The encounter led to allegations of racial profiling and police misconduct. 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.". 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. 2019 CBS Broadcasting Inc. All Rights Reserved. The City is committed to learning from this incident and moving forward to become a safer, more . The officer, John Smyly, resigned with a severance package, as the City Council and community members were troubled by the incident. Click here to sign up for a weekly newsletter, from Boulder Beat. The report released with the body camera footage noted the officer did not have authority to detain Mr Atkinson, or probable cause to . A Naropa employee eventually arrived on scene and verified Atkinsons identity, and Atkinson was released with no charges. Atkinson threatened to sue . 2701 Lawrence Street, Suite 100 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. After other officers arrived Atkinson berated them for many minutes for their response to a non-situation. Boulder Police Department. Click here to read this article in its entirety at www.dailycamera.org, Rathod | Mohamedbhai LLC This field is for validation purposes and should be left unchanged. Prolonged litigation will adversely impact those efforts. Whether movers in Fort Collins are helping you Boulder Police Department / Courtesy photo. 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. At one point the officer says, "you're probably going to get tased.". An officer had drawn his gun as Atkinson picked up trash outside his dorm. The officer requested backup and followed him, ordering him to sit down. Atkinson was detained by Smyly for further investigation and he made a call for backup. He was charged with obstructing a peace officer and resisting arrest. Living at Kimberly Court can seem like living in the most convenient location in Boulder. . John Smyly was found in violation of department policies and resigned in May 2019 after an internal investigation into Smyly's encounter with Zayd Atkinson in Boulder on March 1, 2019. 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. "It was a frightening experience. <p>In this undated photo provided by lawyer Siddhartha Rathod, Zayd . The city added that Smyly resigned . 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. 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 . Copyright 2023 ABC News Internet Ventures. "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. "I was suffering with a lot of anxiety, a lot of depression. Boulder City Attorney Tom Carr and Atkinsons attorneys at Rathod Mohamedbhai LLC issued a joint statement on Thursday. 7On a seemingly normal morning in March of 2019, Zayd Atkinson was picking up trash outside of his . The police department has also released all related body camera footage. Smyly drew his stun gun and then his handgun as he felt threatened by the trash grabber Atkinson was using. A Boulder police officer has resigned following a confrontation with a black college student who was picking up trash in his yard. 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. If it were not for that cellphone footage, would there have been an internal investigation? We offer these observations so that the city does not take action that inadvertently and irretrievably breaks a system that did not need fixing.. Help make the Beat better. 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? Investigations into both incidents were subject toindependent reviewdue to high community interest. 0:24 - Zayd A. No problem, says Proposition Gay, CEO announces Saturday, September 17 is Colorado Daily's final issue, Pot and perception: Looking at what marijuana really does to you, Loveland man sentenced to prison for Longmont pharmacy robbery, Louisville man sentenced to jail, probation in sex assault of woman he met through dating app, Convicted adoption-agency head sent to jail, Man accused of drinking girl's urine arrested in Arizona, Chicago Mayor Lori Lightfoot concedes defeat, Southern California home sales fall to all-time low, Denver just got a direct flight to this Caribbean island known for music history and vegetarian cooking, NYC Mayor Adams dismisses need to separate church and state, declares himself a servant of God, Zero-calorie sweetener linked to heart attack and stroke, study finds, Do Not Sell/Share My Personal Information. He asked Smyly if he would fire the weapon if he didnt put the trash grabber down. . But Smyly kept insisting Atkinson tell him his unit number, wanting further proof that he lived there. The community member is being identified as he was previously publicly identified. (Jeremy Papasso/Staff photographer) But sometimes there's just no excuse for police behavior. 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. Copyright 2023 KGO-TV. Several officers responded, including a supervisor, according to the police department. Finally, police confirm his story by asking someone else if he does, in fact, live there. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. 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. (credit: CBS) He said he still hasn't received an apology, and the new report is just Boulder police's way of covering their backs. The City is committed to learning from this incident and moving forward to become a safer, more welcoming, and respectful place for all. "It definitely brings fear to my heart knowing that some people don't survive. ", "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. 2701 Lawrence Street, Suite 100 "Give him his ID back and we're outta here," one of the officers is heard saying. 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. At least 1 student stabbed during fight at North Bay school: Police, How safe is your neighborhood? Hogwash! RO=Responsible Officer, Rep=Representative. 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. Smyly contacted Atkinson March 1 outside Naropa student housing at 2333 Arapahoe Ave. as Atkinson was picking up trash with a long metal claw. Lawrences arresting officer, Waylon Lolotai, left BPD in September 2020 amid an investigation into social media posts that glorified the use of force against residents, for which he was placed on administrative leave. Scroll down for video Officer Smyly, an Anglo male, decided to question why Zayd Atkinson was there. The Boulder police officer who confronted a black Naropa student picking up trash outside his residence in March was . 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. Mar. Name Age in 2023 Role From Until; 1: Abdalla, Raja Aulia Rezza : Rep: 2015-01-29: 2015-02-03: 2: Abdullah, Hugh Idris : Once the additional officers who arrived assessed the situation, they used appropriate de-escalation techniques and left. The (Professional Standards Unit) investigation resulted in a complete, thorough, impartial report package, the independent report reads. 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. 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 was not going to just fall in line again and just be a dog," Atkinson told CBS4 on Thursday. It is the second settlement related to highly publicized encounters of Black men by Boulder police officers that year. Mitchell Byars has been reporting for the Daily Camera since 2011, covering breaking news and courts. 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. 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.. Had Officer Smyly understood the law, the contact would have ended without trauma, the report read. The Daily Camera reported that Lolotai left after his home address was posted publicly by activists. 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. But Troyers report went on to recommend that Boulder not make any changes to its process. As the subject officer got closer, he could also see that Mr. Atkinson was picking items up off the ground with the long metal object [a trash grabber] and placing them into a white bucket that he was holding. "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. But with the question about which specific unit he lived in, Mr. Atkinson paused, looked around, and began to become exasperated.. Additionally, the City arranged for the departure of the officer. Was there a perspective we missed, or facts we didnt consider? "There is a problem with law enforcement's interaction with minority communities.". ), Want more stories like this, delivered straight to your inbox? Atkinison sued, and in March of 2020 he was awarded $125,000 in a settlement with the City of Boulder. In a viral video, Atkinson was confronted by a police officer while he was picking up trash outside of his . 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. ABC7 New York 24/7 Eyewitness News . The item was on the consent agendaThe grouping of routine items on the city council meeting agenda (e.g. Atkinson was behind a private property sign and . HuffPost reports that Officer John Smyly violated two department policies when confronted Zayd Atkinson, including public trust and conduct. 2023 CBS Broadcasting Inc. All Rights Reserved. Under a settlement with the city, Smyly will remain on Boulders payroll until February 2020. After other officers arrived Atkinson berated them for many minutes for their response to a non-situation. Boulder police said there is no evidence Atkinson was racially profiled. Atkinson beleives he was "penalized for practicing my rights," and his attorney, Siddhartha Rathod, said the officer's punishment doesn't reflect that. Lawrences arrest came later and with less fanfare. Smyly resigned under an agreement that allows him to collect $69,000 in salary. "Shouldn't that be enough for you?". 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. Outside review validated BPDs procedures. 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.. During this period, the subject officer repeatedly asked Mr. Atkinson to stop and advised him that he was obstructing a police officer. ", "I just told you I lived here and I told you that I'm working as well," 26-year-old Zayd Atkinson responded. The situation -- which was captured on video -- drew criticism for what student Zayd Atkinson said was an instance of racial profiling. While he said he appreciates Boulder police releasing the numbers, he believes real change is still years away. Reporting Officer: SMYLY, J. 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. This is incredibly frustrating to watch. Cookie Notice This is one of those bad-apple cops the citizens of the country should keep track of. "I need to verify who you are," Smyly says. Fax: 303-578-4401. Smyly, a 14-year veteran of the department, resigned from active duty on May 16. Box 21315 Boulder, CO 80301. Prolonged litigation will adversely impact those efforts. 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. According to the police report, Smyly asked Atkinson if he lived there and Atkinson said he did, and provided his Naropa student ID. The officers arrived and later left after they determined Atkinson had the right to be there. 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. There are still liberal snowflakes trying to stir up indignation over the overblown drama of the Zayd Atkinson incident. 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 . Smyly resigned on Wednesday before the start of a planned administrative hearing into the matter. By Ben Kesslen. 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? 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. 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 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. 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. 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 should not have been stopped. The independent report also echoed the Boulder police report conclusion that there was no evidence of racial bias on the part of Smyly. The Boulder Police Department said it placed the first officer on administrative leave while it investigated the incident. 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. "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." He and his lawyer, Siddhartha Rathod, spoke to "Good Morning . 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. Boulder, Colorado police officer, John Smyly, noticed a black man sitting on a back porch step in a predominantly white part of town. 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. Several officers responded, including a supervisor, according to the police department. 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 . The statement did not release any terms of the settlement. 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. What happened to Officer John Smyly who resigned from BPD after illegal detention of Zayd Atkinson? 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. 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 "There are instances like this where people don't come out alive. Class 1 Professional Standards investigation for alleged violation of: Atkinson walked away, the subject officer followed from a distance. Required fields are marked *. 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. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo., detained him in March, 2019. Mr. 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. 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