Covering City Council and Sundry, with flair, Sunday, Jan. 2, 2022 (Updated Tuesday, Jan. 4). After other officers arrived Atkinson berated them for many minutes for their response to a non-situation. 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. If you use that weapon against me then yes, that is a consideration, Smyly responded. Hogwash! Copyright 2023 KGO-TV. Tunnel vision is a common affliction in internal investigations, especially when it conveniently allows police departments to avoid severe allegations like racism. Box 21315 Boulder, CO 80301. 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. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. May 16, 2019 / 5:17 PM We also know from our experience that reliable, impartial internal affairs processes can be hard to come by. Zayd gave his name and confirmed that he lived at the location. Lawrence, in a prepared statements. It stated that he is a student at Naropa University. 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.). While no one was arrested, the police department launched an internal affairs investigation, and the city hired an outside investigator to review the incident.. Examined. Apparently he was on the payroll until Feb of this year. The police department has also released all related body camera footage. PUBLISHED: May 16, 2019 at 9:28 a.m. | UPDATED: May 16, 2019 at 11:48 a.m. 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 Boulder Police Department said it placed the first officer on administrative leave while it investigated the incident. 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 . Original Post: . The training of the additional officers who arrived on scene contributed to the resolution of this incident without further escalation or injury. Why would you think that you could tase me? 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. "I had not done anything illegal therefore there was no reason for me to comply," Atkinson told "GMA." Smyly contacted Atkinson March 1 outside Naropa student housing at 2333 Arapahoe Ave. as Atkinson was picking up trash with a long metal claw. 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. Zayd Atkinson was the subject of a viral video in which he was surrounded by 8 Boulder Police officers, some of them brandishing firearms, as he was picking up garbage outside of his home. "There is a problem with law enforcement's interaction with minority communities.". . By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. 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. This field is for validation purposes and should be left unchanged. 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. Once the additional officers who arrived assessed the situation, they used appropriate de-escalation techniques and left. Two elected officials did direct comments to Lawrence. 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. 2701 Lawrence Street, Suite 100 This news doesnt write itself. May 17, 2019, 6:17 AM PDT. 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. Meanwhile, Zayd said talk is cheap. 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 of Boulder concluded the investigation into a March 1, 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. The City of Boulder concluded the investigation into a March 1, 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. ABC7 New York 24/7 Eyewitness News . Boulder police said there is no evidence Atkinson was racially profiled. 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. Your email address will not be published. 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. While the stop itself was wrong, some things were done right during the encounter itself. SFC licensees. The officer who confronted Atkinson resigned from the Boulder Police Department, and the Department enhanced oversight . ", 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. 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. The City of Boulder approved a $125,000 payment to Atkinson in 2020. . In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. Living at Kimberly Court can seem like living in the most convenient location in Boulder. The city added that Smyly resigned . Several officers responded, including a supervisor, according to the police department. Will Denver voters elect a mayor who will stop enabling homelessness. Mitchell Byars has been reporting for the Daily Camera since 2011, covering breaking news and courts. Required fields are marked *. Atkinison sued, and in March of 2020 he was awarded $125,000 in a settlement with the City of Boulder. 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.. "If you or I were to do this, we would be criminally charged. He then begins commands for the student to sit down on the pavement . . "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. 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. Smyly resigned prior to the conclusion of the disciplinary process, but police indicated the process would have likely resulted in suspension or termination. 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. Reddit and its partners use cookies and similar technologies to provide you with a better experience. 7On a seemingly normal morning in March of 2019, Zayd Atkinson was picking up trash outside of his . Internal Affairs Investigation Case Number: IA2019-001. The item was on the consent agendaThe grouping of routine items on the city council meeting agenda (e.g. 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. All rights reserved. document.getElementById( "ak_js_3" ).setAttribute( "value", ( new Date() ).getTime() ); copyright 2023. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); True life tales of a homeless man in Boulder, CO. . During his interview, the subject officer stated that at this point, he was unaware of Mr. Atkinsons race, because he had only seen him from a distance and approached him from behind, the incident summary states. For more information, please see our New video shows moment Boulder officer pulled gun on black man picking up trash in own yard. 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. That lack of explanation solidified Mr. Atkinsons perception that he was not being treated honestly and fairly, which increased his agitation and heightened his berating of the officers.. Lawrence's arrest came later and with less fanfare. 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. I'm not doing anything illegal, and you're not going to f------ tase me," Atkinson said in the video. "Shouldn't that be enough for you?". By Ben Kesslen. "I believe that this man had approached me because I'm a black male in an all white town. / CBS Colorado. "This is an all-white community that has historically treated minority communities differently. Get browser notifications for breaking news, live events, and exclusive reporting. 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. University of Colorado Boulder Officer Drew Matthews (image via department) Under the anonymity of the internet, a University of Colorado Boulder police officer trolled . Fax: 303-578-4401. (Jeremy Papasso/Staff photographer) Im sorry for what you went through, said councilwoman Nicole Speer. 2019 CBS Broadcasting Inc. All Rights Reserved. The officer eventually pulled out his gun and called for backup. Up to this point, Mr. Atkinson had been polite but surprised by Officer Smylys presence, the independent report read. Was there a perspective we missed, or facts we didnt consider? Or mail cash/check/precious gemstones toP.O. "He's at home being paid for racially profiling Zayd for illegally stopping him and for threatening his life.". We would immediately lose our jobs." A phone number for Smyly could not be located Thursday. "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. But Troyers report went on to recommend that Boulder not make any changes to its process. 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 . Mr. Atkinson should not have been stopped. Video of the . . 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 . Officers in the two cases resigned from Boulder Police Department. and his friend also told officers Atkinson was a . ", 2 teen girls arrested in SF scooter attack, police say, Doctor urges that heart health be a year-round priority, Eli Lilly cuts insulin prices up to 70% amid pressure to slash costs. 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. Boulder concluded the investigation into a March 1 outside Naropa student housing at Arapahoe. The item was on the payroll until Feb of this year councilwoman Nicole Speer get browser notifications for breaking,!. `` news and courts Atkinson in 2020. said there is no evidence Atkinson was up... 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