The statement did not release any terms of the settlement. 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. But Troyers report went on to recommend that Boulder not make any changes to its process. The incident sparked outrage as video of the encounter made the rounds on social media. Telephone: 303-578-4400 Mr. Atkinson should not have been stopped. Boulder Beat. The report released with the body camera footage noted the officer did not have authority to detain Mr Atkinson, or probable cause to . The City of Boulder concluded the investigation into a March 1, 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. 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 Boulder Police Department concluded an internal investigation on the March 1 incident when officers, two of them with guns drawn, confronted Zayd Atkinson.. "I couldn't help but notice you sitting on the patio out there," officer John Smyly says in the video. While the stop itself was wrong, some things were done right during the encounter itself. Denver, Colorado 80205 In the wake of the incident, Boulder City Council formed a committee to explore a police oversight committee. Prolonged litigation will adversely impact those efforts. According to the police report, Smyly asked Atkinson if he lived there and Atkinson said he did, and provided his Naropa student ID. Outside review validated BPDs procedures. 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. This is incredibly frustrating to watch. New video shows moment Boulder officer pulled gun on black man picking up trash in own yard. Original Post: . 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. This report is an executive summary of a personnel investigation into the allegation of serious misconduct involving a Boulder Police Officer. Boulder Police Department. 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. 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. The Moving can be an exciting experience. 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. 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. A Naropa employee eventually arrived on scene and verified Atkinsons identity, and Atkinson was released with no charges. We should know where he is and if he's allowed to work as a cop or in a field that requires public trust. I felt obliged to set 'em straight:https://t.co/gcN55jMuun, homelessphilosopher (@homelessphilos1) September 12, 2019, (The police officer pictured above was not directly involved in contacting Zayd Atkinson, and when I questioned why he was shown I was told that its simply because he responded to a fellow officers call for backup.). Name Age in 2023 Role From Until; 1: Abdalla, Raja Aulia Rezza : Rep: 2015-01-29: 2015-02-03: 2: Abdullah, Hugh Idris : That identification card, the same size as a driver's license or credit card, displayed Mr. Atkinson's name and photo. Atkinson was allegedly racially profiled by a Boulder Police officer for picking up trash on his own property. ), Want more stories like this, delivered straight to your inbox? The Boulder police officer who confronted a black Naropa student picking up trash outside his residence in March was . By Breanna . ABC7 New York 24/7 Eyewitness News . Boulder Police Officer John Smyly quit the police force after an investigation found he violated department policy when he drew his gun and attempted to detain 26-year-old Zayd Atkinson in March . At one point the officer says, "you're probably going to get tased.". "I'm just checking to make sure that you have a right to be here, that's all. The officer requested backup and followed him, ordering him to sit down. In a statement released on Thursday, The city of Boulder announced that an investigation found that Smyly violated two police department policies: The Moving can be an exciting experience. 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. Examined. 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. Was there a perspective we missed, or facts we didnt consider? "You're an idiot. However, none of the officers explained why they wanted him to sit down. The officer who confronted Atkinson resigned from the Boulder Police Department, and the Department enhanced oversight . 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. A Boulder police officer approached Atkinson on foot, asking him what he was doing . 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. 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. The City of Boulder approved a $125,000 payment to Atkinson in 2020. . May 17, 2019, 6:17 AM PDT. While the report said Atkinson was justified in his confusion and frustration, it said at no point in the entire incident did anyone use racial language, slurs or innuendo.. Click here to sign up for a weekly newsletter from Boulder Beat. Examined. 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. I thoroughly believe I was profiled," Atkinson said. Denver, Colorado 80205 It was a frightening experience. 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. All rights reserved. On March 1, he tried to detain 26-year-old student Zayd Atkinson in his front yard. Officers in the two cases resigned from Boulder Police Department. We offer these observations so that the city does not take action that inadvertently and irretrievably breaks a system that did not need fixing.. He found none. There are still liberal snowflakes trying to stir up indignation over the overblown drama of the Zayd Atkinson incident. 2023 CBS Broadcasting Inc. All Rights Reserved. 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. 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). Mr. Atkinson was picking up trash on his property and had not committed a crime. 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. 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. In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. 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. 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. By Ben Kesslen. If you use that weapon against me then yes, that is a consideration, Smyly responded. Here, the PSU sergeant and command staff did not succumb to it.. After other officers arrived Atkinson berated them for many minutes for their response to a non-situation. Video of the . 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 . Box 21315 Boulder, CO 80301. The City is committed to learning from this incident and moving forward to become a safer, more . ", "I just told you I lived here and I told you that I'm working as well," 26-year-old Zayd Atkinson responded. Was there a perspective we missed, or facts we didnt consider? 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? Boulder police said there is no evidence Atkinson was racially profiled. 2019 CBS Broadcasting Inc. All Rights Reserved. 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. Newly-released body camera video shows how it all started. The body camera videos, the police reports . I'm freaking picking up trash on my property which is where I live. The subject officer notified dispatch and initiated what he described as a consensual contact.. Smyly resigned under an agreement that allows him to collect $69,000 in salary. He said he still hasn't received an apology, and the new report is just Boulder police's way of covering their backs. The City of Boulder concluded the investigation into a March 1, 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. 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