Boulder Police Department. Video and reports of the incident, during which Atkinson was repeatedly asked for identification showing he lived at . Boulder City Attorney Tom Carr and Atkinson's attorneys at Rathod Mohamedbhai LLC issued a joint statement on Thursday. RO=Responsible Officer, Rep=Representative. The officer eventually pulled out his gun and called for backup. The officer requested backup and followed him, ordering him to sit down. Such is the case of Boulder, Colo., police officer John Smyly over his interaction with Zayd Atkinson on March 1st this year. ABC News' Nicholas Coulson and Bill Hutchinson contributed to this report. Required fields are marked *. The City of Boulder concluded the investigation into a March 1, 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. The Boulder Police Department said it placed the first officer on administrative leave while it investigated the incident. Hogwash! Create a free website or blog at WordPress.com. Mar. The officers arrived and later left after they determined Atkinson had the right to be there. Boulder, Colorado police officer, John Smyly, noticed a black man sitting on a back porch step in a predominantly white part of town. 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. At one point, Atkinson said he turned his back and walked around to the back of the building as the officer followed him with a Taser in his hand, he said. 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. Those are the statistics that bear on the Zayd Atkinson drama, in which no shots were fired, no Taser was deployed, no pepper spray was used, no tickets were issued, and no arrest was made. Will Denver voters elect a mayor who will stop enabling homelessness. The situation -- which was captured on video -- drew criticism for what student Zayd Atkinson said was an instance of racial profiling. City council is set to approve the payout during a special Monday night meeting, the only non-coronavirus item on the agenda. Officer Smyly too had been polite. 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.". Under a settlement with the city, Smyly will remain on Boulders payroll until February 2020. Telephone: 303-578-4400 "Mr. Atkinson and the . * Mitchell Byars has been reporting for the Daily Camera since 2011, covering breaking news and courts. Officers in the two cases resigned from Boulder Police Department. Cookie Notice Reporting Officer: SMYLY, J. 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. Atkinson was behind a private property sign and . "There are instances like this where people don't come out alive. Living at Kimberly Court can seem like living in the most convenient location in Boulder. Resources for the homeless in Boulder, CO, Zayd Atkinson aspires to be a perpetual victim (Im not buying it). 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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. SFC licensees. 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. That identification card, the same size as a driver's license or credit card, displayed Mr. Atkinson's name and photo. A Naropa employee eventually arrived on scene and verified Atkinsons identity, and Atkinson was released with no charges. "I was suffering with a lot of anxiety, a lot of depression. 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? Get browser notifications for breaking news, live events, and exclusive reporting. "Boulder police began looking into the incident on Friday and early this morning launched an official internal affairs investigation.". 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. May 16, 2019 / 5:17 PM 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. It stated that he is a student at Naropa University. 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 report released with the body camera footage noted the officer did not have authority to detain Mr Atkinson, or probable cause to . But with the question about which specific unit he lived in, Mr. Atkinson paused, looked around, and began to become exasperated.. 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.. 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 . Whether movers in Fort Collins are helping you Sam Lounsberry covers Longmont and the Carbon Valley. "This is an all-white community that has historically treated minority communities differently. Lawrence's arrest came later and with less fanfare. Boulder Beat. Smyly drew his stun gun and then his handgun as he felt threatened by the trash grabber Atkinson was using. 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. Mr. Atkinson was picking up trash. Mr. Atkinson should not have been stopped. Click here to sign up for a weekly newsletter, from Boulder Beat. The city of Boulder said in a statement Thursday that officer John Smyly violated multiple department policies when he confronted Zayd Atkinson, 26, in March. 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. 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. Examined. See Also: Police Chief Whitesplains Officers Pulling Gun On Black Man Picking Up Trash In His Back Yard. The City of Boulder approved a $125,000 payment to Atkinson in 2020. . We also know from our experience that reliable, impartial internal affairs processes can be hard to come by. "It definitely brings fear to my heart knowing that some people don't survive. "Not only that you know I'm a black man, I have dreads. Finally, police confirm his story by asking someone else if he does, in fact, live there. approval of past meeting minu, which historically does not receive discussion. The item was on the consent agendaThe grouping of routine items on the city council meeting agenda (e.g. 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. 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). Atkinison sued, and in March of 2020 he was awarded $125,000 in a settlement with the City of Boulder. "I'm just checking to make sure that you have a right to be here, that's all. Atkinson threatened to sue . "Give him his ID back and we're outta here," one of the officers is heard saying. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. If it were not for that cellphone footage, would there have been an internal investigation? He was charged with obstructing a peace officer and resisting arrest. [ Pasco County Sheriff's Office ] Nedra Miller . 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 . 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. Smyly resigned under an agreement that allows him to collect $69,000 in salary. 2023 CBS Broadcasting Inc. All Rights Reserved. The Boulder Police Department says the rules that were violated were conduct and violation of police authority and public trust. 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? The police officer who pulled a gun on a man picking up trash outside his own home in Boulder, Colorado, has resigned, city officials said Thursday . 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. 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.). Meanwhile, Zayd said talk is cheap. This field is for validation purposes and should be left unchanged. New video shows moment Boulder officer pulled gun on black man picking up trash in own yard. By Ben Kesslen. Atkinson was detained by Smyly for further investigation and he made a call for backup. Boulder City Attorney Tom Carr and Atkinsons attorneys at Rathod Mohamedbhai LLC issued a joint statement on Thursday. City council is set to approve the payout during a special Monday night meeting, the only non . 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.". Smyly resigned prior to the conclusion of the disciplinary process, but police indicated the process would have likely resulted in suspension or termination. At the time I had a beard and I was wearing raggedy clothes.". The City is committed to learning from this incident and moving forward to become a safer, more . Class 1 Professional Standards investigation for alleged violation of: 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. This news doesnt write itself. Those are the statistics that bear on the Zayd Atkinson drama, in which no shots were fired, no Taser was deployed, no pepper spray was used, no tickets were issued, and no arrest was made. 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. The footage shows Smyly investigating Atkinson for trespassing. The (Professional Standards Unit) investigation resulted in a complete, thorough, impartial report package, the independent report reads. Bodycam footage of the incident emerged and sparked outrage. 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. 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. Officer Smyly, an Anglo male, decided to question why Zayd Atkinson was there. 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.. According to the police report, Smyly asked Atkinson if he lived there and Atkinson said he did, and provided his Naropa student ID. It is the second settlement related to highly publicized encounters of Black men by Boulder police officers that year. "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." City council is set to approve the payout during a special Monday night meeting , the only non-coronavirus item on the agenda. Smyly also threatened to use his stun gun on Atkinson because he "had a weapon," referring to Atkinson's pole. Mr. Im sorry for what you went through, said councilwoman Nicole Speer. Zayd Atkinson, 26, said it's been more than a month since a group of officers racially profiled him in a predominantly white neighborhood in Boulder, Colorado, but he's still fighting to overcome the "traumatic experience. 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. 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. 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.. The subject officer notified dispatch and initiated what he described as a consensual contact.. 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