Smyly, a 14-year veteran of the department, resigned from active duty on May 16. Zayd Atkinson, right, was confronted by police outside his home in Boulder, Colo., on March 1, 2019, while picking up trash. Required fields are marked *. First published on May 16, 2019 / 5:17 PM. 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. 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 . "It definitely brings fear to my heart knowing that some people don't survive. "The officer's on a paid vacation right now; he's on a taxpayer paid vacation and he's at home being paid now for pointing a gun at a black man," Rathod told "GMA." PUBLISHED: May 16, 2019 at 9:28 a.m. | UPDATED: May 16, 2019 at 11:48 a.m. City council is set to approve the payout during a special Monday night meeting, the only non-coronavirus item on the agenda. Smyly also threatened to use his stun gun on Atkinson because he "had a weapon," referring to Atkinson's pole. Atkinson walked away, the subject officer followed from a distance. 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. In the wake of the incident, Boulder City Council formed a committee to explore a police oversight committee. 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. The body camera videos, the police reports and dispatch tapes related to the incident are available at https://t.co/Luru5y5XJk pic.twitter.com/1vquVsUp7u. 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 . 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. He and his lawyer, Siddhartha Rathod, spoke to "Good Morning . Per Boulders charter, settlements over $10,000 have to be OKd by city council. 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); True life tales of a homeless man in Boulder, CO. It l isted the main Naropa University address (2310 Arapahoe Avenue). Click here to read this article in its entirety at www.dailycamera.org, Rathod | Mohamedbhai LLC "But I'm not surprised that this happened to me and I won't be surprised if it happens again tomorrow, or the next day, until we do something about it," he added. Atkinson was detained by Smyly for further investigation and he made a call for backup. 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. City council is set to approve the payout during a special Monday night meeting , the only non-coronavirus item on the agenda. 2019 CBS Broadcasting Inc. All Rights Reserved. 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. 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. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. ", 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. Mitchell Byars has been reporting for the Daily Camera since 2011, covering breaking news and courts. Class 1 Professional Standards investigation for alleged violation of: Click here to read this article in its entirety at www.bouldercolorado.com, Rathod | Mohamedbhai LLC Atkinson was allegedly racially profiled by a Boulder Police officer for picking up trash on his own property. Atkinson said he's trying to work through the painful incident and wants to meet with city officials to start a dialogue about their policies and officer training. During this period, the officer was alone with Mr. Atkinson., Im picking up trash and youre holding a gun. Atkinson said he's had trouble sleeping since the incident. 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. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. 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. In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. Hogwash! A cellphone video shot by a neighbor that went viral in March showed Smyly holding his weapon amid the confrontation. . Why would you think that you could tase me? Thats a gun, Zayd Atkinson said, according to the body camera footage. This wasn't enough for Officer Smyly. Was there a perspective we missed, or facts we didnt consider? The Moving can be an exciting experience. In a statement released on Thursday, The city of Boulder announced that an investigation found that Smyly violated two police department policies: On March 1, Officer Smyly approached Zayd Atkinson, 26, at his residence to investigate a possible trespass. Friday, March 13, 2020 (Updated Monday, March 16) 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. 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. I'm not doing anything illegal, and you're not going to f------ tase me," Atkinson said in the video. and our 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. Atkinson was behind a private property sign and . That identification card, the same size as a driver's license or credit card, displayed Mr. Atkinson's name and photo. But Troyers report went on to recommend that Boulder not make any changes to its process. That's when the tense 22-minute stand-off ends. However, the internal affairs investigation included a review of a video from a building-mounted camera, which revealed Atkinson was eating food and using his mobile phone. 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? 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. Email your thoughts to, established a new citizen oversight group. The independent report also echoed the Boulder police report conclusion that there was no evidence of racial bias on the part of Smyly. Atkinson." 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Mr. This is one of those bad-apple cops the citizens of the country should keep track of. [ Pasco County Sheriff's Office ] Nedra Miller . ", "I just told you I lived here and I told you that I'm working as well," 26-year-old Zayd Atkinson responded. Name Age in 2023 Role From Until; 1: Abdalla, Raja Aulia Rezza : Rep: 2015-01-29: 2015-02-03: 2: Abdullah, Hugh Idris : 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.". They said they didn't find any evidence of racial profiling. "I was not going to just fall in line again and just be a dog," Atkinson told CBS4 on Thursday. This is incredibly frustrating to watch. More officers -- 8 in total -- eventually arrived, some with guns drawn. 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. They are precious, and they are very hard to repair once broken. 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 . Click here to sign up for a weekly newsletter from Boulder Beat. Lawrences arrest came later and with less fanfare. 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. (credit: CBS) Video and reports of the incident, during which Atkinson was repeatedly asked for identification showing he lived at the property he was cleaning, made local and national headlines and led to the city revamping public oversight of Boulder Police Department. According to the police report, Smyly asked Atkinson if he lived there and Atkinson said he did, and provided his Naropa student ID. In a statement released on Thursday, The city of Boulder announced that an investigation found that Smyly violated two police department policies: Examined. 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. 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. Im picking up trash and youre holding a gun.. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Throw me some cash if you've got it so I can keep you informed. 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. "Well I believe that this man had approached me because I'm a black male in an all-white town," Atkinson said later. "I had not done anything illegal therefore there was no reason for me to comply," Atkinson told "GMA." After other officers arrived Atkinson berated them for many minutes for their response to a non-situation. "There is a problem with law enforcement's interaction with minority communities.". By Ben Kesslen. Atkinson threatened to sue . They unanimously approved the payout Tuesday. I'm freaking picking up trash on my property which is where I live. Was there a perspective we missed, or facts we didnt consider? 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. Im picking up trash. In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. April 15, 2022, 9:13am. John Smyly, the Boulder, Colorado, officer who initiated contact with Zayd Atkinson that resulted in a tense interaction where several officers drew their guns, was allowed to resign. RO=Responsible Officer, Rep=Representative. The situation -- which was captured on video -- drew criticism for what student Zayd Atkinson said was an instance of racial profiling. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo . 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. 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.. An officer had drawn his gun as Atkinson picked up trash outside his dorm. Privacy Policy. 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