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.. The City of Boulder approved a $125,000 payment to Atkinson in 2020. . According to the police report, Smyly asked Atkinson if he lived there and Atkinson said he did, and provided his Naropa student ID. According to Boulder Police Department, the officer approached Zayd Atkinson around 8:30 a.m. because he was in an area behind a 'Private Property" sign. The process and its application in this particular case strongly indicate that internal affairs at BPD aint broke. 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. What happened to Officer John Smyly who resigned from BPD after illegal detention of Zayd Atkinson? He said he still hasn't received an apology, and the new report is just Boulder police's way of covering their backs. 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. The officers arrived and later left after they determined Atkinson had the right to be there. 0:24 - Zayd A. Officer Smyly too had been polite. 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. Copyright 2023 KGO-TV. Whether movers in Fort Collins are helping you Sam Lounsberry covers Longmont and the Carbon Valley. Email your thoughts to, established a new citizen oversight group. 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. Examined. ABC News' Nicholas Coulson and Bill Hutchinson contributed to this report. 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. Under a settlement with the city, Smyly will remain on Boulders payroll until February 2020. Click here to sign up for a weekly newsletter from Boulder Beat. 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. They said they didn't find any evidence of racial profiling. The item was on the consent agendaThe grouping of routine items on the city council meeting agenda (e.g. If it were not for that cellphone footage, would there have been an internal investigation? "There is a problem with law enforcement's interaction with minority communities.". The grouping of routine items on the city council meeting agenda (e.g. It stated that he is a student at Naropa University. All rights reserved. Smyly resigned prior to the conclusion of the disciplinary process, but police indicated the process would have likely resulted in suspension or termination. Reddit and its partners use cookies and similar technologies to provide you with a better experience. Original Post: . The training of the additional officers who arrived on scene contributed to the resolution of this incident without further escalation or injury. During this period, the officer was alone with Mr. Atkinson., Im picking up trash and youre holding a gun. 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. Atkinson was detained by Smyly for further investigation and he made a call for backup. 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. All Rights Reserved. But Troyers report went on to recommend that Boulder not make any changes to its process. 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 . ", "I thought that once the firearm was out that that meant that he was going to try to kill me," Atkinson told "Good Morning America" in an interview airing Friday. . "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." Atkinson threatened to sue . According to a news release earlier this month, a Boulder police officer saw a man, now identified as Naropa University student Zayd Atkinson, sitting in a partially enclosed patio area directly . 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. After other officers arrived Atkinson berated them for many minutes for their response to a non-situation. 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. "I continued to go back to work and pick up trash and clean up my grounds.". I'm not doing anything illegal, and you're not going to f------ tase me," Atkinson said in the video. "This is an all-white community that has historically treated minority communities differently. "Give him his ID back and we're outta here," one of the officers is heard saying. All of the additional officers responding reported that they believed this to be a serious situation because of what they knew from the radio traffic, the report states. That's when the tense 22-minute stand-off ends. I was having very strange dreams and couldn't really sleep," Atkinson said. Boulder, Colorado police officer, John Smyly, noticed a black man sitting on a back porch step in a predominantly white part of town. Fax: 303-578-4401. While the report said Atkinson was justified in his confusion and frustration, it said at no point in the entire incident did anyone use racial language, slurs or innuendo.. 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. Mitchell Byars has been reporting for the Daily Camera since 2011, covering breaking news and courts. "I need to verify who you are," Smyly says. "Not only that you know I'm a black man, I have dreads. 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. 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. "Mr. Atkinson and the . The incident began on March 1 when Boulder Police officer John Smyly approached Zayd Atkinson as he cleaned up trash outside his townhouse complex. Internal Affairs Investigation Case Number: IA2019-001. "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. The situation -- which was captured on video -- drew criticism for what student Zayd Atkinson said was an instance of racial profiling. The Boulder Police Department concluded an internal investigation on the March 1 incident when officers, two of them with guns drawn, confronted Zayd Atkinson.. 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. https://old.reddit.com/r/PublicFreakout/comments/cijav8/officer_pulling_out_his_gun_on_a_student_outside/. I asked Atkinson if he had anything with his address listed on it. <p>In this undated photo provided by lawyer Siddhartha Rathod, Zayd . May 17, 2019, 6:17 AM PDT. There are still liberal snowflakes trying to stir up indignation over the overblown drama of the Zayd Atkinson incident. Prolonged litigation will adversely impact those efforts. approval of past meeting minu, which historically does not receive discussion. . Mr. Atkinson was repeatedly ordered to put down his "weapon" which was a trash grabber and plastic bucket. "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. 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. but it can also be stressful. Prolonged litigation will adversely impact those efforts. In response, Mr. Atkinson handed Officer Smyly his student identification card. "I believe that this man had approached me because I'm a black male in an all white town. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. Boulder police said there is no evidence Atkinson was racially profiled. That identification card, the same size as a driver's license or credit card, displayed Mr. Atkinson's name and photo. Hogwash! [ Pasco County Sheriff's Office ] Nedra Miller . 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.". The city is committed to learning from this incident and moving forward to become a safer, more welcoming, and respectful place for all.. 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. In addition to increased oversight, BPD revamped its use of force policies in August 2020. Was there a perspective we missed, or facts we didnt consider? Additionally, the City arranged for the departure of the officer. Based on the history of race relations and law enforcement in the United States, and the particular circumstances of the encounter, Mr. Atkinsons anger was justified. Atkinson told the officer that he lived in the building and showed him his school identification card. The other officers were cleared of wrongdoing, with the report noting that none of them pointed any weapons at Atkinson. They are precious, and they are very hard to repair once broken. Smyly resigned on Wednesday before the start of a planned administrative hearing into the matter. 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. HuffPost reports that Officer John Smyly violated two department policies when confronted Zayd Atkinson, including public trust and conduct. 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. Fax: 303-578-4401. 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. 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. Apparently he was on the payroll until Feb of this year. 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.. 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. Class 1 Professional Standards investigation for alleged violation of: A Boulder police officer has resigned following a confrontation with a black college student who was picking up trash in his yard. 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. 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. Investigations into both incidents were subject toindependent reviewdue to high community interest. Smyly resigned under an agreement that allows him to collect $69,000 in salary. April 5, 2019. 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. "Shouldn't that be enough for you?". Zayd Atkinson, 26, told ABC News he's still fighting to overcome the "traumatic experience" of being racially profiled by Colorado police officers. Im sorry for what you went through, said councilwoman Nicole Speer. This is one of those bad-apple cops the citizens of the country should keep track of. At one point the officer says, "you're probably going to get tased.". 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 demonstrators took to the . 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 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? It has historically had problems with minority communities," Rathod said. 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