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Tuesday, July 21, 2020

The City of Boulder, CO to Offer Settlement to Zayd Atkinson


Boulder, CO Police Offer Settlement to Zayd Atkinson

Boulder, Zayd Atkinson reach settlement over police confrontation


Zayd Atkinson

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 settlement has been reported to be a sum of $125,000. In a viral video, Atkinson was confronted by a police officer while he was picking up trash outside of his apartment building. The incident resulted in Atkinson being swarmed by at least 8 police officers after the officer escalated the incident to dispatch.

The Incident

On March 1st, 2019, Officer John Smyly was conducting patrols when he saw Atkinson seated on a bench of the building that said “private property.” Smyly approaches Atkinson as he sits on the bench to ask if he resides in the building. The body camera footage of Officer Smyly shows the exchange between go sour after Atkinson told him that he was a resident and offered to show him his access to the building. Officer Smyly did not want to abide by Atkinson’s request and demanded to see Atkinson’s I.D. with his date of birth and address. Atkinson handed over his student I.D. as it was his only identification i his possesion. The Student I.D. did not suffice to Officer Smyly. Atkinson began picking up trash with a metal trash grabber as Smyly kept up the confrontation. Officer Smyly than called for backup and stated that Atkinson had a “blunt metal object in his hand.” According to the report, Atkinson “raised his voice” and Smyly “felt threatened by the trash grabber” and drew his stun gun and then drew his handgun. Officers were able to talk to Atkinson and a Naropa employee who responded to the scene and confirmed Atkinson was a student and lived in the building.

The Aftermath

Officer Smyly resigned prior to the conclusion of the disciplinary process, but as part of a settlement with the city he remained under city employment until February, 2020, while he used his holiday, sick and administrative leave. The result of the disciplinary process found Officer Smyly to be guilty of breaking at least two department policies. In a joint statement between Atkinson's attorney and the city, the city acknowledged Atkinson “should not have been stopped,” and that “the proper protocol would have been for the officer to walk away after Mr. Atkinson produced his student identification card and explained what he was doing.”  


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