HuffPost reports that Officer John Smyly violated two department policies when confronted Zayd Atkinson, including public trust and conduct. The Boulder Police Department said it placed the first officer on administrative leave while it investigated the incident. The training of the additional officers who arrived on scene contributed to the resolution of this incident without further escalation or injury. I'm not doing anything illegal, and you're not going to f------ tase me," Atkinson said in the video. Here, the PSU sergeant and command staff did not succumb to it.. They unanimously approved the payout Tuesday. 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. In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. Reddit and its partners use cookies and similar technologies to provide you with a better experience. 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. The incident began on March 1 when Boulder Police officer John Smyly approached Zayd Atkinson as he cleaned up trash outside his townhouse complex. He and his lawyer, Siddhartha Rathod, spoke to "Good Morning . 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. 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. It l isted the main Naropa University address (2310 Arapahoe Avenue). All Rights Reserved. "I had not done anything illegal therefore there was no reason for me to comply," Atkinson told "GMA." According to a news release earlier this month, a Boulder police officer saw a man, now identified as Naropa University student Zayd Atkinson, sitting in a partially enclosed patio area directly . In the wake of the incident, Boulder City Council formed a committee to explore a police oversight committee. "I believe that this man had approached me because I'm a black male in an all white town. The process and its application in this particular case strongly indicate that internal affairs at BPD aint broke. 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). The police department has also released all related body camera footage. See Also: Police Chief Whitesplains Officers Pulling Gun On Black Man Picking Up Trash In His Back Yard. 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. "If you or I were to do this, we would be criminally charged. Investigations into both incidents were subject toindependent reviewdue to high community interest. He is originally from Hawaii and enjoys the beach, camping, golf, beer and writing third-person bios about himself that exaggerate how outdoorsy he is. 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 . It was a frightening experience. In a statement released on Thursday, The city of Boulder announced that an investigation found that Smyly violated two police department policies: 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. Lawrences arrest came later and with less fanfare. The officer, John Smyly, resigned with a severance package, as the City Council and community members were troubled by the incident. 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. Video of the . 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. I'm freaking picking up trash on my property which is where I live. 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. 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. 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. but it can also be stressful. Was there a perspective we missed, or facts we didnt consider? I thought that once the firearm was out that that meant that he was going to try to kill me, Atkinson said on Good Morning America in April. Mr. Atkinson was picking up trash on his property and had not committed a crime. Reporting Officer: SMYLY, J. We would immediately lose our jobs." A phone number for Smyly could not be located Thursday. In response, Mr. Atkinson handed Officer Smyly his student identification card. In addition to increased oversight, BPD revamped its use of force policies in August 2020. "I will not sit down, I refuse to sit down, until you guys put your (expletive) weapons away," Atkinson said. 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. / CBS Colorado. The subject officer notified dispatch and initiated what he described as a consensual contact.. After other officers arrived Atkinson berated them for many minutes for their response to a non-situation. They are precious, and they are very hard to repair once broken. Why would you think that you could tase me? In a viral video, Atkinson was confronted by a police officer while he was picking up trash outside of his . April 15, 2022, 9:13am. Whether movers in Fort Collins are helping you Sam Lounsberry covers Longmont and the Carbon Valley. The City is committed to learning from this incident and moving forward to become a safer, more . Examined. "I couldn't help but notice you sitting on the patio out there," officer John Smyly says in the video. Funny he changed his display name to John S., but didn't change the URL from his full name. 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? Smyly resigned on Wednesday before the start of a planned administrative hearing into the matter. He asked Smyly if he would fire the weapon if he didnt put the trash grabber down. Original Post: . The officer who confronted Atkinson resigned from the Boulder Police Department, and the Department enhanced oversight . 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. During this period, the officer was alone with Mr. Atkinson., Im picking up trash and youre holding a gun. ABC7 New York 24/7 Eyewitness News . Prolonged litigation will adversely impact those efforts. SFC licensees. At the time I had a beard and I was wearing raggedy clothes.". This field is for validation purposes and should be left unchanged. The footage shows Smyly investigating Atkinson for trespassing. 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. . 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. We also know from our experience that reliable, impartial internal affairs processes can be hard to come by. 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. "I'm just checking to make sure that you have a right to be here, that's all. Atkinson beleives he was "penalized for practicing my rights," and his attorney, Siddhartha Rathod, said the officer's punishment doesn't reflect that. ", "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. Executive Summary. While the report recommended Boulder not change its internal investigation process, it did strongly recommend the police department create an official staff position to support the Professional Standards Unit sergeant. We offer these observations so that the city does not take action that inadvertently and irretrievably breaks a system that did not need fixing.. The situation -- which was captured on video -- drew criticism for what student Zayd Atkinson said was an instance of racial profiling. Im sorry for what you went through, said councilwoman Nicole Speer. 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.. ), Want more stories like this, delivered straight to your inbox? FORT LAUDERDALE, Fla. (AP) A Florida man left paralyzed when a police officer shot him after mistaking his handgun for his stun gun filed a lawsuit Wednesday against the city, the officer and . This settlement affords some measure of justice to Sammie Lawrence, said Dan Williams of Hutchinson Black and Cook, LLC, co-counsel for Prolonged litigation will adversely impact those efforts. 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. Click here to read this article in its entirety at www.bouldercolorado.com, Rathod | Mohamedbhai LLC Atkinson." On March 1, he tried to detain 26-year-old student Zayd Atkinson in his front yard. Boulder Police Department. Living at Kimberly Court can seem like living in the most convenient location in Boulder. The report also lauded the internal affairs sergeant for thoroughness, including checking Smylys stop data. Smyly contacted Atkinson March 1 outside Naropa student housing at 2333 Arapahoe Ave. as Atkinson was picking up trash with a long metal claw. "I need to verify who you are," Smyly says. 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 . Why would you think that you zayd atkinson officer name a right to be here, that all! Immediately lose our jobs. & quot ; Smyly says mr. Atkinson handed officer Smyly his student card! Instance of racial profiling was wearing raggedy clothes. `` officer while he was up! Clothes. `` the most convenient location in Boulder townhouse complex confronted resigned! 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