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. contact info. A March report from the review panel, which is part of the Governors Crime Commission, showed that Black drivers are also searched nearly twice the rate as white and Hispanics in North Carolina, and more than three times the rate of other races. 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. Many more people die in car accidents than because of guns and whatnot. 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. 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. "We examined his legs and realized that both femoral arteries had been lacerated from the gunshot wounds. It caused her a very significant injury that required surgery, that required her to spend time in the hospital. 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. I am exhausted with seeing Black bodies abused, tortured and sometimes killed by police officers for minor traffic infractions or other incidents that should not end in death, Dancy said. Among them was Salisbury police officer Adam Bouk, Rowan County sheriffs deputy Mark Benfield, a Highway Patrol trooper identified in the lawsuit only as Officer Smith and Devin Barkalow, a plainclothes Salisbury cop. CNN has reached out to Rowan County Sheriff's Department for comment but has not yet heard back. Chauvins conviction on Tuesday has renewed the push from Democrats for the Senate to pass the George Floyd Justice in Policing Act, a measure that could reshape law enforcement training in the United States. Youre going to jail now, the policeman responded. Bodycam footage showed he also said it was an exciting chase and commented that he was at the edge of his seat.. Detective Barkalow is currentlyworking in an undercover capacity and was not available for an interview or picture. Body camera footage shows Benfield pulling Bottom out of the vehicle by her arm. Salisbury police. 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. Officers with the Rowan County Sheriff's Office and the Salisbury Police Department were attempting to conduct a traffic stop on Bottom, alleging she was driving 80 mph in a 70-mph zone, according to the suit. Derek Chauvin trial juror details courtroom experience, deliberations: 'You're watching somebody die on a daily basis'. 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. Bottoms attorneys also argue that officers were deliberately indifferent to the womans pain. 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. "I was sitting at a red light at the square in here in Salisbury when the call came in that we had a gunshot victim," said Master Police Officer Joe Wilson. 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.". 2023001599. Two Salisbury Police officers honored for life-saving actions, N.C. 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, according to the incident report. Ummm dont think there are usually like a dozen police cars for a traffic stop obviously something else is going on here. While her attorneys have not returned requests for comment from the Post, the Associated Press quoted Ian Mance, an attorney for Emancipate NC, as saying, Our complaint alleges these officers had no reason to use any force, much less the level of force they employed.. 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. She was "terrified," according to the lawsuit, as officers shouted at her to exit the vehicle. The officers then decided not to charge Bottom to avoid paying the cost of her hospital bills, her attorneys allege. OMONOMBE, YVINCE WA YEMA. 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. An internal investigation is pending. An officer pulled alongside Bottom's SUV at one point during the chase and looked inside her vehicle. Barkalow bragged about grabbing a handful of dreads, and said at that point she earned it.. Once on the ground, officers twisted Bottoms arm behind her back, causing her shoulder to pop, tearing her rotator cuff and causing severe injury, the lawsuit said. Lawsuit to be filed against police after Calif. man dies while being restrained by police. Adam Bouk of the Salisbury Police Department placed a handcuff on Bottom's left. Former Salisbury Police officer Devin Barkalow is accused of pulling Bottom out of the vehicle by her hair. Neither the Salisbury Police Department nor the Rowan County Sheriffs Office immediately responded to requests for comment Thursday. Atlanta Black Star is a narrative company. Then Benfield and Salisbury police officer Devin Barkalow have Bottom, then 66, face-down on the road and struggle to handcuff her. 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. 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. They ignored her cries for medical attention and failed to render immediate treatment for her injuries. 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. While state law allows people pictured in body camera videos to receive a copy, Rowan County government is prevented from releasing the video without a court order. Sheriff Kevin Auten is named only in his official capacity as the sheriff and is not alleged to have been involved in the incident. They dont care because its not their emergency. Efforts to reach the officers and Rowan County Sheriff Kevin Auten were unsuccessful. ', 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. The incident report describes one point during the chase where Master Deputy M. Smith sped up beside 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.. 'White privilege and entitlement:' NC city official fired after refusing to address woman by doctoral title. SCOTT D. MACLATCHIE Hall Booth Smith, P.C. "We were the first two officers there, we found the subject sitting in front of this house," Wilson said. Someone non compliant whos in operation of a vehicle needs to be stopped immediately, it wasnt her color or age, it was her actions. [After this point is the edit]: Also its easy to say in pretty much every situation that theres got to be a better way to handle this because its true; but we have time to observe and think without the consequences of being there in person. 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. Bailey reminded the public that the Salisbury Police Departments use of force policies are available on the citys website. 'White privilege and entitlement:' NC city official fired after refusing to address woman by doctoral title. The man was later identified as William Scott Kerr, Jr., 31. A sheriffs office report from 2019 says the incident occurred at 8:16 p.m. on May 30 near mile marker 74 on Interstate 85. And thank God they had to wear body cams or we still wouldnt know what happened., Rev. Bottoms lawsuit indicates Barkalow also aimed his weapon at her. Bodycam footage showed Deputy Benfield hop out with his gun drawn as he and the other officers swarmed her car. Press question mark to learn the rest of the keyboard shortcuts. Create an account to follow your favorite communities and start taking part in conversations. 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. Olen Bruner called on city leadership to work toward and enact changes that residents elected them to address, particularly archaic laws regarding racial injustice and police brutality that city leaders can hide behind and that protect the system., My first change is stop killing us, he said. They are flat. I'm a diabetic and having high or low sugar around police is a scary thought. Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), declined to comment to the Charlotte Observer, 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. Child Endangerment/abuse-non Serious Inj; Domestic Abuse Assault Impeding Flow Of Air/Blood; Domestic Abuse Assault-Injury Or Mental Illness-1st. Another officer involved in the traffic stop, only identified as Officer Smith, pulled ahead of Bottom and deployed spike strips that immediately immobilized her vehicle, the lawsuit says. 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. Bottoms vehicle stopped on left shoulder after the tires deflated. Those we have entrusted to keep us safe. Barkalow said he no longer works for the police department but declined to say where he's working now. Stop Sticks, a brand name tire deflation device used by law enforcement agencies, were deployed at mile marker 87 about 14 miles away from where the chase started and near the point where I-85 splits into I-85 Business near the Davidson County Airport. The second cop just comes rushing in and let's adrenaline take over. The lawsuit seeks monetary damages for the alleged use of excessive force and unlawful search of the plaintiff's purse and vehicle. It wasn't just me, it was Officer Barkalow, it wasn't just me and Officer Barkalow, it was Baker team of the Salisbury Police Department, it took all of us to do that". The fourth officer named in the lawsuit is Rowan County Sheriff Kevin Auten. The two officers involved in the chase and shooting, Sgt. 2151 KEOKUK ST #14. One of Bottom's attorney's, Scott Holmes, said "the case shows the importance of civil rights non-profit organizations and law school clinics devoted to policing the . Devin Michael Barkalow is listed at 3579 Farm Lake Dr Sw Concord, Nc 28027 and is affiliated with the Republican Party. Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Salisbury and Rowan County officers used excessive force. 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. The man facing murder charges, 29-year-old John Calvin Sifford III, crashed his car and ran away in an attempt to flee the officers, according to Salisbury police. Bouk and Benfield explained to Bottom that she refused to stop when they attempted to pull her over for speeding. The company has 1 contact on record. When Bottom appeared in court, she pleaded guilty to the failure to heed blue lights charge. 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. The lawsuit alleges the officers were not disciplined for their actions. I work as a paramedic and people have literally brake checked us while going emergent. Anger is only one of the emotions I felt when I witnessed the video of what transpired between Ms. Stephanie Bottom and the officers in 2019. 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. The 68-year-old Georgia woman, Stephanie Bottom, filed the lawsuit Wednesday in federal court for North Carolinas Middle District about her treatment during the stop involving Salisbury Police and the Rowan County Sheriffs Office. snip. This should anger all of us.. Bottom had surgery to repair the tear but the injury prevents her from raising her left arm above her head. 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. The two officers involved in the chase and shooting,Sgt. He was sitting, leaning in front of this house, and he was screaming for help and we could see that he was covered from the waist down in dark blood.". "It means a lot, but at the same time it's not really necessary, I was just doing my job," Wilson said. They invoke such fear and distrust that we as a council have to think of a way in which we can respond, Heggins said. Didnt want to get shot? Officers had their sirens on for at least 10 minutes, according to body camera footage that is cited in the lawsuit and was reviewed by CNN. "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. 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. Derek Barkalow Found. One of the officers' body cameras also captured one of the Salisbury police officers bragging about "grabbing a handful of dreads" and saying "she earned it." The four officers involved in the incident were Salisbury Police Officers Devin Barkalow and Adam Bouk, Rowan County Sheriff's Deputy Mark Benfield, and an officer only . The officers knew it was a life or death situation. If she was just chilling there being compliant than fuck yeah thats excessive, but they are trained (rightfully) to get a dangerous and non compliant operator of a vehicle out of said vehicle. 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. Cutting over lanes to cut us off. 1331 . In addition to officers involved in the stop, the lawsuit names Rowan County Sheriff Kevin Auten and Pennsylvania National Mutual Casualty Insurance Company. It was my understanding that they are taught to be observant of people. Possible related people for Devin Barkalow include Brandon J Barkalow, Bridgett Ann Barkalow, Jacob Barkalow, Jacob Edward Barkalow, James Edward Barkalow, and many others.On file we have 2 emails for Devin including devinbarkalow@yahoo.com and ksnickle@gmail.com On record we show 6 phone numbers associated . See the correctional supervision record for Kyle Devin Barkalow, who is or was recently under the supervision of the department of corrections in the state of Florida. Bottom, now 68 years old, is a Black librarian. Other sheriff's. SALISBURY Following a federal lawsuit filed by a Georgia woman who claims Salisbury and Rowan County officers used excessive force against her in a 2019 traffic stop, the Salisbury-Rowan NAACP is calling for accountability and transparency from local law enforcement agencies. contact info. Officers with the Rowan County Sheriff's Office and the Salisbury Police Department were attempting to conduct a traffic stop on Bottom, alleging she was driving 80 mph in a 70-mph zone, according to the suit. She joined the staff in January 2020 after graduating from Louisiana State University, where she was editor of The Reveille newspaper. If you have trouble with any of the links above, please contact the user who provided them. Published 10:05 am Thursday, April 22, 2021. Contribute to Atlanta Black Star today and help us share our narratives. He took a job with federal law enforcement in February 2020,. She then proceeded to take them on a 10 mile chase. Four law enforcement officers are named in the federal lawsuit filed in US District Court for the Middle District of North Carolina. During the interaction, Cuthbertson swung his helmet, striking Officer B. W. Jones in the face. DEPUTY MARK BENFIELD. Mike Colvin and Detective Devin Barkalow, are now on administrative duty. Sgt. She alleges officers assaulted her and unlawfully searched her SUV during the chaotic ordeal. View Devin Barkalow's record in Wild Rose, WI including current phone number, address, relatives, background check report, and property record with Whitepages. This case was filed in Seminole County Courts, Not Classified By Court located in Seminole, Florida. I dont understand how they do it in Georgia, but thats not how its done here.. Sifford was placed in the Rowan County Detention Center under an additional $500,000 bond. The man had been shot twice. They determined Bottom needed to be hospitalized. We know that North Carolina has really widespread and entrenched, pronounced racial disparities in terms of the way that black and white motorists are policed, he said. She thought the police were attempting to stop another motorist on the interstate, and claims her music drowned out the sirens. Real social injustice exists and you are prolonging any chance of a solution by floating this crap. The suit says she was going 10 mph over the speed limit 80 mph in a 70 mph zone. CHRISTIAN FERLAN Hall Booth Smith, P.C. 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. Other sheriffs deputies and police officers joined the chase. She was cruising northbound on Interstate 85 in her Toyota Sequoia. In the footage, Bottom is seen screaming as Benfield, Barkalow, and Salisbury Police Officer Adam Bouk force her to lay face down on the ground, according to the lawsuit. 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. Stop Sticks, a tire deflation device, were deployed and punctured Bottoms tires, forcing her to pull over on the shoulder of the road near the point where I-85 splits into I-85 Business near the Davidson County Airport. According to The Associated Press, it was about an hour before EMS arrived. Bottom, who did not immediately realize police wanted her to stop, was looking for a safe place to pull over when police used spike strips to stop her SUV. Acting quickly, they reached forcombat arm tourniquets. When police tried to stop his car on Bringle Ferry Road, he drove away through residential property. After she cried for police to get her medical attention I am hurting really bad one of the officers on the scene congratulated his law enforcement colleagues on a job well done, according to the lawsuit. She says she had her music turned up loudly and was listening to tunes as she made the journey. As for the other demands, Black said he thinks those could be delivered upon easily. deputy mark benfield, officer devin barkalow, officer adam bouk, city of salisbury, sheriff kevin auten and pennsylvania national mutual casualty insurance company: case number: 1:2021cv00322: . Defendant: DEPUTY MARK BENFIELD, OFFICER DEVIN BARKALOW, OFFICER ADAM BOUK and others Plaintiff: STEPHANIE BOTTOM Cause Of Action: 28 U.S.C. The Black Army officer accused police officers in Windsor, Va., of holding him at gunpoint and pepper-spraying and assaulting him during a traffic stop in December. Black said he has not yet received any communication back about the letter, but mentioned that it was only sent out on Saturday. against her in a 2019 traffic stop, the Salisbury-Rowan NAACP is calling for accountability and transparency from local law enforcement agencies. The force applied by the officers caused Bottom's "shoulder to 'pop,' tearing her rotator cuff and causing severe injury," according to the lawsuit. Like the officers who leave their home not knowing if they will safely return, many of us feel the exact same way every single day. She had to be hospitalized and undergo surgery for a torn rotator cuff. Arrest warrants have been issued for both . . Eventually, Bottom received medical attention at the scene and was taken to the hospital, the lawsuit says. 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. And if the two concepts seem to conflict -- well, yes, they sometimes do, but Carol Barkalow, 31, wants you to know . 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. Had her music turned up loudly and was taken to the failure to heed blue lights charge to jail,! To be filed against police after Calif. man dies while being restrained by police Kerr, Jr.,.! Stop his car on Bringle Ferry road, he drove away through residential.... Suv during the chase and looked inside her vehicle requests for comment Thursday through residential.. Trouble with any of the plaintiff 's purse and vehicle Thursday, April 22, 2021 police. And was listening to tunes as she made the journey know what,. 30 near mile marker 74 on Interstate 85 for comment but has not yet heard back, then,. 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