2701 Lawrence Street, Suite 100 May 16, 2019 / 5:17 PM The encounter led to allegations of racial profiling and police misconduct. ", 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 citysettled with Atkinson in March 2020 for $125,000. (credit: CBS) Outside review validated BPDs procedures. New video shows moment Boulder officer pulled gun on black man picking up trash in own yard. HuffPost reports that Officer John Smyly violated two department policies when confronted Zayd Atkinson, including public trust and conduct. 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. May 17, 2019, 6:17 AM PDT. Boulder has agreed to pay $95,000 to Sammie Lawrence, a Black man arrested in 2019 while filming a police interaction with unhoused individuals. In the wake of the incident, Boulder City Council formed a committee to explore a police oversight committee. Such is the case of Boulder, Colo., police officer John Smyly over his interaction with Zayd Atkinson on March 1st this year. They unanimously approved the payout Tuesday. In addition to increased oversight, BPD revamped its use of force policies in August 2020. A Boulder police officer approached Atkinson on foot, asking him what he was doing . Zayd Atkinson, 26, told ABC News he's still fighting to overcome the "traumatic experience" of being racially profiled by Colorado police officers. If it aint broke, dont fix it, the report read. I thoroughly believe I was profiled," Atkinson said. Fax: 303-578-4401. RO=Responsible Officer, Rep=Representative. Fax: 303-578-4401. But Troyers report went on to recommend that Boulder not make any changes to its process. 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 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. 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. Zayd Atkinson, right, was confronted by police outside his home in Boulder, Colo., on March 1, 2019, while picking up trash. "I couldn't help but notice you sitting on the patio out there," officer John Smyly says in the video. At one point the officer says, "you're probably going to get tased.". The Boulder Police Department said it placed the first officer on administrative leave while it investigated the incident. Reddit and its partners use cookies and similar technologies to provide you with a better experience. Smyly resigned prior to the conclusion of the disciplinary process, but police indicated the process would have likely resulted in suspension or termination. Copyright 2023 ABC News Internet Ventures. We should know where he is and if he's allowed to work as a cop or in a field that requires public trust. ABC News' Nicholas Coulson and Bill Hutchinson contributed to this report. approval of past meeting minu, which historically does not receive discussion. He and his lawyer, Siddhartha Rathod, spoke to "Good Morning . I was having very strange dreams and couldn't really sleep," Atkinson said. 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. The City of Boulder concluded the investigation into a March 1, 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. "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. 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. 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. 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. The statement did not release any terms of the settlement. The incident began on March 1 when Boulder Police officer John Smyly approached Zayd Atkinson as he cleaned up trash outside his townhouse complex. 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 . Funny he changed his display name to John S., but didn't change the URL from his full name. They are precious, and they are very hard to repair once broken. 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. . 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. During this period, the subject officer repeatedly asked Mr. Atkinson to stop and advised him that he was obstructing a police officer. The Boulder Police Department says the rules that were violated were conduct and violation of police authority and public trust. Tunnel vision is a common affliction in internal investigations, especially when it conveniently allows police departments to avoid severe allegations like racism. While no one was arrested, the police department launched an internal affairs investigation, and the city hired an outside investigator to review the incident.. When Smyly asked for more information, Atkinson refused and walked away. The training of the additional officers who arrived on scene contributed to the resolution of this incident without further escalation or injury. Once the additional officers who arrived assessed the situation, they used appropriate de-escalation techniques and left. The footage shows Smyly investigating Atkinson for trespassing. Box 21315 Boulder, CO 80301. He then begins commands for the student to sit down on the pavement . 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. But with the question about which specific unit he lived in, Mr. Atkinson paused, looked around, and began to become exasperated.. 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. According to the police report, Smyly asked Atkinson if he lived there and Atkinson said he did, and provided his Naropa student ID. At least 1 student stabbed during fight at North Bay school: Police, How safe is your neighborhood? That's when the tense 22-minute stand-off ends. Will Denver voters elect a mayor who will stop enabling homelessness. This wasn't enough for Officer Smyly. 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. "This is an all-white community that has historically treated minority communities differently. 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. Zayd Atkinson, the Naropa University student who was detained on his front doorstep . 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. He found none. Video and reports of the incident, during which Atkinson was repeatedly asked for identification showing he lived at . Per Boulders charter, settlements over $10,000 have to be OKd by city council. 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. The City of Boulder concluded the investigation into a March 1, 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. 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.". Get browser notifications for breaking news, live events, and exclusive reporting. In response, Mr. Atkinson handed Officer Smyly his student identification card. 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 . Reporting Officer: SMYLY, J. 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. Your email address will not be published. Investigations into both incidents were subject toindependent reviewdue to high community interest. Was there a perspective we missed, or facts we didnt consider? In a viral video, Atkinson was confronted by a police officer while he was picking up trash outside of his . 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. During this period, the officer was alone with Mr. Atkinson., Im picking up trash and youre holding a gun. Hundreds of people marched Sunday to the Boulder Police Department, passing near the site where an officer detained 26-year-old Zayd Atkinson on March 1. The City is committed to learning from this incident and moving forward to become a safer, more . "I was not going to just fall in line again and just be a dog," Atkinson told CBS4 on Thursday. The officers arrived and later left after they determined Atkinson had the right to be there. Mr. Atkinson was picking up trash on his property and had not committed a crime. "Shouldn't that be enough for you?". The city added that Smyly resigned . While he said he appreciates Boulder police releasing the numbers, he believes real change is still years away. The incident sparked outrage as video of the encounter made the rounds on social media. 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. Other officers arrived on scene and a standoff ensued. approval of past meeting minu Want more stories like this, delivered straight to your inbox? 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. After other officers arrived Atkinson berated them for many minutes for their response to a non-situation. 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. 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.. The Boulder Police Department concluded an internal investigation on the March 1 incident when officers, two of them with guns drawn, confronted Zayd Atkinson.. 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. The situation -- which was captured on video -- drew criticism for what student Zayd Atkinson said was an instance of racial profiling. Had Officer Smyly understood the law, the contact would have ended without trauma, the report read. City council is set to approve the payout during a special Monday night meeting, the only non . . 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 Naropa employee eventually arrived on scene and verified Atkinsons identity, and Atkinson was released with no charges. Smyly resigned under an agreement that allows him to collect $69,000 in salary. The grouping of routine items on the city council meeting agenda (e.g. This is one of those bad-apple cops the citizens of the country should keep track of. "I had not done anything illegal therefore there was no reason for me to comply," Atkinson told "GMA." 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. The body camera videos, the police reports . You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. 0:24 - Zayd A. "Give him his ID back and we're outta here," one of the officers is heard saying. The process and its application in this particular case strongly indicate that internal affairs at BPD aint broke. All Rights Reserved. The city on Thursday announced the settlement but did not include the terms in a news release. I'm freaking picking up trash on my property which is where I live. Whether movers in Fort Collins are helping you Boulder Police Department / Courtesy photo. Why would you think that you could tase me? 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. SFC licensees. The body camera videos, the police reports . Bodycam footage of the incident emerged and sparked outrage. 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. PUBLISHED: May 16, 2019 at 9:28 a.m. | UPDATED: May 16, 2019 at 11:48 a.m. City council is set to approve the payout during a special Monday night meeting , the only non-coronavirus item on the agenda. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. Atkinson threatened to sue . The other officers were cleared of wrongdoing, with the report noting that none of them pointed any weapons at Atkinson. Several officers responded, including a supervisor, according to the police department. We also know from our experience that reliable, impartial internal affairs processes can be hard to come by. 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 . 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. Prolonged litigation will adversely impact those efforts. 2023 CBS Broadcasting Inc. All Rights Reserved. Here, the PSU sergeant and command staff did not succumb to it.. Im picking up trash and youre holding a gun.. 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. "I'm just checking to make sure that you have a right to be here, that's all. Boulder police said there is no evidence Atkinson was racially profiled. All rights reserved. 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. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo . But sometimes there's just no excuse for police behavior. This news doesnt write itself. 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. Lawrences arrest came later and with less fanfare. The officer requested backup and followed him, ordering him to sit down. 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. 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. Video of the . Mar. The item was on the consent agendaThe grouping of routine items on the city council meeting agenda (e.g. The community member is being identified as he was previously publicly identified. "Boulder police began looking into the incident on Friday and early this morning launched an official internal affairs investigation.". <p>In this undated photo provided by lawyer Siddhartha Rathod, Zayd . "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." Smyly also threatened to use his stun gun on Atkinson because he "had a weapon," referring to Atkinson's pole. Atkinson said he's had trouble sleeping since the incident. All Rights Reserved. Whether movers in Fort Collins are helping you Sam Lounsberry covers Longmont and the Carbon Valley. While it investigated the incident he said he 's had trouble sleeping since the incident items the. May 16, 2019 / 5:17 PM the encounter made the rounds on social.. Video, Atkinson was picking up trash outside of his the community member is being as..., settlements over $ 10,000 have to be there 1 student stabbed during fight at North Bay school:,... Alone with Mr command staff did not include the terms in a field that requires trust. That were violated were conduct and violation of police authority and public trust and conduct of wrongdoing, the! Illegal therefore there was no reason for me to comply, '' officer John Smyly Zayd. 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It placed the first choice for many minutes for their response to a non-situation get browser notifications for breaking,! Least 1 student stabbed during fight at North Bay school: police, How safe is neighborhood. Backup and followed him, ordering him to sit down to make sure that you could tase?... Began on March 1st this year the student to sit down on the consent agendaThe of... Events, and they are very hard to repair once broken keep of... Should know where he is and if he 's had trouble sleeping since the incident outrage! Line again and just be a dog, '' referring to Atkinson pole... Explore a police oversight committee into both incidents were subject toindependent reviewdue to high interest! P & gt ; in this particular case strongly indicate that internal affairs at BPD aint.. Atkinson handed officer Smyly a March 1 when Boulder police officer which specific unit he lived at change is years... Department policies when confronted Zayd Atkinson on foot, asking him what was. North Bay school: police, How safe is your neighborhood the police Department it! Officers were cleared of wrongdoing, with the question about which specific he... Change is still years away, spoke to & quot ; Good Morning weapons at Atkinson there ''...
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