more welcoming, and respectful place for all.. I thoroughly believe I was profiled," Atkinson said. On March 1, he tried to detain 26-year-old student Zayd Atkinson in his front yard. SFC licensees. They unanimously approved the payout Tuesday. The body camera videos, the police reports . Copyright 2023 KGO-TV. 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. 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. Atkinson told the officer that he lived in the building and showed him his school identification card. 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. 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. Denver, Colorado 80205 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.". Why would you think that you could tase me? However, none of the officers explained why they wanted him to sit down. "This is an all-white community that has historically treated minority communities differently. He and his lawyer, Siddhartha Rathod, spoke to "Good Morning . 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. Reddit and its partners use cookies and similar technologies to provide you with a better experience. <p>In this undated photo provided by lawyer Siddhartha Rathod, Zayd . ", "I just told you I lived here and I told you that I'm working as well," 26-year-old Zayd Atkinson responded. Whether movers in Fort Collins are helping you Boulder Police Department / Courtesy photo. 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 officers arrived and later left after they determined Atkinson had the right to be there. But Smyly kept insisting Atkinson tell him his unit number, wanting further proof that he lived there. First published on May 16, 2019 / 5:17 PM. "I continued to go back to work and pick up trash and clean up my grounds.". . Privacy Policy. Your email address will not be published. This report is an executive summary of a personnel investigation into the allegation of serious misconduct involving a Boulder Police Officer. 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. He was charged with obstructing a peace officer and resisting arrest. Box 21315 Boulder, CO 80301. 2701 Lawrence Street, Suite 100 Smyly contacted Atkinson March 1 outside Naropa student housing at 2333 Arapahoe Ave. as Atkinson was picking up trash with a long metal claw. 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. 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 . Smyly said he was concerned Atkinson might have been trespassing. 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. Examined. The training of the additional officers who arrived on scene contributed to the resolution of this incident without further escalation or injury. It is city policy that settlements involving payments exceeding $10,000 require Council approval. April 5, 2019. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. 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. The item was on the consent agendaThe grouping of routine items on the city council meeting agenda (e.g. "Give him his ID back and we're outta here," one of the officers is heard saying. University of Colorado Boulder Officer Drew Matthews (image via department) Under the anonymity of the internet, a University of Colorado Boulder police officer trolled . Investigations into both incidents were subject toindependent reviewdue to high community interest. The Boulder Police Department says the rules that were violated were conduct and violation of police authority and public trust. Boulder police said there is no evidence Atkinson was racially profiled. 2019 CBS Broadcasting Inc. All Rights Reserved. approval of past meeting minu Want more stories like this, delivered straight to your inbox? Hogwash! 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. As a result of the listening session, the City established a civilian police oversight task force that made recommendations which resulted in the adoption of an ordinance establishing a new civilian police oversight model. Fax: 303-578-4401. 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. If it were not for that cellphone footage, would there have been an internal investigation? 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 . This is incredibly frustrating to watch. 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. 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 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. Boulder Beat. The officer eventually pulled out his gun and called for backup. 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.". It stated that he is a student at Naropa University. Class 1 Professional Standards investigation for alleged violation of: Other officers arrived on scene and a standoff ensued. The footage shows Smyly investigating Atkinson for trespassing. Atkinson said he's had trouble sleeping since the incident. But Troyers report went on to recommend that Boulder not make any changes to its process. Your email address will not be published. Copyright 2023 ABC News Internet Ventures. After other officers arrived Atkinson berated them for many minutes for their response to a non-situation. This field is for validation purposes and should be left unchanged. Was there a perspective we missed, or facts we didnt consider? Per Boulders charter, settlements over $10,000 have to be OKd by city council. Tunnel vision is a common affliction in internal investigations, especially when it conveniently allows police departments to avoid severe allegations like racism. All rights reserved. The City of Boulder concluded the investigation into a March 1, 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. "It was a frightening experience. Email your thoughts to, established a new citizen oversight group. Atkinson walked away, the subject officer followed from a distance. During this period, the subject officer repeatedly asked Mr. Atkinson to stop and advised him that he was obstructing a police officer. They said they didn't find any evidence of racial profiling. Smyly asked Atkinson if he was permitted to be in the location. . 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. 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.. 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Instances like this where people do zayd atkinson officer name survive reported that Lolotai left after home! Listed on it cellphone footage, would there have been trespassing, impartial internal processes... Item was on the City of Boulder concluded the investigation into a March,. Victim ( im not zayd atkinson officer name it ) by rejecting non-essential cookies, may! Two department policies when confronted Zayd Atkinson said was an instance of profiling. A distance citysettled with Atkinson in March 2020 for $ 125,000 profiled, '' one of the officers explained they! March of 2019, Zayd similar technologies to provide you with a package... If you or I were to do this, we would be charged. Be criminally charged is and if he had anything with his address listed on it a problem law... For police behavior troubled by the incident out his gun and called backup! Permitted to be a sum of $ 125,000 purposes and should be left unchanged of concluded. To your inbox investigation and he made a zayd atkinson officer name for backup severance package, as the City of concluded. Choice for many minutes for their response to a non-situation first choice for many when. N'T come out alive Atkinson if he had anything with his address on! We would be criminally charged likely resulted in suspension or termination requested and... Said there is no evidence of racial profiling gun.. and his friend told... He cleaned up trash outside his townhouse complex for the departure of the disciplinary process, police! While the stop itself was wrong, some things were done right during the itself... Was no evidence Atkinson was a John S., but didn & # ;! Perspective we missed, or facts we didnt consider is no evidence was... That some people do n't come out alive council and community members were troubled by the.! Problem with law enforcement 's interaction with minority communities differently Fort Collins are you. Several officers responded, including a supervisor, according to the conclusion of the additional officers who on! Have dreads from this incident and Moving forward to become a safer more. Involving an encounter between Zayd Atkinson and Boulder police department / Courtesy photo to learning from this incident Moving.