Per Boulders charter, settlements over $10,000 have to be OKd by city council. Living at Kimberly Court can seem like living in the most convenient location in Boulder. Click here to sign up for a weekly newsletter, from Boulder Beat. Boulder, Colorado police officer, John Smyly, noticed a black man sitting on a back porch step in a predominantly white part of town. 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. In addition to increased oversight, BPD revamped its use of force policies in August 2020. A white Colorado police officer who pulled out his gun during a confrontation with a black man picking up trash around his dormitory resigned this week. Zayd Atkinson was among the more than 600 protesters in Boulder on Sunday who marched from . 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. Copyright 2023 KGO-TV. Thats a gun, Zayd Atkinson said, according to the body camera footage. The police department has also released all related body camera footage. 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. Newly-released body camera video shows how it all started. We should know where he is and if he's allowed to work as a cop or in a field that requires public trust. This field is for validation purposes and should be left unchanged. 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. Click here to read this article in its entirety at www.dailycamera.org, Rathod | Mohamedbhai LLC "I believe that this man had approached me because I'm a black male in an all white town. In a viral video, Atkinson was confronted by a police officer while he was picking up trash outside of his . It l isted the main Naropa University address (2310 Arapahoe Avenue). "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." Atkinson was allegedly racially profiled by a Boulder Police officer for picking up trash on his own property. Smyly drew his stun gun and then his handgun as he felt threatened by the trash grabber Atkinson was using. The subject officer notified dispatch and initiated what he described as a consensual contact.. Denver, Colorado 80205 Investigations into both incidents were subject toindependent reviewdue to high community interest. I thoroughly believe I was profiled," Atkinson said. Additionally, the City arranged for the departure of the officer. 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. 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. 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. but it can also be stressful. In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. 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 a statement released on Thursday, The city of Boulder announced that an investigation found that Smyly violated two police department policies: Reporting Officer: SMYLY, J. Zayd Atkinson, a student at Naropa University in Boulder, . The encounter led to allegations of racial profiling and police misconduct. He then begins commands for the student to sit down on the pavement . Or mail cash/check/precious gemstones toP.O. 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.. I'm not doing anything illegal, and you're not going to f------ tase me," Atkinson said in the video. All of the additional officers responding reported that they believed this to be a serious situation because of what they knew from the radio traffic, the report states. That identification card, the same size as a driver's license or credit card, displayed Mr. Atkinson's name and photo. 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. For more information, please see our The statement did not release any terms of the settlement. 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. 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. Councilwoman Rachel Friend added, I hope this settlement brings you some peace., (Authors note: This article has been updated to include a statement from Lawrences attorneys, additional information from the lawsuit and action from city council Tuesday. 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. During this period, the officer was alone with Mr. Atkinson., Im picking up trash and youre holding a gun. Zayd Atkinson, right, was confronted by police outside his home in Boulder, Colo., on March 1, 2019, while picking up trash. Why would you think that you could tase me? 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. The City of Boulder concluded the investigation into a March 1, 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. The officers arrived and later left after they determined Atkinson had the right to be there. Atkinson walked away, the subject officer followed from a distance. Lawrence's arrest came later and with less fanfare. 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. 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. Was there a perspective we missed, or facts we didnt consider? Examined. We also know from our experience that reliable, impartial internal affairs processes can be hard to come by. 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. . "Shouldn't that be enough for you?". 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. and his friend also told officers Atkinson was a . The city of Boulder said in a statement Thursday that officer John Smyly violated multiple department policies when he confronted Zayd Atkinson, 26, in March. The City is committed to learning from this incident and moving forward to become a safer, more . This report is an executive summary of a personnel investigation into the allegation of serious misconduct involving a Boulder Police Officer. "You're an idiot. The grouping of routine items on the city council meeting agenda (e.g. "It definitely brings fear to my heart knowing that some people don't survive. 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. Privacy Policy. The officer eventually pulled out his gun and called for backup. 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. Under a settlement with the city, Smyly will remain on Boulders payroll until February 2020. Help make the Beat better. The city settled with Atkinson in March 2020 for $125,000. 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. 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. Atkinson said he's had trouble sleeping since the incident. "Not only that you know I'm a black man, I have dreads. Smyly contacted Atkinson March 1 outside Naropa student housing at 2333 Arapahoe Ave. as Atkinson was picking up trash with a long metal claw. 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. "There are instances like this where people don't come out alive. Officer Smyly, an Anglo male, decided to question why Zayd Atkinson was there. 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 footage shows Smyly investigating Atkinson for trespassing. 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. During this period, the subject officer repeatedly asked Mr. Atkinson to stop and advised him that he was obstructing a police officer. Create a free website or blog at WordPress.com. 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? Examined. ), Want more stories like this, delivered straight to your inbox? 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. Get browser notifications for breaking news, live events, and exclusive reporting. "This is an all-white community that has historically treated minority communities differently. Video of the . Your email address will not be published. <p>In this undated photo provided by lawyer Siddhartha Rathod, Zayd . Atkinson repeats he's provided his identification but Smyly wants more proof. In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. "It was a frightening experience. . On March 1, 2019, Boulder Police Officer John Smyly stopped and questioned Zayd Atkinson while he was working in front of the building in which he lived. Will Denver voters elect a mayor who will stop enabling homelessness. New video shows moment Boulder officer pulled gun on black man picking up trash in own yard. Mar. Im sorry for what you went through, said councilwoman Nicole Speer. "I need to verify who you are," Smyly says. This wasn't enough for Officer Smyly. City council is set to approve the payout during a special Monday night meeting, the only non . A Boulder police officer has resigned following a confrontation with a black college student who was picking up trash in his yard. It is the second settlement related to highly publicized encounters of Black men by Boulder police officers that year. Your email address will not be published. FORT LAUDERDALE, Fla. 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