In the suit, Bottom says law enforcement officers used excessive force, drew their guns during the stop, pulled her out of the car by her hair and tore her rotator cuff. Represented By. I Feel So Violated: Wisconsin Car Salesman Urinates on Black Womans Drivers License She Left Behind After Test Drive, This You?: Twitter Calls Out Marjorie Taylor Greene for Ironically Saying People Should Respect Others With Different Views, Joy Reid Rips Apart Scott Adams As the Dilbert Cartoonist Doubles Down on Racist Comments. Instead, the officers decided to issue a criminal summons for her to appear in court at a later date. The lawsuit obtained by The Washington Post, which was filed in the Middle District of North Carolina, accuses Salisbury officers Devin Barkalow and Adam Bouk and Rowan County Sheriffs deputy Mark Benfield of hurting the librarian so badly that she was forced to miss eight months of work. We dont have any information that they were sanctioned in any way, said Scott Holmes, an attorney representing Bottom and a professor at North Carolina Central Universitys School of Law Civil Litigation Clinic. Bottoms attorneys also argue that officers were deliberately indifferent to the womans pain. And theyre the ones we fear the most.. Librarian Sues Over How She Was Treated During Traffic Stop 847,182 views Apr 29, 2021 Body cam video of a 68-year-old Georgia librarian's encounter with police who handcuffed her on the side of. Bouk told other officers thats good police work, baby even as Bottom continued to complain about her shoulder. She was cruising northbound on Interstate 85 in her Toyota Sequoia. If you walk outside and point an airsoft gun at a cop you are virtually commuting suicide, because they dont have time to determine the lethality of the situation and your intentions. Texas State Historical Association December 18, 2019. "Once it became clear they wanted her to pull over she was afraid and was looking for a safe place to pull over," Holmes told CNN in an email. Copyright 2017 WBTV. Stephanie Bottom was driving on May 30, 2019, along Interstate 85 from Georgia to North Carolina to attend her great aunt's funeral, her attorney Scott Holmes told CNN on Tuesday. She was also charged with speeding and resisting arrest but those were dismissed. COUNTY JAIL DOCKET (The following people were booked into the Volusia County Branch Jail on felony charges yet to be proven in court. Designed for military use, more and more police officers are carrying them. The NAACPs letter also demands a review of current policies, which would include the NAACP receiving a copy of all law enforcement policies and procedures of each agency. Council member Tamara Sheffield said shes been in communication with Bailey about what next steps are needed to address a larger cultural issue regarding community policing. Jerry Barkai - Devin Barkalow. She had to miss a significant amount of work. source code | run your own mirror bot? During the interaction, Cuthbertson swung his helmet, striking Officer B. W. Jones in the face. Some of those images can be seen immediately below: When Bottom didn't immediately pull over, one of the officers making the traffic stop identified in the lawsuit as Salisbury Police Officer Devin Barkalow made statements recorded by his body . The fourth officer named in the lawsuit is Rowan County Sheriff Kevin Auten. Natalie Anderson covers the city of Salisbury, politics and more for the Salisbury Post. The lawsuit, filed Wednesday in U.S. District Court for North Carolinas Middle District by Stephanie Bottom of Atlanta, claims she posed no threat to officers from the Salisbury Police Department and the Rowan County Sheriffs Office when she was pulled over in May 2019. In a June 2019 review of the incident, Sgt. When Bottom didn't immediately pull over, one of the officers making the traffic stop identified in the lawsuit as Salisbury Police Officer Devin Barkalow made statements recorded by his body. The Sheriff Offices current mission statement reads: To provide professional law enforcement to the citizens of Rowan County, North Carolina through efficient and effective methods. Police then allegedly tore Bottoms rotator cuff as they detained her, shrieking, facedown on the pavement of the interstate. I respect and appreciate police officers who uphold the oath to protect and to serve and carry out their duties with a sense of honor, courage and compassion, Dancy said. Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Blotter: Man accused of armed robbery apprehended after short chase, Blotter: Victims in shooting discharged from hospitals, Monday morning car shooting leaves two hospitalized. A Black woman was allegedly grabbed by the hair and pulled out of her SUV by North Carolina police during a traffic stop in 2019 after she was driving 10 miles per hour over the speed limit and failed to stop for law enforcement, according to a civil lawsuit filed last week. The name Derek Barkalow has over 5 birth records, 0 death records, 3 criminal/court records, 13 address records, 5 phone records & more. Susan Lee said the lack of accountability is very concerning and violates community trust, adding that its chilling to think the same officers have been entrusted with local residents safety. We as a council have to say more than, be patient. We have to say more than let the process play out. Gemale Black, president of the Salisbury-Rowan NAACP, said the letter was sent to both law enforcement agencies as well as Salisbury city council members and the Rowan County Board of Commissioners. "With each pump of his heart you could just see it coming out," Wilson added. The lawsuit seeks monetary damages for the alleged use of excessive force and unlawful search of the plaintiff's purse and vehicle. He was uninjured in the incident. Bottom claims the officers refused to get her medical treatment even as she told them she was in pain, according to the lawsuit. Like, theres got to be a better way to handle this. The then-66-year-old librarian from Fulton County, Georgia, was listening to music and didn't initially see the flashing blue lights coming from the police vehicle behind her, Holmes said. The officers knew it was a life or death situation. Contact reporter Natalie Anderson at 704-797-4246. The following alternative links are available: Note: this is a bot providing a directory service. Police say Sifford is facing multiple drug charges and was also charged with fleeing to elude arrest in a motor vehicle. When Bottom didn't immediately pull over, one of the officers making the traffic stop identified in the lawsuit as Salisbury Police Officer Devin Barkalow made statements recorded by his body. She appeared in court for the traffic violations, pleaded responsible to failure to heed blue lights, and the other charges against her were dismissed, according to the lawsuit. She alleges officers assaulted her and unlawfully searched her SUV during the chaotic ordeal. (holmes, curtis) Officers Barkalow and Bouk picked up by her arms, inflicting additional pain to her shoulder, forced her to stand and put her in the back of a patrol car, according to the lawsuit. CNN has reached out to Rowan County Sheriff's Department for comment but has not yet heard back. On Tuesday Wilson and Barkalow were honored by the City Council for their lifesaving effortsa distinction that Wilson says, wasn't really necessary. Were asking for simple things that should already be in place.. "We examined his legs and realized that both femoral arteries had been lacerated from the gunshot wounds. Thats consistent with the incident report from the Rowan County Sheriffs Office, which states that Rowan County Master Deputy Mark Benfield tried to stop Bottom around Julian Road. Despite that, authorities felt justified in threatening deadly force and physically assaulting the woman because she didnt pull over in a timely manner. CHRISTIAN FERLAN Hall Booth Smith, P.C. The incident report describes one point during the chase where Master Deputy M. Smith sped up to the side of Bottoms vehicle and saw her put her hand up in a manner that suggested she didnt care or was not sure what was going on.. The officers made several attempts to gain the cooperation of Mr. Tori Cuthbertson to turn down his motorcycle radio/music and speak with them about the matter. Devin Michael Barkalow, Devin M Barkalow and Devin Michale Barkalow are some of the alias or nicknames that Devin has used. After a short vehicle chase, police say they shot Sifford'stires until he crashed in front of a home on E. Lafayette Street. In a statement to the media, the Salisbury Police Department said it was unable to comment on pending litigation but that it strives "for positive interactions with our residents and visitors, including in cases where (police) may suspect criminal activity.". The Salisbury Police Department and Rowan County Sheriffs Office could not be reached for comment by publication time. ROWAN COUNTY, NC (WBTV) - Salisbury police officers chased and shot the tires of a murder suspect's car during apursuit Friday, according to police. Jupiter and Venus appear to 'kiss' in the sky, Belvidere Jeep assembly plant shut down indefinitely, Chicago Weather: Cloudy and much cooler Thursday, Artemis Moshtaghian, Melissa Alonso and Amanda Jackson. "We were the first two officers there, we found the subject sitting in front of this house," Wilson said. As she was handcuffed on the side of the road, the officers searched her vehicle and purse without her consent, a warrant, or probable cause which violated Bottom's Fourth Amendment rights, the lawsuit says. Bottom would later be charged with speeding, failure to heed to blue lights and resisting, delaying and obstructing an officer. The lawsuit obtained by The Washington Post, which was filed in the Middle District of North Carolina, accuses Salisbury officers Devin Barkalow and Adam Bouk and Rowan County Sheriff's. Devin Barkalow M Overview. She also said she was playing loud music in her car and didnt realize police were trying to stop her. In the suit, Bottom says law enforcement officers used excessive force, drew their guns during the stop, pulled her out of the car by her hair and tore her rotator cuff. When Bottoms didn't immediately pull over, one of the officers making the traffic stop identified in the lawsuit as Salisbury Police Officer Devin Barkalow made statements recorded by his body . 2023001600. She later had surgery for the injury, but it did not fully repair the shoulder, according to the lawsuit, and now there is permanent damage. When police tried to stop his car on Bringle Ferry Road, he drove away through residential property. In the lawsuit, Bottom says law enforcement officers used excessive force, drew their guns during the stop, pulled her out of the car by her hair and tore her rotator cuff. Thats not the case in a lot of states. After the search, officers told Bottom to stand, but she said she couldn't due to the pain in her shoulder, according to the suit. Ian Mance is the attorney handling the case for the public policy program, which is dedicated to criminal justice reform and eradicating structural racism. Within seconds of arriving at her driver's side door, the officers grabbed Bottom by her arm and hair and pulled her from her vehicle to the ground, according to body camera footage. She was "terrified," according to the lawsuit, as officers shouted at her to exit the vehicle. The second officer at the scene, Devin Brosnan, faces an aggravated assault charge for allegedly standing on Brooks' shoulders in the parking lot. An officer pulled alongside Bottom's SUV at one point during the chase and looked inside her vehicle. As Rowan County Sheriff's Deputy Mark Benfield and Barkalow approached her vehicle they had their guns drawn and pointed at her, according to the lawsuit. A Salisbury police officer involved in the stop bragged about grabbing a handful of dreads, and said at that point she earned it,' the lawsuit said, citing footage from the officers body camera. Filter by State in . The incident report states Benfield commanded the driver to exit the vehicle to which she refused to obey commands several times. Body camera footage released to the Charlotte Observer shows Benfield, who approached the car initially with a weapon raised, pulling Bottom out of the vehicle by the arm. 'White privilege and entitlement:' NC city official fired after refusing to address woman by doctoral title. "We physically saw him go white as a ghost from the loss of blood, he was about to go into a faint stage, so we just stopped with all the talk and just carried on with the first aid.". Bottoms lawsuit was filed last week in the U.S. District Court for North Carolinas Middle District and accuses officers of using excessive force and violating her constitutional rights. It's unclear how close police were to Bottom's vehicle before she pulled over, as the footage only shows the inside of the police vehicle and the sky. Prescription Drugs - Possess Prescription Drugs. Published 12:10 am Wednesday, May 5, 2021, By Natalie Anderson So they make up the majority of citizens police interactions in a given year. BARKALOW LANDSCAPING LLC is a Wisconsin Domestic Limited-Liability Company filed on March 4, 2021. She later asked to be taken to the hospital and told a ranking police captain who arrived on scene that officers had broken her arm. We expect complete transparency from law enforcement., Walker said the absence of reprimand only perpetuates the abuse of power that leaves us without justice.. After Benfields initial attempt to pull Bottom over, a roughly 14-mile chase ensued and ended when law enforcement officers eventually flattening Bottoms tires in Davidson County, The incident report states Benfield commanded the driver to exit the vehicle to which she refused to obey commands several times. Body camera footage. Ms. According to The Associated Press, it was about an hour before EMS arrived. Adam Bouk of the Salisbury Police Department placed a handcuff on Bottom's left. She said she was driving to Raleigh for a funeral in May 2019 when she was pulled over for speeding and failing to heed to blue lights. Among other things, the report states Bottom: failed to stop for blue lights and sirens for about 14 miles and through two counties, simply threw her hands into the air when a uniformed officer pulled along side of her and motioned for her to pull over.. Benfield, Bouk and Barkalow pinned her to the ground with their arms and knees on Bottoms back, the lawsuit alleges. Stephanie Bottom, a 68-year-old from Georgia, filed a federal lawsuit in North Carolinas Middle District about her treatment at the end of a 14-mile chase involving local law enforcement officers on Interstate 85 in 2019. Linda McElroy, the city of Salisburys communications director, declined to comment on the pending litigation and said, The Salisbury Police always strives for positive interactions with our residents and visitors, including in cases where we may suspect criminal activity. The Rowan County Sheriffs Office has not responded to a request for information from the Salisbury Post. Ben Stansell covers business, county government and more for the Salisbury Post. devin barkalow waiver sent on 4/28/2021, answer due 6/28/2021. Email him at ben.stansell@salisburypost.com. SCOTT D. MACLATCHIE Hall Booth Smith, P.C. Please, why are you doing this to me?, It was a simple traffic stop, thats all we had to do, Benfield told her. Lawsuit to be filed against police after Calif. man dies while being restrained by police. Bottom said she was driving to Raleigh for a funeral in May 2019 when she was pulled over for speeding and failing to heed to blue lights. Bottom is being represented by Scott Holmes, professor of the Civil Litigation Clinic, a program for third-year law-school students at the North Carolina Central University. During this time, Bouk is heard on the body camera footage saying, "That's good police work baby" to other officers, according to the suit. Read the full court filing by clicking here. Incident reports show the chase occurred on May 30, 2019 when Rowan County Master Deputy Mark Benfield tried to stop Bottom around Julian Road for traveling 80 mph in a 70 mph zone. Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), School board questions why payroll issue took so long to resolve, Taking them back: Alumni cherish photo project, Salisbury High assembly, Medical marijuana passes in NC senate, Ford votes no, John Carr: Post switching to mail delivery next week. Mance said that was one of the reasons Emancipate North Carolina opted to take on Bottoms case. The other officers named in the suit are Adam Bouk, a sergeant for the Salisbury Police Department, and Mark Benfield, who is listed in the Rowan County Sheriffs Office directory as a master deputy. Black said he isnt hopeful that the demand will be fulfilled. Former Salisbury Police officer Devin Barkalow is accused of pulling Bottom out of the vehicle by her hair. The wheels of justice are very slow in turning, and weve already been told that it could take up to as much as two years to go through the judicial system, she said. The then-66-year-old librarian from Fulton County, Georgia, was listening to music and didn't initially see the flashing blue lights coming from the police vehicle behind her, Holmes said. Officers issued Bottom a summons, charging her with "speeding failure to heed blue lights, and resisting, delaying, and obstructing an officer for allegedly refusing to get out of her vehicle and pulling away from the officer," according to the lawsuit. It also claims that the officers congratulated one other for their work and an officer identified in the lawsuit as Barkalow is heard bragging about grabbing a "handful of dreads," saying "at that point she earned it.". Bottom pleaded guilty to failing to heed blue lights. I think that one of the main reasons we decided to get involved and impact litigation around traffic stops is that here, traffic stops are the main way that people interact with the police. I like to get all sides of the story, so Im asking to see what led up to that, Black said. "Once it became clear they wanted her to pull over she was afraid and was looking for a safe place to pull over," Holmes told CNN in an email. Following the public comments, Mayor Pro Tem Al Heggins asked the city council to find a way to address the concerns and deliver transparency. He identified her on the radio as "an older Black female." A frustrated Barkalow called. But they approached her vehicle with guns drawn and later violated her rights by using excessive force, the lawsuit said. Within seconds of arriving at her driver's side door, officers grabbed the by her arm and hair and pulled her from her vehicle to the ground. Bailey reminded the public that the Salisbury Police Departments use of force policies are available on the citys website. 2/26/2023 3:37:00 AM. Bottom asks for a jury trial, compensatory and punitive damages as well as court costs and attorneys fees. Theres a fear that even while doing our very best to follow the law and mind our business, we can come across an officer who fails to see our humanity or value our lives. Sgt. She is requesting a jury trial, compensatory and punitive damages and the costs of court and attorney fees to be covered. Sunshine returns to SoCal on Thursday but cold temps stick around, World of Barbie to open next month at Santa Monica Place, Jupiter and Venus appear to 'kiss' in the sky, Track SoCal rain with LIVE Megadoppler 7000 HD, Artemis Moshtaghian, Melissa Alonso and Amanda Jackson. View Devin Barkalow M Full Profile . Its not clear in incident reports why deputies otherwise searched her vehicle. His femoral arteries in both legs had been severed by the gunshots. Bottom said all of the arresting officers were white. The video was released to the Charlotte Observer by Bottoms attorneys, but has not been released publicly. This practice of editing out the why for these videos and only showing the police response is likely to destroy any credibility as these videos continue to get debunked. This mission encompasses functions of courthouse security, civil process, operation of detention facility, investigations and community patrol.. Her attorneys said she had to foot the bill for medical treatments, repairs to her SUV and was left to grapple with the emotional fallout of her encounter. Officers used stop sticks and pulled Bottom over at gunpoint. Theyre so disturbing. Many more people die in car accidents than because of guns and whatnot. The lawsuit, which requests a jury trial, alleges two officers grabbed Bottom by her arm and her hair, later throwing her out of the vehicle and on to the ground. As Rowan County Sheriff's Deputy Mark Benfield and Barkalow approached her vehicle they had their guns drawn and pointed at her, according to the lawsuit. The lawsuit also alleges violations of constitutional amendments about unlawful searches and seizures, saying evidence found in the car would not support charges for speeding. The lawsuit obtained by The Washington Post, which was filed in the Middle District of North Carolina, accuses Salisbury officers Devin Barkalow and Adam Bouk and Rowan County Sheriff's deputy Mark Benfield of hurting the librarian so badly that she was forced to miss eight months of work. So when things go wrong with the police, that is very often in the context of traffic stops.. This should anger all of us.. She appeared in court for the traffic violations, pleaded responsible to failure to heed blue lights, and the other charges against her were dismissed, according to the lawsuit. Then police yanked the 68-year-old Atlanta woman out of her drivers seat by her hair, according to a federal lawsuit. Sergeant J. Naves believes Master Deputy M. Benfield and Master Deputy M. Smith complied with the Rowan County Sheriffs Office policy and procedures during this incident, the use of force report states. Child Endangerment/abuse-non Serious Inj; Domestic Abuse Assault Impeding Flow Of Air/Blood; Domestic Abuse Assault-Injury Or Mental Illness-1st. Derek Barkalow Found. Linda McElroy, a spokeswoman for the city of Salisbury, wrote in an email to the Observer that the Salisbury Police always strives for positive interactions with our residents and visitors, including in cases where we may suspect criminal activity.. Salisbury police. Efforts to reach the officers and Rowan County Sheriff Kevin Auten were unsuccessful. One of the officers named in the lawsuit, Devin Barkalow, declined to comment to the Charlotte Observer but no longer works for the police department. Other sheriffs deputies and police officers joined the chase before a tire deflation device was used near Davidson County Airport. One of the police officers who no longer works for the Salisbury Police Department declined to comment when contacted by the Charlotte Observer. Black said the Salisbury-Rowan NAACPs legal redress committee came together to craft the wording and demands made in the letter after analyzing the available camera footage of the incident. The federal complaint also names Rowan County Sheriff Kevin Auten as well as the Pennsylvania National Mutual, Casualty Insurance Company, the insurance company with which the Sheriffs Office has a $2 million surety bond. After the search, officers told Bottom to stand, but she said she couldn't due to the pain in her shoulder, according to the suit. The arresting officers involved were identified as Salisbury police officers Adam Bouk and Devin Barkalow, Rowan County sheriff's deputy Mark Benfield, and a Highway Patrol trooper only . Black said he was frustrated with the fact that the incident and the impending lawsuit were only brought to light recently. She was accused of refusing to get out of her vehicle and pulling away from the officer. The lawsuit denied those allegations. He joined the staff in August 2020 after graduating from the University of Alabama. shows Benfield, who approached the car initially with a weapon raised, pulling Bottom out of the vehicle by the arm. ', Heggins suggested a public work session with the city manager, city attorney and police chief to discuss use of force policies and what role each person is expected to carry out. Both the Rowan County Sheriff's Office and the Salisbury Police Department are named in the suit f iled in the U.S. District Court for the Middle District of North Carolina. Shes asking for damages and an injunction against the policies and practices in which the officers engaged while taking her into custody. Derek Chauvin trial juror details courtroom experience, deliberations: 'You're watching somebody die on a daily basis'. "I was doing what we train to do. The lawsuit seeks monetary damages for the alleged use of excessive force and unlawful search of the plaintiff's purse and vehicle. The other officers swooped in and handcuffed Bottom, who yelled and writhed in pain as they yanked her arms her back to shackle her. The Salisbury-Rowan NAACP listed five demands to the Salisbury Police Department and Rowan Sheriffs Office, in a letter that was published on its Facebook page. Rowan County Master Deputy Mark Benfield tried to stop Bottom around Julian Road for traveling 80 mph in a 70 mph zone, according to an incident report. He drove away through residential property waiver sent on 4/28/2021, answer due 6/28/2021 officers were white Left. Have to say more than, be patient in which the officers refused to obey several... Context of traffic stops decided to issue a criminal summons for her appear... Bottom & # x27 ; s Left case in a motor vehicle the... They detained her, shrieking, facedown on the pavement of the vehicle by the arm contacted! Front of a home on E. Lafayette Street W. Jones in the lawsuit Barkalow, Devin M Barkalow Devin! 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