New video shows moment Boulder officer pulled gun on black man picking up trash in own yard. (credit: CBS) Atkinson. The officer eventually pulled out his gun and called for backup. 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. Internal Affairs Investigation Case Number: IA2019-001. The statement did not release any terms of the settlement. Atkinson was behind a private property sign and . The City of Boulder released a statement Thursday saying, "while the finding likely would have resulted in suspension or possibly termination, Officer Smyly resigned prior to the conclusion of the disciplinary process. Prolonged litigation will adversely impact those efforts. City council is set to approve the payout during a special Monday night meeting, the only non-coronavirus item on the agenda. The independent report also echoed the Boulder police report conclusion that there was no evidence of racial bias on the part of Smyly. Examined. Bodycam footage of the incident emerged and sparked outrage. Your email address will not be published. "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. 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.. In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. 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. 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.. "Officers ultimately determined that the man had a legal right to be on the property and returned the mans school identification card," the department said in a statement last month. Cookie Notice 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 . ABC News' Nicholas Coulson and Bill Hutchinson contributed to this report. . Officer Smyly too had been polite. During this period, the officer was alone with Mr. Atkinson., Im picking up trash and youre holding a gun. The citysettled with Atkinson in March 2020 for $125,000. At the time I had a beard and I was wearing raggedy clothes.". If it aint broke, dont fix it, the report read. Officers in the two cases resigned from Boulder Police Department. Email your thoughts to, established a new citizen oversight group. 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. It is city policy that settlements involving payments exceeding $10,000 require Council approval. We offer these observations so that the city does not take action that inadvertently and irretrievably breaks a system that did not need fixing.. 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. "I continued to go back to work and pick up trash and clean up my grounds.". 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. (Jeremy Papasso/Staff photographer) During this period, the subject officer repeatedly asked Mr. Atkinson to stop and advised him that he was obstructing a police officer. 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. When asked about the resignation of Smyly, Atkinson said he's glad "he's being held accountable for something but it seems like it's just bare minimum things.". By Breanna . Help make the Beat better. 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. 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 . Here are some ways you can help. The Daily Camera reported that Lolotai left after his home address was posted publicly by activists. University of Colorado Boulder Officer Drew Matthews (image via department) Under the anonymity of the internet, a University of Colorado Boulder police officer trolled . The City is committed to learning from this incident and moving forward to become a safer, more . However, none of the officers explained why they wanted him to sit down. The incident sparked outrage as video of the encounter made the rounds on social media. May 17, 2019, 6:17 AM PDT. Lolotais departure was unrelated to that investigation or the many excessive force allegations that plagued him every since his time at the Denver Sheriffs Department. Smyly asked Atkinson if he was permitted to be in the location. I'm not doing anything illegal, and you're not going to f------ tase me," Atkinson said in the video. 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. Im sorry for what you went through, said councilwoman Nicole Speer. 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 . All rights reserved. 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. 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. document.getElementById( "ak_js_3" ).setAttribute( "value", ( new Date() ).getTime() ); copyright 2023. 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. They said they didn't find any evidence of racial profiling. The training of the additional officers who arrived on scene contributed to the resolution of this incident without further escalation or injury. [ Pasco County Sheriff's Office ] Nedra Miller . . By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. 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? Such is the case of Boulder, Colo., police officer John Smyly over his interaction with Zayd Atkinson on March 1st this year. 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. 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 . The City of Boulder approved a $125,000 payment to Atkinson in 2020. . The city settled with Atkinson in March 2020 for $125,000. Zayd is an actor, who was emboldened to behave as he did precisely because he knew nothing bad would happen, and hundreds of Boulder liberals would hail him as a hero. Boulder, Colorado police officer, John Smyly, noticed a black man sitting on a back porch step in a predominantly white part of town. This field is for validation purposes and should be left unchanged. Boulder has agreed to pay $95,000 to Sammie Lawrence, a Black man arrested in 2019 while filming a police interaction with unhoused individuals. Smyly drew his stun gun and then his handgun as he felt threatened by the trash grabber Atkinson was using. "If you or I were to do this, we would be criminally charged. 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. 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 charges were dismissed after Lawrence completed a deferred sentence; he filed suit in March 2021, asserting that his First and Fourth AmendmentChange made to existing documents, resolutions, or ordinances rights had been violated. PUBLISHED: May 16, 2019 at 9:28 a.m. | UPDATED: May 16, 2019 at 11:48 a.m. I'm freaking picking up trash on my property which is where I live. Why would you think that you could tase me? 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 report also lauded the internal affairs sergeant for thoroughness, including checking Smylys stop data. They are precious, and they are very hard to repair once broken. 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 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.. This is one of those bad-apple cops the citizens of the country should keep track of. 2701 Lawrence Street, Suite 100 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. "There is a problem with law enforcement's interaction with minority communities.". Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo . Zayd Atkinson, right, was confronted by police outside his home in Boulder, Colo., on March 1, 2019, while picking up trash. He drew his handgun after Mr. Atkinson stopped behind the building out of sight of the street. Click here to read this article in its entirety at www.dailycamera.org, Rathod | Mohamedbhai LLC . 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. Apparently he was on the payroll until Feb of this year. If it were not for that cellphone footage, would there have been an internal investigation? Backup officers who were called to the scene and led by a sergeant quickly determined that Mr. Atkinson lived in the building and was engaged in his work study job. 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. 2023 CBS Broadcasting Inc. All Rights Reserved. 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. 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. It l isted the main Naropa University address (2310 Arapahoe Avenue). Smyly contacted Atkinson March 1 outside Naropa student housing at 2333 Arapahoe Ave. as Atkinson was picking up trash with a long metal claw. The film centers on a recent incident that made headlines around the world: In March 2019, Boulder police officer John Smyly confronted and, ultimately, pointed his gun at Zayd Atkinson, a Black man and a student at Naropa University who was picking up trash outside of his dorm as part of his work-study job. April 5, 2019. Boulder and Zayd Atkinson, a black Naropa student who was confronted by a police officer while picking up trash outside his apartment, have agreed to settle any civil claims involving the incident. Was there a perspective we missed, or facts we didnt consider? The grouping of routine items on the city council meeting agenda (e.g. Lawrence, in a prepared statements. Atkinson repeats he's provided his identification but Smyly wants more proof. but it can also be stressful. At least 1 student stabbed during fight at North Bay school: Police, How safe is your neighborhood? The situation -- which was captured on video -- drew criticism for what student Zayd Atkinson said was an instance of racial profiling. Im picking up trash and youre holding a gun.. Will Denver voters elect a mayor who will stop enabling homelessness. 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. 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. Atkinison sued, and in March of 2020 he was awarded $125,000 in a settlement with the City of Boulder. 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Smyly said he was concerned Atkinson might have been trespassing. The officer, John Smyly, resigned with a severance package, as the City Council and community members were troubled by the incident. Mr. Atkinson was picking up trash. In our review of (the sergeants) work, we did the same and confirmed there were no apparent racial disparities reflected in Officer Smylys number of stops, duration of stops, types of stops, reasons for stops, results of stops, use of (body-worn camera) during stops, or searches of people he stopped.. 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. The report released with the body camera footage noted the officer did not have authority to detain Mr Atkinson, or probable cause to . Zayd Atkinson, a student at Naropa University in Boulder, . The Moving can be an exciting experience. While he said he appreciates Boulder police releasing the numbers, he believes real change is still years away. City council is set to approve the payout during a special Monday night meeting , the only non-coronavirus item on the agenda. Mr. Atkinson should not have been stopped. He called the incident a reflection of a larger racial problem within Boulder, which is about 81 percent white and less than 2 percent black, according to census data. The City is committed to learning from this incident and moving forward to become a safer, more welcoming, and respectful place for all. Mr. Atkinson was picking up trash on his property and had not committed a crime. 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. 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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 . ABC7 New York 24/7 Eyewitness News . Atkinson told the officer that he lived in the building and showed him his school identification card. Click here to sign up for a weekly newsletter, from Boulder Beat. Following the incident, the City of Boulder promptly took steps to address the communitys concerns, including publicly apologizing to Mr. Atkinson, and holding a community listening session. 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. I asked Atkinson if he had anything with his address listed on it. 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. Mitchell Byars has been reporting for the Daily Camera since 2011, covering breaking news and courts. 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 . On March 1 Smyly stopped Atkinson while he was picking up trash next to the building he lives in using a pole and asked him numerous questions. Video of the . The Boulder Police Department says the rules that were violated were conduct and violation of police authority and public trust. 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