Hogwash! 2701 Lawrence Street, Suite 100 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. Smyly contacted Atkinson March 1 outside Naropa student housing at 2333 Arapahoe Ave. as Atkinson was picking up trash with a long metal claw. ", 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. 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. The officer, John Smyly, resigned with a severance package, as the City Council and community members were troubled by the incident. 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. Atkinson walked away, the subject officer followed from a distance. Denver, Colorado 80205 City council is set to approve the payout during a special Monday night meeting , the only non-coronavirus item on the agenda. By Breanna . First published on May 16, 2019 / 5:17 PM. Telephone: 303-578-4400 The Boulder Police Department says the rules that were violated were conduct and violation of police authority and public trust. The statement did not release any terms of the settlement. document.getElementById( "ak_js_3" ).setAttribute( "value", ( new Date() ).getTime() ); copyright 2023. Atkinison sued, and in March of 2020 he was awarded $125,000 in a settlement with the City of Boulder. According to the police report, Smyly asked Atkinson if he lived there and Atkinson said he did, and provided his Naropa student ID. During this period, the subject officer repeatedly asked Mr. Atkinson to stop and advised him that he was obstructing a police officer. A Boulder police officer has resigned following a confrontation with a black college student who was picking up trash in his yard. Atkinson was allegedly racially profiled by a Boulder Police officer for picking up trash on his own property. ", 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. Was there a perspective we missed, or facts we didnt consider? Atkinson showed a Naropa ID but at one point refused to comply with the officer's orders anymore and began picking up trash once more. That's when the tense 22-minute stand-off ends. 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. If it were not for that cellphone footage, would there have been an internal investigation? Smyly, a 14-year veteran of the department, resigned from active duty on May 16. The report also lauded the internal affairs sergeant for thoroughness, including checking Smylys stop data. "Not only that you know I'm a black man, I have dreads. 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. After other officers arrived Atkinson berated them for many minutes for their response to a non-situation. The City is committed to learning from this incident and moving forward to become a safer, more welcoming, and respectful place for all. 2019 CBS Broadcasting Inc. All Rights Reserved. This settlement affords some measure of justice to Sammie Lawrence, said Dan Williams of Hutchinson Black and Cook, LLC, co-counsel for Boulder Police Department. "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." The City is committed to learning from this incident and moving forward to become a safer, more . The City of Boulder concluded the investigation into a March 1, 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. Officers in the two cases resigned from Boulder Police Department. Why would you think that you could tase me? During this period, the officer was alone with Mr. Atkinson., Im picking up trash and youre holding a gun. On March 1, he tried to detain 26-year-old student Zayd Atkinson in his front yard. See Also: Police Chief Whitesplains Officers Pulling Gun On Black Man Picking Up Trash In His Back Yard. This wasn't enough for Officer Smyly. The officer eventually pulled out his gun and called for backup. While no one was arrested, the police department launched an internal affairs investigation, and the city hired an outside investigator to review the incident.. "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. Several officers responded, including a supervisor, according to the police department. Prolonged litigation will adversely impact those efforts. That identification card, the same size as a driver's license or credit card, displayed Mr. Atkinson's name and photo. "There are instances like this where people don't come out alive. The settlement has been reported to be a sum of $125,000. 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. 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. 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.". 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. Per Boulders charter, settlements over $10,000 have to be OKd by city council. It l isted the main Naropa University address (2310 Arapahoe Avenue). The body camera videos, the police reports . 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. Smyly resigned on Wednesday before the start of a planned administrative hearing into the matter. 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. 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. Living at Kimberly Court can seem like living in the most convenient location in Boulder. The officers arrived and later left after they determined Atkinson had the right to be there. Two elected officials did direct comments to Lawrence. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. Your email address will not be published. Finally, police confirm his story by asking someone else if he does, in fact, live there. 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 called in for a cover car and told Atkinson he was obstructing a police officer and was detaining him and investigating him for trespass. 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. I was having very strange dreams and couldn't really sleep," Atkinson said. I'm not doing anything illegal, and you're not going to f------ tase me," Atkinson said in the video. City council is set to approve the payout during a special Monday night meeting, the only non . 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 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. University of Colorado Boulder Officer Drew Matthews (image via department) Under the anonymity of the internet, a University of Colorado Boulder police officer trolled . The process and its application in this particular case strongly indicate that internal affairs at BPD aint broke. * Additionally, the City arranged for the departure of the officer. 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. 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. At one point the officer says, "you're probably going to get tased.". 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. 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 a university student of Naropa was held at gunpoint by 6-7 Caucasian Police Officers for simply picking up trash on his property. Under a settlement with the city, Smyly will remain on Boulders payroll until February 2020. In the wake of the incident, Boulder City Council formed a committee to explore a police oversight committee. Smyly asked Atkinson if he was permitted to be in the location. 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. . Apparently he was on the payroll until Feb of this year. Mr. Atkinson was picking up trash. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo . You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. 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. In a statement released on Thursday, The city of Boulder announced that an investigation found that Smyly violated two police department policies: 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. Boulder has agreed to pay $95,000 to Sammie Lawrence, a Black man arrested in 2019 while filming a police interaction with unhoused individuals. 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 incident began on March 1 when Boulder Police officer John Smyly approached Zayd Atkinson as he cleaned up trash outside his townhouse complex. "I was suffering with a lot of anxiety, a lot of depression. 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Police Chief Whitesplains officers Pulling gun on black man picking up trash in his yard police.
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