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. Click here to read this article in its entirety at www.dailycamera.org, Rathod | Mohamedbhai LLC Lawrences arrest came later and with less fanfare. During this period, the officer was alone with Mr. Atkinson., Im picking up trash and youre holding a gun. Help make the Beat better. Officers in the two cases resigned from Boulder Police Department. 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. University of Colorado Boulder Officer Drew Matthews (image via department) Under the anonymity of the internet, a University of Colorado Boulder police officer trolled . Your email address will not be published. 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 . The Daily Camera reported that Lolotai left after his home address was posted publicly by activists. 0:24 - Zayd A. / CBS Colorado. When Smyly asked for more information, Atkinson refused and walked away. Boulder Beat. Smyly also threatened to use his stun gun on Atkinson because he "had a weapon," referring to Atkinson's pole. Atkinson was behind a private property sign and . * 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.". The incident began on March 1 when Boulder Police officer John Smyly approached Zayd Atkinson as he cleaned up trash outside his townhouse complex. The subject officer notified dispatch and initiated what he described as a consensual contact.. Atkinson was detained by Smyly for further investigation and he made a call for backup. The community member is being identified as he was previously publicly identified. This is incredibly frustrating to watch. After other officers arrived Atkinson berated them for many minutes for their response to a non-situation. While the stop itself was wrong, some things were done right during the encounter itself. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. 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. 7On a seemingly normal morning in March of 2019, Zayd Atkinson was picking up trash outside of his . Two elected officials did direct comments to Lawrence. City council is set to approve the payout during a special Monday night meeting, the only non . The city added that Smyly resigned . 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. Zayd Atkinson, 26, told ABC News he's still fighting to overcome the "traumatic experience" of being racially profiled by Colorado police officers. 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 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 addition to increased oversight, BPD revamped its use of force policies in August 2020. Or mail cash/check/precious gemstones toP.O. The city settled with Atkinson in March 2020 for $125,000. RO=Responsible Officer, Rep=Representative. Mr. Atkinson was picking up trash on his property and had not committed a crime. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); True life tales of a homeless man in Boulder, CO. Click here to sign up for a weekly newsletter from Boulder Beat. "I continued to go back to work and pick up trash and clean up my grounds.". But Troyers report went on to recommend that Boulder not make any changes to its process. Click here to read this article in its entirety at www.bouldercolorado.com, Rathod | Mohamedbhai LLC PUBLISHED: May 16, 2019 at 9:28 a.m. | UPDATED: May 16, 2019 at 11:48 a.m. 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. "This is an all-white community that has historically treated minority communities differently. 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 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. Outside review validated BPDs procedures. Atkinson beleives he was "penalized for practicing my rights," and his attorney, Siddhartha Rathod, said the officer's punishment doesn't reflect that. 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. Your email address will not be published. Whether movers in Fort Collins are helping you Boulder Police Department / Courtesy photo. At one point the officer says, "you're probably going to get tased.". Investigations into both incidents were subject toindependent reviewdue to high community interest. . ABC7 New York 24/7 Eyewitness News . The city is committed to learning from this incident and moving forward to become a safer, more welcoming, and respectful place for all.. Prolonged litigation will adversely impact those efforts. "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." Several officers responded, including a supervisor, according to the police department. Smyly said he was concerned Atkinson might have been trespassing. 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. The independent report also echoed the Boulder police report conclusion that there was no evidence of racial bias on the part of Smyly. Privacy Policy. Such is the case of Boulder, Colo., police officer John Smyly over his interaction with Zayd Atkinson on March 1st this year. In the wake of the incident, Boulder City Council formed a committee to explore a police oversight committee. 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.. "Shouldn't that be enough for you?". 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. 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. Lawrence's arrest came later and with less fanfare. 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. 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. Boulder police said there is no evidence Atkinson was racially profiled. [ Pasco County Sheriff's Office ] Nedra Miller . 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. I was having very strange dreams and couldn't really sleep," Atkinson said. The body camera videos, the police reports . 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. This field is for validation purposes and should be left unchanged. Atkinson repeats he's provided his identification but Smyly wants more proof. City council is set to approve the payout during a special Monday night meeting, the only non-coronavirus item on the agenda. The Boulder Police Department said it placed the first officer on administrative leave while it investigated the incident. In a statement released on Thursday, The city of Boulder announced that an investigation found that Smyly violated two police department policies: but it can also be stressful. 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. Executive Summary. 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 . It was a frightening experience. It l isted the main Naropa University address (2310 Arapahoe Avenue). Had Officer Smyly understood the law, the contact would have ended without trauma, the report read. The investigation found officer John Smyly violated two department policies and determined: 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. During this period, the subject officer repeatedly asked Mr. Atkinson to stop and advised him that he was obstructing a police officer. Additionally, the City arranged for the departure of the officer. Newly-released body camera video shows how it all started. . The other officers were cleared of wrongdoing, with the report noting that none of them pointed any weapons at Atkinson. The City of Boulder concluded the investigation into a March 1, 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. 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. BOULDER, Colo. -- 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. "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. 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. This is one of those bad-apple cops the citizens of the country should keep track of. The officer requested backup and followed him, ordering him to sit down. 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. He then begins commands for the student to sit down on the pavement . SFC licensees. This wasn't enough for Officer Smyly. 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.". 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. Boulder has agreed to pay $95,000 to Sammie Lawrence, a Black man arrested in 2019 while filming a police interaction with unhoused individuals. He and his lawyer, Siddhartha Rathod, spoke to "Good Morning . While he said he appreciates Boulder police releasing the numbers, he believes real change is still years away. May 16, 2019 / 5:17 PM 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. The Boulder Police Department says the rules that were violated were conduct and violation of police authority and public trust. More officers -- 8 in total -- eventually arrived, some with guns drawn. We offer these observations so that the city does not take action that inadvertently and irretrievably breaks a system that did not need fixing.. . 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. It stated that he is a student at Naropa University. 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. "I was suffering with a lot of anxiety, a lot of depression. Denver, Colorado 80205 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. Several officers responded, including a supervisor, according to the police department. . 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. Prolonged litigation will adversely impact those efforts. Im picking up trash and youre holding a gun.. "Mr. Atkinson and the . When demonstrators took to the . After other officers arrived Atkinson berated them for many minutes for their response to a non-situation. I'm blessed that I got out alive and unharmed," he said. ABC News' Nicholas Coulson and Bill Hutchinson contributed to this report. 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. 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. 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. Mar. The City of Boulder concluded the investigation into a March 1, 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. 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. In response, Mr. Atkinson handed Officer Smyly his student identification card. 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. For more information, please see our Smyly resigned on Wednesday before the start of a planned administrative hearing into the matter. and our The City is committed to learning from this incident and moving forward to become a safer, more welcoming, and respectful place for all. 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 grouping of routine items on the city council meeting agenda (e.g. At the time I had a beard and I was wearing raggedy clothes.". 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. 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. They unanimously approved the payout Tuesday. City council is set to approve the payout during a special Monday night meeting , the only non-coronavirus item on the agenda. Copyright 2023 KGO-TV. 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