It l isted the main Naropa University address (2310 Arapahoe Avenue). ), Want more stories like this, delivered straight to your inbox? The officer, John Smyly, resigned with a severance package, as the City Council and community members were troubled by the incident. 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 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. (credit: CBS) An officer had drawn his gun as Atkinson picked up trash outside his dorm. A Boulder police officer has resigned following a confrontation with a black college student who was picking up trash in his yard. 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.. 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. 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. Mr. Atkinson raised his voice and yelled., Smyly said he felt threatened by the trash grabber. He drew his Taser and later transitioned to his handgun, both weapons were pointed in a downward direction in front of the officer., The subject officer said that he did not believe that the Taser would be effective, because Mr. Atkinson was wearing a heavy coat, the summary states. ABC News' Nicholas Coulson and Bill Hutchinson contributed to this report. That's when the tense 22-minute stand-off ends. 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. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo., detained him in March, 2019. Fax: 303-578-4401. Email your thoughts to, established a new citizen oversight group. 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 body camera videos, the police reports . The City of Boulder concluded the investigation into a March 1, 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. Video and reports of the incident, during which Atkinson was repeatedly asked for identification showing he lived at . Zayd Atkinson was the subject of a viral video in which he was surrounded by 8 Boulder Police officers, some of them brandishing firearms, as he was picking up garbage outside of his home. 2023 CBS Broadcasting Inc. All Rights Reserved. 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. "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. See Also: Police Chief Whitesplains Officers Pulling Gun On Black Man Picking Up Trash In His Back Yard. "There are instances like this where people don't come out alive. I asked Atkinson if he had anything with his address listed on it. Atkinson beleives he was "penalized for practicing my rights," and his attorney, Siddhartha Rathod, said the officer's punishment doesn't reflect that. It was a frightening experience. 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. Officer Smyly too had been polite. While he said he appreciates Boulder police releasing the numbers, he believes real change is still years away. Reporting Officer: SMYLY, J. Resources for the homeless in Boulder, CO, Zayd Atkinson aspires to be a perpetual victim (Im not buying it). 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. Video and reports of the incident, during which Atkinson was repeatedly asked for identification showing he lived at the property he was cleaning, made local and national headlines and led to the city revamping public oversight of Boulder Police Department. The process and its application in this particular case strongly indicate that internal affairs at BPD aint broke. "I continued to go back to work and pick up trash and clean up my grounds.". Zayd Atkinson, 26, told ABC News he's still fighting to overcome the "traumatic experience" of being racially profiled by Colorado police officers. 2701 Lawrence Street, Suite 100 Atkinson was allegedly racially profiled by a Boulder Police officer for picking up trash on his own property. 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. 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 . Such is the case of Boulder, Colo., police officer John Smyly over his interaction with Zayd Atkinson on March 1st this year. He is originally from Hawaii and enjoys the beach, camping, golf, beer and writing third-person bios about himself that exaggerate how outdoorsy he is. City council is set to approve the payout during a special Monday night meeting, the only non-coronavirus item on the agenda. Zayd Atkinson is a Black university student who was asked for identification by police to prove that he lived at his home while taking out his own trash. That identification card, the same size as a driver's license or credit card, displayed Mr. Atkinson's name and photo. Why would you think that you could tase me? The City of Boulder concluded the investigation into a March 1, 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. "I couldn't help but notice you sitting on the patio out there," officer John Smyly says in the video. More officers -- 8 in total -- eventually arrived, some with guns drawn. Smyly resigned under an agreement that allows him to collect $69,000 in salary. Atkinson." But sometimes there's just no excuse for police behavior. The city is committed to learning from this incident and moving forward to become a safer, more welcoming, and respectful place for all.. Original Post: . 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. 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. During this period, the officer was alone with Mr. Atkinson., Im picking up trash and youre holding a gun. Living at Kimberly Court can seem like living in the most convenient location in Boulder. ", 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. According to the police report, Smyly asked Atkinson . 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 . Meanwhile, Zayd said talk is cheap. May 16, 2019 / 5:17 PM Investigations into both incidents were subject toindependent reviewdue to high community interest. 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. By Breanna . Email your thoughts to [email protected], 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. 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. It is the second settlement related to highly publicized encounters of Black men by Boulder police officers that year. The subject officer notified dispatch and initiated what he described as a consensual contact.. After other officers arrived Atkinson berated them for many minutes for their response to a non-situation. Im picking up trash and youre holding a gun.. but it can also be stressful. 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. 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. Zayd Atkinson, the Naropa University student who was detained on his front doorstep . 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. In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. University of Colorado Boulder Officer Drew Matthews (image via department) Under the anonymity of the internet, a University of Colorado Boulder police officer trolled . 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 community member is being identified as he was previously publicly identified. The statement did not release any terms of the settlement. The Boulder Police Department concluded an internal investigation on the March 1 incident when officers, two of them with guns drawn, confronted Zayd Atkinson.. Prolonged litigation will adversely impact those efforts. Whether movers in Fort Collins are helping you Sam Lounsberry covers Longmont and the Carbon Valley. This settlement affords some measure of justice to Sammie Lawrence, said Dan Williams of Hutchinson Black and Cook, LLC, co-counsel for The report also lauded the internal affairs sergeant for thoroughness, including checking Smylys stop data. Click here to read this article in its entirety at www.dailycamera.org, Rathod | Mohamedbhai LLC 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. He then begins commands for the student to sit down on the pavement . The City is committed to learning from this incident and moving forward to become a safer, more welcoming, and respectful place for all. 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. "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." "It was a frightening experience. Tunnel vision is a common affliction in internal investigations, especially when it conveniently allows police departments to avoid severe allegations like racism. Video of the . 0:24 - Zayd A. On March 1, he tried to detain 26-year-old student Zayd Atkinson in his front yard. First published on May 16, 2019 / 5:17 PM. When demonstrators took to the . Copyright 2023 KGO-TV. Atkinson was behind a private property sign and . 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. By Ben Kesslen. New video shows moment Boulder officer pulled gun on black man picking up trash in own yard. 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. approval of past meeting minu, which historically does not receive discussion. 2701 Lawrence Street, Suite 100 Mar. The footage shows Smyly investigating Atkinson for trespassing. Here, the PSU sergeant and command staff did not succumb to it.. They said they didn't find any evidence of racial profiling. PUBLISHED: May 16, 2019 at 9:28 a.m. | UPDATED: May 16, 2019 at 11:48 a.m. Smyly updated dispatch that Mr. Atkinson was failing to comply and had a blunt metal object, referring to the trash grabber, in his hands, the report states. 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. What happened to Officer John Smyly who resigned from BPD after illegal detention of Zayd Atkinson? * 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. Thats a gun, Zayd Atkinson said, according to the body camera footage. document.getElementById( "ak_js_3" ).setAttribute( "value", ( new Date() ).getTime() ); copyright 2023. A Naropa employee eventually arrived on scene and verified Atkinsons identity, and Atkinson was released with no charges. Funny he changed his display name to John S., but didn't change the URL from his full name. Privacy Policy. Atkinson. The City of Boulder concluded the investigation into a March 1, 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. ", "I just told you I lived here and I told you that I'm working as well," 26-year-old Zayd Atkinson responded. 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. 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. In a viral video, Atkinson was confronted by a police officer while he was picking up trash outside of his . It has historically had problems with minority communities," Rathod said. "There is a problem with law enforcement's interaction with minority communities.". Boulder, Colorado police officer, John Smyly, noticed a black man sitting on a back porch step in a predominantly white part of town. 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. This is one of those bad-apple cops the citizens of the country should keep track of. The Moving can be an exciting experience. This news doesnt write itself. They are precious, and they are very hard to repair once broken. Once the additional officers who arrived assessed the situation, they used appropriate de-escalation techniques and left. 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. All Rights Reserved. Zayd gave his name and confirmed that he lived at the location. 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. 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. "It definitely brings fear to my heart knowing that some people don't survive. 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? 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. After other officers arrived Atkinson berated them for many minutes for their response to a non-situation. Prolonged litigation will adversely impact those efforts. / CBS Colorado. The independent report also echoed the Boulder police report conclusion that there was no evidence of racial bias on the part of Smyly. Per Boulders charter, settlements over $10,000 have to be OKd by city council. 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. "He's at home being paid for racially profiling Zayd for illegally stopping him and for threatening his life.". 7On a seemingly normal morning in March of 2019, Zayd Atkinson was picking up trash outside of his . I was having very strange dreams and couldn't really sleep," Atkinson said. Help make the Beat better. 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.. There are still liberal snowflakes trying to stir up indignation over the overblown drama of the Zayd Atkinson incident. ", "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 report released with the body camera footage noted the officer did not have authority to detain Mr Atkinson, or probable cause to . Atkinson told the officer that he lived in the building and showed him his school identification card. The incident sparked outrage as video of the encounter made the rounds on social media. . Atkinson was detained by Smyly for further investigation and he made a call for backup. We also know from our experience that reliable, impartial internal affairs processes can be hard to come by. 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 . The (Professional Standards Unit) investigation resulted in a complete, thorough, impartial report package, the independent report reads. If it were not for that cellphone footage, would there have been an internal investigation? 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. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. Lawrence's arrest came later and with less fanfare. 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. Other officers arrived on scene and a standoff ensued. Click here to read this article in its entirety at www.bouldercolorado.com, Rathod | Mohamedbhai LLC Mr. Atkinson should not have been stopped. He said he still hasn't received an apology, and the new report is just Boulder police's way of covering their backs. 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. Boulder Police Department. The training of the additional officers who arrived on scene contributed to the resolution of this incident without further escalation or injury. Smyly drew his stun gun and then his handgun as he felt threatened by the trash grabber Atkinson was using. The Moving can be an exciting experience. 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