The investigation found officer John Smyly violated two department policies and determined: 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 body camera videos, the police reports . Video and reports of the incident, during which Atkinson was repeatedly asked for identification showing he lived at . 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 drew his stun gun and then his handgun as he felt threatened by the trash grabber Atkinson was using. At the time I had a beard and I was wearing raggedy clothes.". Atkinson was allegedly racially profiled by a Boulder Police officer for picking up trash on his own property. The city is committed to learning from this incident and moving forward to become a safer, more welcoming, and respectful place for all.. 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. Boulder City Attorney Tom Carr and Atkinson's attorneys at Rathod Mohamedbhai LLC issued a joint statement on Thursday. Help make the Beat better. Im picking up trash. 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. Examined. 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. 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. Under a settlement with the city, Smyly will remain on Boulders payroll until February 2020. 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 city on Thursday announced the settlement but did not include the terms in a news release. 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. 2701 Lawrence Street, Suite 100 City council is set to approve the payout during a special Monday night meeting , the only non-coronavirus item on the agenda. But Smyly kept insisting Atkinson tell him his unit number, wanting further proof that he lived there. "I couldn't help but notice you sitting on the patio out there," officer John Smyly says in the video. Here, the PSU sergeant and command staff did not succumb to it.. Atkinson beleives he was "penalized for practicing my rights," and his attorney, Siddhartha Rathod, said the officer's punishment doesn't reflect that. Atkinson walked away, the subject officer followed from a distance. Such is the case of Boulder, Colo., police officer John Smyly over his interaction with Zayd Atkinson on March 1st this year. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. I'm freaking picking up trash on my property which is where I live. (Jeremy Papasso/Staff photographer) The (Professional Standards Unit) investigation resulted in a complete, thorough, impartial report package, the independent report reads. approval of past meeting minu, which historically does not receive discussion. "Not only that you know I'm a black man, I have dreads. Mitchell Byars has been reporting for the Daily Camera since 2011, covering breaking news and courts. Why would you think that you could tase me? Required fields are marked *. Mr. Atkinson was repeatedly ordered to put down his "weapon" which was a trash grabber and plastic bucket. Email your thoughts to boulderbeatnews@gmail.com, 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. Here are some ways you can help. Councilwoman Rachel Friend added, I hope this settlement brings you some peace., (Authors note: This article has been updated to include a statement from Lawrences attorneys, additional information from the lawsuit and action from city council Tuesday. In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. 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. Prolonged litigation will adversely impact those efforts. It stated that he is a student at Naropa University. We would immediately lose our jobs." A phone number for Smyly could not be located Thursday. "I will not sit down, I refuse to sit down, until you guys put your (expletive) weapons away," Atkinson said. For more information, please see our * In the wake of the incident, Boulder City Council formed a committee to explore a police oversight committee. At least 1 student stabbed during fight at North Bay school: Police, How safe is your neighborhood? 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. In response, Mr. Atkinson handed Officer Smyly his student identification card. 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. Email your thoughts to, established a new citizen oversight group. May 17, 2019, 6:17 AM PDT. He and his lawyer, Siddhartha Rathod, spoke to "Good Morning . 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? 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. 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. "I continued to go back to work and pick up trash and clean up my grounds.". 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. Original Post: . 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. The City of Boulder concluded the investigation into a March 1, 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. We also know from our experience that reliable, impartial internal affairs processes can be hard to come by. Two elected officials did direct comments to Lawrence. Atkinison sued, and in March of 2020 he was awarded $125,000 in a settlement with the City of Boulder. Boulder Beat. Cookie Notice 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. 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. If you use that weapon against me then yes, that is a consideration, Smyly responded. Click here to sign up for a weekly newsletter from Boulder Beat. Printed By: RAABP1, 05/14/2019 12:19 Page 4 R_CS3NC REPORTING . Executive Summary. The body camera videos, the police reports . The process and its application in this particular case strongly indicate that internal affairs at BPD aint broke. Living at Kimberly Court can seem like living in the most convenient location in Boulder. "There is a problem with law enforcement's interaction with minority communities.". 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. 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 . When demonstrators took to the . He then begins commands for the student to sit down on the pavement . While he said he appreciates Boulder police releasing the numbers, he believes real change is still years away. 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In a viral video, Atkinson was confronted by a police officer while he was picking up trash outside of his . 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 . 2019 CBS Broadcasting Inc. All Rights Reserved. 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. April 5, 2019. Following the March 1 episode with Naropa student Zayd Atkinson, also described in the complaint, Lolotai was caught on video again during the April 5 arrest of Sammie Lawrence, who tried to . The settlement has been reported to be a sum of $125,000. [ Pasco County Sheriff's Office ] Nedra Miller . approval of past meeting minu Want more stories like this, delivered straight to your inbox? "He's at home being paid for racially profiling Zayd for illegally stopping him and for threatening his life.". The police department has also released all related body camera footage. Outside review validated BPDs procedures. 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.. Up to this point, Mr. Atkinson had been polite but surprised by Officer Smylys presence, the independent report read. Tunnel vision is a common affliction in internal investigations, especially when it conveniently allows police departments to avoid severe allegations like racism. 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. 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 added that Smyly resigned . Though the (Professional Standards Unit) only investigates about three Class 1 cases a year, those cases will be handled under much less stress, and the risk of error due to time pressure and workload will be reduced, if trained support staff is ready when needed.. Was there a perspective we missed, or facts we didnt consider? Scroll down for video "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. On March 1, he tried to detain 26-year-old student Zayd Atkinson in his front yard. In a statement released on Thursday, The city of Boulder announced that an investigation found that Smyly violated two police department policies: document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Throw me some cash if you've got it so I can keep you informed. "It definitely brings fear to my heart knowing that some people don't survive. 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. 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 City of Boulder concluded the investigation into a March 1, 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. In their report, released today, the investigators backed the findings of the Boulder Police Department internal affairs investigation into Officer John Smyly and his interaction on March 1 with Naropa student Zayd Atkinson. 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. He drew his handgun after Mr. Atkinson stopped behind the building out of sight of the street. "You're an idiot. 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. 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. 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. 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 . RO=Responsible Officer, Rep=Representative. That lack of explanation solidified Mr. Atkinsons perception that he was not being treated honestly and fairly, which increased his agitation and heightened his berating of the officers.. 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. The officer eventually pulled out his gun and called for backup. May 16, 2019 / 5:17 PM But sometimes there's just no excuse for police behavior. In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. Copyright 2023 KGO-TV. 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. The Boulder police officer who confronted a black Naropa student picking up trash outside his residence in March was . 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. 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. The encounter led to allegations of racial profiling and police misconduct. It has historically had problems with minority communities," Rathod said. 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