Help make the Beat better. 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. "I continued to go back to work and pick up trash and clean up my grounds.". Additionally, the proper protocol would have been for the officer to walk away after Mr. Atkinson produced his student identification card and explained what he was doing. But sometimes there's just no excuse for police behavior. Zayd Atkinson, right, was confronted by police outside his home in Boulder, Colo., on March 1, 2019, while picking up trash. 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. 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. Smyly, a 14-year veteran of the department, resigned from active duty on May 16. In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. According to the police report, Smyly asked Atkinson . Mr. Atkinson was picking up trash. 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 encounter led to allegations of racial profiling and police misconduct. 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 just checking to make sure that you have a right to be here, that's all. The Boulder Police Department said it placed the first officer on administrative leave while it investigated the incident. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); True life tales of a homeless man in Boulder, CO. Atkinison sued, and in March of 2020 he was awarded $125,000 in a settlement with the City of Boulder. They are precious, and they are very hard to repair once broken. 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.. Living at Kimberly Court can seem like living in the most convenient location in Boulder. All Rights Reserved. Hogwash! 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.". The Boulder police officer who confronted a black Naropa student picking up trash outside his residence in March was . Here are some ways you can help. 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. "Give him his ID back and we're outta here," one of the officers is heard saying. The city is committed to learning from this incident and moving forward to become a safer, more welcoming, and respectful place for all.. 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. He drew his handgun after Mr. Atkinson stopped behind the building out of sight of the street. Reddit and its partners use cookies and similar technologies to provide you with a better experience. ", 2 teen girls arrested in SF scooter attack, police say, Doctor urges that heart health be a year-round priority, Eli Lilly cuts insulin prices up to 70% amid pressure to slash costs. 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. The independent report also echoed the Boulder police report conclusion that there was no evidence of racial bias on the part of Smyly. 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 also threatened to use his stun gun on Atkinson because he "had a weapon," referring to Atkinson's pole. Box 21315 Boulder, CO 80301. 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. Up to this point, Mr. Atkinson had been polite but surprised by Officer Smylys presence, the independent report read. Apparently he was on the payroll until Feb of this year. The statement did not release any terms of the settlement. 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. Boulder Beat. Atkinson repeats he's provided his identification but Smyly wants more proof. 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. Several officers responded, including a supervisor, according to the police department. Additionally, the City arranged for the departure of the officer. Your email address will not be published. and our Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo . 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. 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). Outside review validated BPDs procedures. Naropa University student Zayd Atkinson speaks about being racially profiled by a Boulder Police officer for picking up trash with a wand on his own property. Reporting Officer: SMYLY, J. This news doesnt write itself. 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 investigation found officer John Smyly violated two department policies and determined: 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. Finally, police confirm his story by asking someone else if he does, in fact, live there. 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. Fax: 303-578-4401. PUBLISHED: May 16, 2019 at 9:28 a.m. | UPDATED: May 16, 2019 at 11:48 a.m. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. Internal Affairs Investigation Case Number: IA2019-001. Boulder City Attorney Tom Carr and Atkinson's attorneys at Rathod Mohamedbhai LLC issued a joint statement on Thursday. A Boulder police officer approached Atkinson on foot, asking him what he was doing . Denver, Colorado 80205 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. 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. Atkinson said he's had trouble sleeping since the incident. 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. The City of Boulder concluded the investigation into a March 1, 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. Atkinson was holding a bucket and a metal trash picker in front of his residence on March 1, when a Boulder police officer confronted him and asked him if he was permitted to be there. The City is committed to learning from this incident and moving forward to become a safer, more . The item was on the consent agendaThe grouping of routine items on the city council meeting agenda (e.g. 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. I'm not doing anything illegal, and you're not going to f------ tase me," Atkinson said in the video. In response, Mr. Atkinson handed Officer Smyly his student identification card. ", "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. In the wake of the incident, Boulder City Council formed a committee to explore a police oversight committee. Get browser notifications for breaking news, live events, and exclusive reporting. Zayd Atkinson a university student of Naropa was held at gunpoint by 6-7 Caucasian Police Officers for simply picking up trash on his property. In a viral video, Atkinson was confronted by a police officer while he was picking up trash outside of his . This report is an executive summary of a personnel investigation into the allegation of serious misconduct involving a Boulder Police Officer. 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? By Ben Kesslen. 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. At the time I had a beard and I was wearing raggedy clothes.". He then begins commands for the student to sit down on the pavement . 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. 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