But with the question about which specific unit he lived in, Mr. Atkinson paused, looked around, and began to become exasperated.. 7On a seemingly normal morning in March of 2019, Zayd Atkinson was picking up trash outside of his . Smyly, a 14-year veteran of the department, resigned from active duty on May 16. Click here to sign up for a weekly newsletter, from Boulder Beat. Smyly resigned under an agreement that allows him to collect $69,000 in salary. 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. ), Want more stories like this, delivered straight to your inbox? Required fields are marked *. 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. * April 15, 2022, 9:13am. 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.. More officers -- 8 in total -- eventually arrived, some with guns drawn. 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. If you use that weapon against me then yes, that is a consideration, Smyly responded. The Moving can be an exciting experience. "I was not going to just fall in line again and just be a dog," Atkinson told CBS4 on Thursday. 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. HuffPost reports that Officer John Smyly violated two department policies when confronted Zayd Atkinson, including public trust and conduct. Mr. Atkinson was picking up trash. Smyly contacted Atkinson March 1 outside Naropa student housing at 2333 Arapahoe Ave. as Atkinson was picking up trash with a long metal claw. 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. Reporting Officer: SMYLY, J. 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.. They unanimously approved the payout Tuesday. "He's at home being paid for racially profiling Zayd for illegally stopping him and for threatening his life.". Smyly said he was concerned Atkinson might have been trespassing. 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. Boulder police said there is no evidence Atkinson was racially profiled. Atkinson was picking up trash outside his dormitory when a white police officer in 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. but it can also be stressful. Atkinson was detained by Smyly for further investigation and he made a call for backup. 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. "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. Boulder is set to issue a $125,000 settlement payment to Zayd Atkinson, the black Naropa University student who was confronted by a now-former city police officer last year while picking up trash outside his school housing unit. May 17, 2019, 6:17 AM PDT. PUBLISHED: May 16, 2019 at 9:28 a.m. | UPDATED: May 16, 2019 at 11:48 a.m. During this period, the subject officer repeatedly asked Mr. Atkinson to stop and advised him that he was obstructing a police officer. Lawrences arrest came later and with less fanfare. Funny he changed his display name to John S., but didn't change the URL from his full name. 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. "Boulder police began looking into the incident on Friday and early this morning launched an official internal affairs investigation.". The City of Boulder concluded the investigation into a March 1, 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. 2701 Lawrence Street, Suite 100 While the stop itself was wrong, some things were done right during the encounter itself. "Well I believe that this man had approached me because I'm a black male in an all-white town," Atkinson said later. 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.. 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. ", 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. 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. 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. Zayd Atkinson, a student at Naropa University in Boulder, . 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. That identification card, the same size as a driver's license or credit card, displayed Mr. Atkinson's name and photo. The report released with the body camera footage noted the officer did not have authority to detain Mr Atkinson, or probable cause to . Smyly drew his stun gun and then his handgun as he felt threatened by the trash grabber Atkinson was using. 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. 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. 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. 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. Why would you think that you could tase me? In response, Mr. Atkinson handed Officer Smyly his student identification card. First published on May 16, 2019 / 5:17 PM. Atkinson told the officer that he lived in the building and showed him his school identification card. The settlement has been reported to be a sum of $125,000. Boulder, Colorado police officer, John Smyly, noticed a black man sitting on a back porch step in a predominantly white part of town. Additionally, the City arranged for the departure of the officer. "I continued to go back to work and pick up trash and clean up my grounds.". 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). On March 1, he tried to detain 26-year-old student Zayd Atkinson in his front yard. Atkinson said he's had trouble sleeping since the incident. 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.". As a result of the listening session, the City established a civilian police oversight task force that made recommendations which resulted in the adoption of an ordinance establishing a new civilian police oversight model. We should know where he is and if he's allowed to work as a cop or in a field that requires public trust. Click here to read this article in its entirety at www.dailycamera.org, Rathod | Mohamedbhai LLC In addition to increased oversight, BPD revamped its use of force policies in August 2020. This report is an executive summary of a personnel investigation into the allegation of serious misconduct involving a Boulder Police Officer. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. 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.. 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. 0:24 - Zayd A. Prolonged litigation will adversely impact those efforts. . 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 Boulder police officer who confronted a black Naropa student picking up trash outside his residence in March was . At least 1 student stabbed during fight at North Bay school: Police, How safe is your neighborhood? But sometimes there's just no excuse for police behavior. Fax: 303-578-4401. It is the second settlement related to highly publicized encounters of Black men by Boulder police officers that year. Privacy Policy. 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. Up to this point, Mr. Atkinson had been polite but surprised by Officer Smylys presence, the independent report read. Box 21315 Boulder, CO 80301. 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. Internal Affairs Investigation Case Number: IA2019-001. Name Age in 2023 Role From Until; 1: Abdalla, Raja Aulia Rezza : Rep: 2015-01-29: 2015-02-03: 2: Abdullah, Hugh Idris : At one point the officer says, "you're probably going to get tased.". Original Post: . In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. Zayd gave his name and confirmed that he lived at the location. He said he still hasn't received an apology, and the new report is just Boulder police's way of covering their backs. . 2019 CBS Broadcasting Inc. All Rights Reserved. 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