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. 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. Prolonged litigation will adversely impact those efforts. First published on May 16, 2019 / 5:17 PM. 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.. That's when the tense 22-minute stand-off ends. The officer eventually pulled out his gun and called for backup. The report also lauded the internal affairs sergeant for thoroughness, including checking Smylys stop data. This news doesnt write itself. approval of past meeting minu, which historically does not receive discussion. The Boulder Police Department concluded an internal investigation on the March 1 incident when officers, two of them with guns drawn, confronted Zayd Atkinson.. Outside review validated BPDs procedures. Smyly contacted Atkinson March 1 outside Naropa student housing at 2333 Arapahoe Ave. as Atkinson was picking up trash with a long metal claw. Privacy Policy. Video of the . but it can also be stressful. 7On a seemingly normal morning in March of 2019, Zayd Atkinson was picking up trash outside of his . The officer, John Smyly, resigned with a severance package, as the City Council and community members were troubled by the incident. 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. Smyly drew his stun gun and then his handgun as he felt threatened by the trash grabber Atkinson was using. Zayd Atkinson, a student at Naropa University in Boulder, . Mar. "I was suffering with a lot of anxiety, a lot of depression. 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. 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 . 2701 Lawrence Street, Suite 100 The investigation found officer John Smyly violated two department policies and determined: City council is set to approve the payout during a special Monday night meeting, the only non-coronavirus item on the agenda. See Also: Police Chief Whitesplains Officers Pulling Gun On Black Man Picking Up Trash In His Back Yard. What happened to Officer John Smyly who resigned from BPD after illegal detention of Zayd Atkinson? Class 1 Professional Standards investigation for alleged violation of: "There is a problem with law enforcement's interaction with minority communities.". Two elected officials did direct comments to Lawrence. Smyly, a 14-year veteran of the department, resigned from active duty on May 16. The (Professional Standards Unit) sergeant hand-searched each of Officer Smylys stops and looked for any disparities based on the race of the individual contacted, the report read. All Rights Reserved. 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. Click here to read this article in its entirety at www.bouldercolorado.com, Rathod | Mohamedbhai LLC In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. In the wake of the incident, Boulder City Council formed a committee to explore a police oversight committee. The City of Boulder concluded the investigation into a March 1, 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. Boulder City Attorney Tom Carr and Atkinson's attorneys at Rathod Mohamedbhai LLC issued a joint statement on Thursday. We also know from our experience that reliable, impartial internal affairs processes can be hard to come by. Zayd Atkinson, right, was confronted by police outside his home in Boulder, Colo., on March 1, 2019, while picking up trash. 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. "There are instances like this where people don't come out alive. We offer these observations so that the city does not take action that inadvertently and irretrievably breaks a system that did not need fixing.. 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. Zayd Atkinson, 26, told ABC News he's still fighting to overcome the "traumatic experience" of being racially profiled by Colorado police officers. 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 . 0:24 - Zayd A. HuffPost reports that Officer John Smyly violated two department policies when confronted Zayd Atkinson, including public trust and conduct. "Not only that you know I'm a black man, I have dreads. 2019 CBS Broadcasting Inc. All Rights Reserved. The report released with the body camera footage noted the officer did not have authority to detain Mr Atkinson, or probable cause to . "Well I believe that this man had approached me because I'm a black male in an all-white town," Atkinson said later. Smyly said he was concerned Atkinson might have been trespassing. He said he still hasn't received an apology, and the new report is just Boulder police's way of covering their backs. 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. 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 Smyly asked Atkinson if he was permitted to be in the location. 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. Zayd Atkinson, the Naropa University student who was detained on his front doorstep . ", "I just told you I lived here and I told you that I'm working as well," 26-year-old Zayd Atkinson responded. and his friend also told officers Atkinson was a . I was having very strange dreams and couldn't really sleep," 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. After other officers arrived Atkinson berated them for many minutes for their response to a non-situation. If you use that weapon against me then yes, that is a consideration, Smyly responded. The officer requested backup and followed him, ordering him to sit down. and our The training of the additional officers who arrived on scene contributed to the resolution of this incident without further escalation or injury. 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. Smyly resigned on Wednesday before the start of a planned administrative hearing into the matter. Once the additional officers who arrived assessed the situation, they used appropriate de-escalation techniques and left. 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. 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 address. Several officers responded, including a supervisor, according to the police department. Im picking up trash and youre holding a gun.. Denver, Colorado 80205 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 . Your email address will not be published. ", A police internal affairs report obtained by ABC News shows Smyly's decision to attempt to detain Atkinson "was not supported by reasonable suspicion that Mr. Atkinson was committing, had committed, or was about to commit a crime. Or mail cash/check/precious gemstones toP.O. 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. . Fax: 303-578-4401. We should know where he is and if he's allowed to work as a cop or in a field that requires public trust. Hogwash! The police department has also released all related body camera footage. It was a frightening experience. <p>In this undated photo provided by lawyer Siddhartha Rathod, Zayd . 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. 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. Executive Summary. The city is committed to learning from this incident and moving forward to become a safer, more welcoming, and respectful place for all.. 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. Up to this point, Mr. Atkinson had been polite but surprised by Officer Smylys presence, the independent report read. Meanwhile, Zayd said talk is cheap. University of Colorado Boulder Officer Drew Matthews (image via department) Under the anonymity of the internet, a University of Colorado Boulder police officer trolled . 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. Atkinson was detained by Smyly for further investigation and he made a call for backup. I'm freaking picking up trash on my property which is where I live. Prolonged litigation will adversely impact those efforts. Help make the Beat better. 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. 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. 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. 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. The community member is being identified as he was previously publicly identified. Mitchell Byars has been reporting for the Daily Camera since 2011, covering breaking news and courts. While the stop itself was wrong, some things were done right during the encounter itself. Thats a gun, Zayd Atkinson said, according to the body camera footage. 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. 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. 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 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. 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. 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 . ", "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. Had Officer Smyly understood the law, the contact would have ended without trauma, the report read. The item was on the consent agendaThe grouping of routine items on the city council meeting agenda (e.g. 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. 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.". "I was not going to just fall in line again and just be a dog," Atkinson told CBS4 on Thursday. While he said he appreciates Boulder police releasing the numbers, he believes real change is still years away. 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