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. "There are instances like this where people don't come out alive. "If you or I were to do this, we would be criminally charged. 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. Video of the . An officer had drawn his gun as Atkinson picked up trash outside his dorm. Smyly resigned under an agreement that allows him to collect $69,000 in salary. But Troyers report went on to recommend that Boulder not make any changes to its process. While no one was arrested, the police department launched an internal affairs investigation, and the city hired an outside investigator to review the incident.. "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. 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, CO and Zayd Atkinson, a black Naropa college student has agreed to settle any civil claims regarding an incident involving the Boulder Police Department. Several officers responded, including a supervisor, according to the police department. The officer eventually pulled out his gun and called for backup. https://old.reddit.com/r/PublicFreakout/comments/cijav8/officer_pulling_out_his_gun_on_a_student_outside/. 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. Previous post: Report: Jessica Aldama died after stillborn delivery in homeless encampment, Next post: Guest opinion: The housing Boulder refused to build, Change made to existing documents, resolutions, or ordinances. Atkinson." how many wives does mufti menk havemr patel neurosurgeon cardiff 27 februari, 2023 / i how old was stewart granger when he died / av / i how old was stewart granger when he died / av 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.. While he said he appreciates Boulder police releasing the numbers, he believes real change is still years away. Copyright 2023 ABC News Internet Ventures. 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. Help make the Beat better. That's when the tense 22-minute stand-off ends. But with the question about which specific unit he lived in, Mr. Atkinson paused, looked around, and began to become exasperated.. 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. In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. 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. Smyly drew his stun gun and then his handgun as he felt threatened by the trash grabber Atkinson was using. "He's at home being paid for racially profiling Zayd for illegally stopping him and for threatening his life.". Atkinson. 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. The training of the additional officers who arrived on scene contributed to the resolution of this incident without further escalation or injury. "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. Scroll down for video 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 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. 2701 Lawrence Street, Suite 100 I'm not doing anything illegal, and you're not going to f------ tase me," Atkinson said in the video. "You're an idiot. 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? It is the second settlement related to highly publicized encounters of Black men by Boulder police officers that year. I'm blessed that I got out alive and unharmed," he said. A Boulder police officer approached Atkinson on foot, asking him what he was doing . Smyly contacted Atkinson March 1 outside Naropa student housing at 2333 Arapahoe Ave. as Atkinson was picking up trash with a long metal claw. Im sorry for what you went through, said councilwoman Nicole Speer. 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. 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. Atkinson told the officer that he lived in the building and showed him his school identification card. 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 . Zayd Atkinson, the Naropa University student who was detained on his front doorstep . Click here to sign up for a weekly newsletter, from Boulder Beat. During this period, the subject officer repeatedly asked Mr. Atkinson to stop and advised him that he was obstructing a police officer. We should know where he is and if he's allowed to work as a cop or in a field that requires public trust. What happened to Officer John Smyly who resigned from BPD after illegal detention of Zayd Atkinson? Atkinson walked away, the subject officer followed from a distance. We would immediately lose our jobs." A phone number for Smyly could not be located Thursday. The City of Boulder concluded the investigation into a March 1, 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. Atkinson was detained by Smyly for further investigation and he made a call for backup. That identification card, the same size as a driver's license or credit card, displayed Mr. Atkinson's name and photo. 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 . Resources for the homeless in Boulder, CO, Zayd Atkinson aspires to be a perpetual victim (Im not buying it). "It was a frightening experience. ", 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. We offer these observations so that the city does not take action that inadvertently and irretrievably breaks a system that did not need fixing.. . 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. But Smyly kept insisting Atkinson tell him his unit number, wanting further proof that he lived there. Although Zayd is a little-known and marginal figure in the standard account of the rise of Islam, he was originally a key figure in the Islamic foundation narrative, according to David S. Powers, professor of Near . But sometimes there's just no excuse for police behavior. SFC licensees. approval of past meeting minu Want more stories like this, delivered straight to your inbox? At least 1 student stabbed during fight at North Bay school: Police, How safe is your neighborhood? Zayd Atkinson, a student at Naropa University in Boulder, . 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. "There is a problem with law enforcement's interaction with minority communities.". April 15, 2022, 9:13am. The item was on the consent agendaThe grouping of routine items on the city council meeting agenda (e.g. "Boulder police began looking into the incident on Friday and early this morning launched an official internal affairs investigation.". By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. Finally, police confirm his story by asking someone else if he does, in fact, live there. 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. During this period, the officer was alone with Mr. Atkinson., Im picking up trash and youre holding a gun. 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. <p>In this undated photo provided by lawyer Siddhartha Rathod, Zayd . Smyly, a 14-year veteran of the department, resigned from active duty on May 16. 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.. All Rights Reserved. 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. A Naropa employee eventually arrived on scene and verified Atkinsons identity, and Atkinson was released with no charges. . ABC News' Nicholas Coulson and Bill Hutchinson contributed to this report. The process and its application in this particular case strongly indicate that internal affairs at BPD aint broke. Under a settlement with the city, Smyly will remain on Boulders payroll until February 2020. Atkinson threatened to sue . Click here to read this article in its entirety at www.dailycamera.org, Rathod | Mohamedbhai LLC Investigations into both incidents were subject toindependent reviewdue to high community interest. 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. It stated that he is a student at Naropa University. 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