Boulder Beat. Bodycam footage of the incident emerged and sparked outrage. 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. Boulder Police Department. Tunnel vision is a common affliction in internal investigations, especially when it conveniently allows police departments to avoid severe allegations like racism. 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 incident sparked outrage as video of the encounter made the rounds on social media. 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. 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. 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. May 17, 2019, 6:17 AM PDT. The city settled with Atkinson in March 2020 for $125,000. When demonstrators took to the . Internal Affairs Investigation Case Number: IA2019-001. "Mr. Atkinson and the . ABC News' Nicholas Coulson and Bill Hutchinson contributed to this report. Two elected officials did direct comments to Lawrence. 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. Create a free website or blog at WordPress.com. Previous post: Report: Jessica Aldama died after stillborn delivery in homeless encampment, Next post: Guest opinion: The housing Boulder refused to build, Change made to existing documents, resolutions, or ordinances. While no one was arrested, the police department launched an internal affairs investigation, and the city hired an outside investigator to review the incident.. He was charged with obstructing a peace officer and resisting arrest. At one point the officer says, "you're probably going to get tased.". 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. 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. 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. FORT LAUDERDALE, Fla. (AP) A Florida man left paralyzed when a police officer shot him after mistaking his handgun for his stun gun filed a lawsuit Wednesday against the city, the officer and . 7On a seemingly normal morning in March of 2019, Zayd Atkinson was picking up trash outside of his . The community member is being identified as he was previously publicly identified. 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. 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. 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.". . While the stop itself was wrong, some things were done right during the encounter itself. April 15, 2022, 9:13am. They said they didn't find any evidence of racial profiling. 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. The City is committed to learning from this incident and moving forward to become a safer, more . Atkinison sued, and in March of 2020 he was awarded $125,000 in a settlement with the City of Boulder. At the time I had a beard and I was wearing raggedy clothes.". "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." 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. All Rights Reserved. Email your thoughts to, established a new citizen oversight group. Copyright 2023 KGO-TV. 0:24 - Zayd A. During this period, the officer was alone with Mr. Atkinson., Im picking up trash and youre holding a gun. During this period, the subject officer repeatedly asked Mr. Atkinson to stop and advised him that he was obstructing a police officer. 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. ", "I just told you I lived here and I told you that I'm working as well," 26-year-old Zayd Atkinson responded. 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. 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 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. Was there a perspective we missed, or facts we didnt consider? Or mail cash/check/precious gemstones toP.O. Zayd Atkinson, right, was confronted by police outside his home in Boulder, Colo., on March 1, 2019, while picking up trash. Zayd Atkinson, the Naropa University student who was detained on his front doorstep . The Moving can be an exciting experience. "I had not done anything illegal therefore there was no reason for me to comply," Atkinson told "GMA." It stated that he is a student at Naropa University. 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 officer eventually pulled out his gun and called for backup. This news doesnt write itself. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. Help make the Beat better. He and his lawyer, Siddhartha Rathod, spoke to "Good Morning . 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. The City of Boulder concluded the investigation into a March 1, 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. how many wives does mufti menk havemr patel neurosurgeon cardiff 27 februari, 2023 / i how old was stewart granger when he died / av / i how old was stewart granger when he died / av 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). 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. It is city policy that settlements involving payments exceeding $10,000 require Council approval. Examined. 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. We offer these observations so that the city does not take action that inadvertently and irretrievably breaks a system that did not need fixing.. Here are some ways you can help. The statement did not release any terms of the settlement. But sometimes there's just no excuse for police behavior. 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. Video and reports of the incident, during which Atkinson was repeatedly asked for identification showing he lived at . "Not only that you know I'm a black man, I have dreads. Smyly drew his stun gun and then his handgun as he felt threatened by the trash grabber Atkinson was using. Mitchell Byars has been reporting for the Daily Camera since 2011, covering breaking news and courts. We also know from our experience that reliable, impartial internal affairs processes can be hard to come by. Mar. Mr. "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 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 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. "There are instances like this where people don't come out alive. Smyly said he was concerned Atkinson might have been trespassing. Reddit and its partners use cookies and similar technologies to provide you with a better experience. Thats a gun, Zayd Atkinson said, according to the body camera footage. Video of the . 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 Moving can be an exciting experience. Executive Summary. City council is set to approve the payout during a special Monday night meeting, the only non-coronavirus item on the agenda. 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. 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.. Mr. Atkinson was picking up trash on his property and had not committed a crime. The grouping of routine items on the city council meeting agenda (e.g. The process and its application in this particular case strongly indicate that internal affairs at BPD aint broke. Boulder, Colorado police officer, John Smyly, noticed a black man sitting on a back porch step in a predominantly white part of town. "I need to verify who you are," Smyly says. 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 . 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. Smyly resigned on Wednesday before the start of a planned administrative hearing into the matter. May 16, 2019 / 5:17 PM 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 settlement has been reported to be a sum of $125,000. In the wake of the incident, Boulder City Council formed a committee to explore a police oversight committee. I thoroughly believe I was profiled," Atkinson said. 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. . The city on Thursday announced the settlement but did not include the terms in a news release. Click here to sign up for a weekly newsletter, from Boulder Beat. SFC licensees. Once the additional officers who arrived assessed the situation, they used appropriate de-escalation techniques and left. 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. Whether movers in Fort Collins are helping you Boulder Police Department / Courtesy photo. "I will not sit down, I refuse to sit down, until you guys put your (expletive) weapons away," Atkinson said. 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. Atkinson beleives he was "penalized for practicing my rights," and his attorney, Siddhartha Rathod, said the officer's punishment doesn't reflect that. Boulder City Attorney Tom Carr and Atkinson's attorneys at Rathod Mohamedbhai LLC issued a joint statement on Thursday. Newly-released body camera video shows how it all started. This settlement affords some measure of justice to Sammie Lawrence, said Dan Williams of Hutchinson Black and Cook, LLC, co-counsel for 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.". Atkinson told the officer that he lived in the building and showed him his school identification card. City council is set to approve the payout during a special Monday night meeting , the only non-coronavirus item on the agenda. By Breanna . But Troyers report went on to recommend that Boulder not make any changes to its process. The Boulder Police Department concluded an internal investigation on the March 1 incident when officers, two of them with guns drawn, confronted Zayd Atkinson.. . Atkinson was behind a private property sign and . Im picking up trash and youre holding a gun.. 2701 Lawrence Street, Suite 100 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. Original Post: . Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo . All Rights Reserved. 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. They are precious, and they are very hard to repair once broken. This report is an executive summary of a personnel investigation into the allegation of serious misconduct involving a Boulder Police Officer. Smyly resigned under an agreement that allows him to collect $69,000 in salary. The officer, John Smyly, resigned with a severance package, as the City Council and community members were troubled by the incident. Your email address will not be published. He then begins commands for the student to sit down on the pavement . 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. The officer requested backup and followed him, ordering him to sit down. 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. 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