This is one of those bad-apple cops the citizens of the country should keep track of. 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. Lolotais departure was unrelated to that investigation or the many excessive force allegations that plagued him every since his time at the Denver Sheriffs Department. All rights reserved. ABC7 New York 24/7 Eyewitness News . Smyly contacted Atkinson March 1 outside Naropa student housing at 2333 Arapahoe Ave. as Atkinson was picking up trash with a long metal claw. Once the additional officers who arrived assessed the situation, they used appropriate de-escalation techniques and left. The city is committed to learning from this incident and moving forward to become a safer, more welcoming, and respectful place for all.. In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. Click here to read this article in its entirety at www.dailycamera.org, Rathod | Mohamedbhai LLC Mr. Atkinson should not have been stopped. 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. 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. Thats a gun, Zayd Atkinson said, according to the body camera footage. The statement did not release any terms of the settlement. 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. The (Professional Standards Unit) investigation resulted in a complete, thorough, impartial report package, the independent report reads. 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 . April 5, 2019. Boulder, Colorado police officer, John Smyly, noticed a black man sitting on a back porch step in a predominantly white part of town. 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. It has historically had problems with minority communities," Rathod said. Denver, Colorado 80205 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.. 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. 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. 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. "Mr. Atkinson and the . Smyly also threatened to use his stun gun on Atkinson because he "had a weapon," referring to Atkinson's pole. 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. More officers -- 8 in total -- eventually arrived, some with guns drawn. Atkinson said he's trying to work through the painful incident and wants to meet with city officials to start a dialogue about their policies and officer training. If it were not for that cellphone footage, would there have been an internal investigation? "Shouldn't that be enough for you?". (credit: CBS) Help make the Beat better. He found none. In the wake of the incident, Boulder City Council formed a committee to explore a police oversight committee. Reporting Officer: SMYLY, J. We would immediately lose our jobs." A phone number for Smyly could not be located Thursday. 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. but it can also be stressful. HuffPost reports that Officer John Smyly violated two department policies when confronted Zayd Atkinson, including public trust and conduct. They unanimously approved the payout Tuesday. Help make the Beat better. 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. Your email address will not be published. Copyright 2023 ABC News Internet Ventures. Such is the case of Boulder, Colo., police officer John Smyly over his interaction with Zayd Atkinson on March 1st this year. While no one was arrested, the police department launched an internal affairs investigation, and the city hired an outside investigator to review the incident.. By Breanna . The officer, John Smyly, resigned with a severance package, as the City Council and community members were troubled by the incident. "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. He was charged with obstructing a peace officer and resisting arrest. The former Boulder police officer who resigned after pointing a gun at a Black Naropa student has agreed to leave his temporary civilian position with the Boulder County Sheriff's Office after complaints from the Boulder County NAACP chapter.. John Smyly was found in violation of department policies and resigned in May 2019 after an internal investigation into Smyly's encounter with Zayd . . Copyright 2023 KGO-TV. I'm freaking picking up trash on my property which is where I live. It l isted the main Naropa University address (2310 Arapahoe Avenue). Meanwhile, Zayd said talk is cheap. Mr. Atkinson was repeatedly ordered to put down his "weapon" which was a trash grabber and plastic bucket. It was a frightening experience. The City of Boulder concluded the investigation into a March 1, 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. The City of Boulder concluded the investigation into a March 1, 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. Was there a perspective we missed, or facts we didnt consider? "Not only that you know I'm a black man, I have dreads. 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. I was having very strange dreams and couldn't really sleep," Atkinson said. The Moving can be an exciting experience. But Troyers report went on to recommend that Boulder not make any changes to its process. Examined. The incident sparked outrage as video of the encounter made the rounds on social media. "There are instances like this where people don't come out alive. 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. They said they didn't find any evidence of racial profiling. 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 . 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. "I believe that this man had approached me because I'm a black male in an all white town. Click here to sign up for a weekly newsletter from Boulder Beat. Whether movers in Fort Collins are helping you Boulder Police Department / Courtesy photo. (Jeremy Papasso/Staff photographer) The city on Thursday announced the settlement but did not include the terms in a news release. 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 officer who confronted Atkinson resigned from the Boulder Police Department, and the Department enhanced oversight . 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.. Telephone: 303-578-4400 "Well I believe that this man had approached me because I'm a black male in an all-white town," Atkinson said later. City council is set to approve the payout during a special Monday night meeting, the only non-coronavirus item on the agenda. Boulder has agreed to pay $95,000 to Sammie Lawrence, a Black man arrested in 2019 while filming a police interaction with unhoused individuals. A black man in Colorado said he hasn't slept well since he was traumatized by a group of white police officers who held him at gunpoint and detained him while he was picking up trash in front of his home. 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. Create a free website or blog at WordPress.com. ", "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. Was there a perspective we missed, or facts we didnt consider? "Give him his ID back and we're outta here," one of the officers is heard saying. An attorney for Atkinson called the agreement with the city of Boulder "ridiculous." "Boulder is essentially saying we're going to pay this officer and let him resign for threatening Zayd's life . Atkinson said he's had trouble sleeping since the incident. An officer had drawn his gun as Atkinson picked up trash outside his dorm. ), Want more stories like this, delivered straight to your inbox? Zayd Atkinson, a student at Naropa University in Boulder, . PUBLISHED: May 16, 2019 at 9:28 a.m. | UPDATED: May 16, 2019 at 11:48 a.m. When demonstrators took to the . Covering City Council and Sundry, with flair, Sunday, Jan. 2, 2022 (Updated Tuesday, Jan. 4). 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. They are precious, and they are very hard to repair once broken. Smyly asked Atkinson if he was permitted to be in the location. Outside review validated BPDs procedures. The officer eventually pulled out his gun and called for backup. Scroll down for video It is the second settlement related to highly publicized encounters of Black men by Boulder police officers that year. "Officers ultimately determined that the man had a legal right to be on the property and returned the mans school identification card," the department said in a statement last month. 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. The officers arrived and later left after they determined Atkinson had the right to be there. For more information, please see our A Boulder police officer has resigned following a confrontation with a black college student who was picking up trash in his yard. 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). Im picking up trash. The officer eventually pulled out his gun and called for backup. University of Colorado Boulder Officer Drew Matthews (image via department) Under the anonymity of the internet, a University of Colorado Boulder police officer trolled . Email your thoughts to, established a new citizen oversight group. Smyly said he was concerned Atkinson might have been trespassing. Several officers responded, including a supervisor, according to the police department. Troyer also is investigating a separate incident in which a police officer arrested a black man with a cane who was filming officers interacting with homeless people. 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. Zayd Atkinson was among the more than 600 protesters in Boulder on Sunday who marched from . 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. 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. RO=Responsible Officer, Rep=Representative. Mitchell Byars has been reporting for the Daily Camera since 2011, covering breaking news and courts. 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. 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. 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. ", "I just told you I lived here and I told you that I'm working as well," 26-year-old Zayd Atkinson responded. This wasn't enough for Officer Smyly. 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.. But with the question about which specific unit he lived in, Mr. Atkinson paused, looked around, and began to become exasperated.. SFC licensees. 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. "It definitely brings fear to my heart knowing that some people don't survive. Internal Affairs Investigation Case Number: IA2019-001. Hogwash! Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo., detained him in March, 2019. 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. 2023 CBS Broadcasting Inc. All Rights Reserved. The Daily Camera reported that Lolotai left after his home address was posted publicly by activists. In a viral video, Atkinson was confronted by a police officer while he was picking up trash outside of his . Smyly, a 14-year veteran of the department, resigned from active duty on May 16. 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. Atkinson was detained by Smyly for further investigation and he made a call for backup. City council is set to approve the payout during a special Monday night meeting , the only non-coronavirus item on the agenda. 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. If it aint broke, dont fix it, the report read. Whether movers in Fort Collins are helping you Sam Lounsberry covers Longmont and the Carbon Valley. At the time I had a beard and I was wearing raggedy clothes.". Prolonged litigation will adversely impact those efforts. Investigations into both incidents were subject toindependent reviewdue to high community interest. Per Boulders charter, settlements over $10,000 have to be OKd by city council. I'm blessed that I got out alive and unharmed," he said. Im sorry for what you went through, said councilwoman Nicole Speer. He then begins commands for the student to sit down on the pavement . Lawrence, in a prepared statements. Atkinson told the officer that he lived in the building and showed him his school identification card. Bodycam footage of the incident emerged and sparked outrage. That's when the tense 22-minute stand-off ends. Prolonged litigation will adversely impact those efforts. During this period, the officer was alone with Mr. Atkinson., Im picking up trash and youre holding a gun. [ Pasco County Sheriff's Office ] Nedra Miller . Examined. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo . According to the police report, Smyly asked Atkinson if he lived there and Atkinson said he did, and provided his Naropa student ID. 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. 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. Tunnel vision is a common affliction in internal investigations, especially when it conveniently allows police departments to avoid severe allegations like racism. 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. The encounter led to allegations of racial profiling and police misconduct. According to the police report, Smyly asked Atkinson . "This is an all-white community that has historically treated minority communities differently. The officer requested backup and followed him, ordering him to sit down. The subject officer notified dispatch and initiated what he described as a consensual contact.. 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. All Rights Reserved. This field is for validation purposes and should be left unchanged. Privacy Policy. approval of past meeting minu, which historically does not receive discussion. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. 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 . It stated that he is a student at Naropa University. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); True life tales of a homeless man in Boulder, CO. Zayd Atkinson, 26, told ABC News he's still fighting to overcome the "traumatic experience" of being racially profiled by Colorado police officers. The city of Boulder said in a statement Thursday that officer John Smyly violated multiple department policies when he confronted Zayd Atkinson, 26, in March. 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. The Boulder Police Department said it placed the first officer on administrative leave while it investigated the incident. 2019 CBS Broadcasting Inc. All Rights Reserved. but it can also be stressful. Fax: 303-578-4401. / CBS Colorado. 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. Smyly resigned prior to the conclusion of the disciplinary process, but police indicated the process would have likely resulted in suspension or termination. 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. Im picking up trash and youre holding a gun.. Mr. Atkinson was picking up trash on his property and had not committed a crime. 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? By Ben Kesslen. The subject officer then activated his body camera and decided to self-initiate contact with Mr. Atkinson to determine what he was doing and if he lived or worked there. Atkinson was allegedly racially profiled by a Boulder Police officer for picking up trash on his own property. Atkinson repeats he's provided his identification but Smyly wants more proof. Class 1 Professional Standards investigation for alleged violation of: Fax: 303-578-4401. 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, the Naropa University student who was detained on his front doorstep . Atkinson walked away, the subject officer followed from a distance. "There is a problem with law enforcement's interaction with minority communities.". During this period, the subject officer repeatedly asked Mr. Atkinson to stop and advised him that he was obstructing a police officer. "I couldn't help but notice you sitting on the patio out there," officer John Smyly says in the video. Boulder Beat. 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. "I was suffering with a lot of anxiety, a lot of depression. 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. Why would you think that you could tase me? You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. Boulder City Attorney Tom Carr and Atkinson's attorneys at Rathod Mohamedbhai LLC issued a joint statement on Thursday. 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. Night meeting, the subject officer followed from a distance n't find any evidence of racial.... Id back and we 're outta here, '' he said formed a committee explore... Article in its entirety at www.dailycamera.org, Rathod | Mohamedbhai LLC Mr. raised... ( UPDATED Tuesday, Jan. 4 ) the proper functionality of our platform stories like this delivered... Picking zayd atkinson officer name trash outside his dorm and resisting arrest said, according to the police,. 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