As for the other demands, Black said he thinks those could be delivered upon easily. Maam, there was about four police cars behind you at one point in time, Benfield told Bottom as she claimed she didnt realize the officers had been chasing her for miles. Bottom had surgery to repair the tear but the injury prevents her from raising her left arm above her head. Black said he isnt hopeful that the demand will be fulfilled. The suit alleges that in his official capacity he "approved and condoned the unlawful behavior.". But she said women have made progress since, even in light of the scandal, in which members of an online group allegedly shared or commented on images of nude or semi-clad female Marines. The lawsuit names Benfield and Barkalow as the two officers who did this. 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 barkalow waiver sent on 4/28/2021, answer due 6/28/2021. Helping a Hero is a charity that builds specialized homes for injured service members. Derek Chauvin trial juror details courtroom experience, deliberations: 'You're watching somebody die on a daily basis'. 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. 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. 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. 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. So this was very disruptive to her life in many ways.. 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. Bouk yelled that theyd been following her trying to get her to stop for over 10 miles. Uhm..she was speeding, they got behind her and lit her up. A federal lawsuit filed by a Georgia woman claims officers from Salisbury and Rowan County used excessive force during a traffic stop in 2019 when they pulled her from the car by her hair and tore her rotator cuff. Bottom, an Atlanta librarian and grandmother of five, was driving to North Carolina for a relatives funeral when police stopped her vehicle after it was going 10 mph over the speed limit, according to a federal lawsuit she filed Wednesday. One of the police officers who no longer works for the Salisbury Police Department declined to comment when contacted by the Charlotte Observer. 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. 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. Background Search . 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.. Yeah she ran for 10 miles. Officers had guns drawn 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. We as a council have to say more than, be patient. We have to say more than let the process play out. Sgt. "We were the first two officers there, we found the subject sitting in front of this house,"Wilson said. The officers pulled Bottom's arms behind her back while she shrieked in pain as sirens blared in the background, according to the footage. 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. 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. There are no facts likely to emerge that warrant a 68 year old to be manhandled like that, fucking none. He identified her on the radio as an older Black female. A frustrated Barkalow called Bottom a fucking retard and a douche bag while chasing her in his squad car. "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. Defendant Officer Devin Barkalow(hereinafter "Defendant Barkalow") is, and at all relevant times was, employed as an officer for Defendant City, and was acting in the course and scope of his. Linda McElroy, a spokeswoman for the City of Salisbury, said that Barkalow was hired by the department in 2015 and left the agency in Feb. 2020 to take a job with . Thats good police work, baby, he said, according to body-cam footage. Published 10:05 am Thursday, April 22, 2021. As Bottom was unbuckling her seatbelt, Barkalow rushed in from the passengers side of the SUV and snatched the elderly woman out of the drivers seat by her hair, then slammed her to the pavement. 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. Prescription Drugs - Possess Prescription Drugs. 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.". Devin Willock, who was an offensive lineman for the Bulldogs, . 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. 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 . Council members David Post and Brian Miller agreed with the request for data and information about use of force policies, but neither saw a need for a separate public meeting apart from a regular council meeting. Bottoms vehicle stopped on left shoulder after the tires deflated. The suit states police officers acted unreasonably, maliciously, and without justification, because (Bottom) did not pose a threat and was lawfully complying with the demands of the defendants to exit the vehicle with her hands up. Video shows Bottom sitting in her vehicle, facing Benfield and responding to him when she is pulled onto the ground. 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 pleaded guilty to failing to heed blue lights. 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. BARKALOW LANDSCAPING LLC is a Wisconsin Domestic Limited-Liability Company filed on March 4, 2021. Devin Michael Barkalow is listed at 3579 Farm Lake Dr Sw Concord, Nc 28027 and is affiliated with the Republican Party. The lawsuit seeks monetary damages for the alleged use of excessive force and unlawful search of the plaintiff's purse and vehicle. 'White privilege and entitlement:' NC city official fired after refusing to address woman by doctoral title. Eventually, Bottom received medical attention at the scene and was taken to the hospital, the lawsuit says. shows Benfield, who approached the car initially with a weapon raised, pulling Bottom out of the vehicle by the arm. The Judge overseeing this case is WAYNE CULVER. Derek Chauvin trial juror details courtroom experience, deliberations: 'You're watching somebody die on a daily basis'. 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. . Bottoms lawsuit was filed April 21 in the U.S. District Court for the Middle District of North Carolina. Stephanie Bottom was terror-stricken in the drivers seat of her SUV, trying not to move as three officers in Salisbury, N.C., held her at gunpoint during a traffic stop for speeding in May 2019. Benfield and a second cop, Officer Devin Barkalow, then struggle to put handcuffs on Bottom while she lies face-down on the side of the roadway, according to the footage. 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. 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. Dancy called on the officers to answer questions of why the excessive force was used and why they ignored Bottoms comment about a previous injury to her shoulder during the incident. snip. 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. "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. It was very frightening. 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. "There is some good news with this, even though what they did was horrible," Barkalow . This pay is 70 percent lower than average and 68 percent lower than median salary in City Of Salisbury. He is a white male registered to vote in Cabarrus County, North Carolina. They dont care because its not their emergency. She alleges officers assaulted her and unlawfully searched her SUV during the chaotic ordeal. I dont understand how they do it in Georgia, but thats not how its done here.. The presiding judge in the case is William L. Osteen, Jr. Bottom is represented in court by Scott Holmes of the North Carolina Central University Civil Litigation Clinic and Mance. 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. If theyre not going to hold these officers accountable in a situation like this, when will they hold officers accountable?. Regina Dancy said she debated speaking about the issue for fear shed be perceived as anti-police, which she emphasized she is not, or an angry Black woman speaking out against racial injustice. Durham, NC 27707 Defendant Attorney NED A. STILES Attorney at STILES BYRUM & HORNE, LLP Bottom didnt think she was speeding and claims she didnt realize she was being pulled over. Atlanta Black Star is a narrative company. Eventually, Bottom received medical attention at the scene and was taken to the hospital, the lawsuit says. Represented By. OMONOMBE, YVINCE WA YEMA. This salary is 20 percent higher than average and 23 percent higher than median salary in City of Salisbury. So when things go wrong with the police, that is very often in the context of traffic stops.. 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. According to a July 2020 report from the North Carolina Justice Analysis Review, Black motorists were stopped at a rate twice as high as white drivers in the Tar Heel State, and almost 1.5 times the rates of other races. Two Salisbury Police officers honored for life-saving actions, N.C. The Salisbury Police Department and Rowan County Sheriffs Office could not be reached for comment by publication time. Bottom was not driving recklessly, she didnt lead officers on a high-speed chase, and she never intentionally tried to elude them, her attorneys contend. The suit says Bottoms injuries required surgery that did not fully repair the shoulder and that she feared the police and did not want to pull over on the side of the interstate. The other officers did not respond to requests for comment. 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. 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. 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. Bottom claims the officers refused to get her medical treatment even as she told them she was in pain, according to the lawsuit. Ben Stansell covers business, county government and more for the Salisbury Post. Its not clear in incident reports why deputies otherwise searched her vehicle. Bottom claims the officers refused to get her medical treatment even as she told them she was in pain, according to the lawsuit. Press question mark to learn the rest of the keyboard shortcuts. Adam Bouk of the Salisbury Police Department placed a handcuff on Bottoms left hand and the right hand was cuffed with the assistance of two other officers, a sheriffs office narrative states. Constitutional carry bill aims to eliminate handgun permits, Medic: Teen dead, driver seriously injured in crash on I-485 in west Charlotte, PLAN AHEAD: Latest Weather Forecast Video. Body camera footage shows Benfield pulling Bottom out of the vehicle by her arm. Police detective Devin Barkalow (now with DHS) jumps out of moving car with gun drawn to ticket 68 year old woman for 10 over.she is African American.surprise/surprise VT: No police nationally will stop a car for 80 on an interstate highway where the speedlimit is 70. "It means a lot, but at the same time it's not really necessary, I was just doing my job," Wilson said. Bottom sobbed as she sat on the ground at the side of the high gasping in pain. During the interaction, Cuthbertson swung his helmet, striking Officer B. W. Jones in the face. 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. 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 . 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. The lawsuit seeks monetary damages for the alleged use of excessive force and unlawful search of the plaintiff's purse and vehicle. They are flat. The Rowan County Sheriffs Office report does not address actions by Salisbury Police officer Barkalow. Wed write you a ticket. 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. So why was it necessary to handle an old lady so aggressively when she is sitting in a car and there are a dozen other cops on the scene? Barkalow, who was hired by the department in 2015, left the agency to take a position with federal law enforcement in February 2020, according to Linda McElroy, a spokeswoman for the city of. 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. The lawsuit alleges the officers were not disciplined for their actions. She also recommended watching the film Driving While Black.. They determined Bottom needed to be hospitalized. An internal investigation is pending. 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". ): Spencer D. Matthews, 39, Daytona Beach, habitual driving . Bottom said she was listening to music loudly in her car and did not realize she was being pulled over, according to the lawsuit. contact info. Theyre so disturbing. Barkalow remembers how female cadets were hazed and harassed back then. 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. Contribute to Atlanta Black Star today and help us share our narratives. Defendant: DEPUTY MARK BENFIELD, OFFICER DEVIN BARKALOW, OFFICER ADAM BOUK and others Plaintiff: STEPHANIE BOTTOM Cause Of Action: 28 U.S.C. Other sheriff's. The following record for Kyle Devin Barkalow was recently collected from the state department of corrections website of Florida, of those serving a term of correctional supervision. Adam Bouk of the Salisbury Police Department placed a handcuff on Bottom's left. 'White privilege and entitlement:' NC city official fired after refusing to address woman by doctoral title. Bottom was peaceful at all times, and officers knew they were dealing with an elderly woman, said Ian Mance, a lawyer with EmancipateNC who represents Bottom. 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. Following the public comments, Mayor Pro Tem Al Heggins asked the city council to find a way to address the concerns and deliver transparency. 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. 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. 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. Jacob Linn (1825-1878) was a gunsmith, business owner, Bexar County commissioner, landowner, and rancher. Sign up to receive The Atlanta Black Star Newsletter in your inbox. 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. 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. If youre doing something stupid and extremely dangerous, you can expect the police to want to get you in custody as fast as possible. The force applied by the officers caused Bottom's "shoulder to 'pop,' tearing her rotator cuff and causing severe injury," according to the lawsuit. 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. COUNTY JAIL DOCKET (The following people were booked into the Volusia County Branch Jail on felony charges yet to be proven in court. 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. JAMES R. MORGAN, JR. Womble Bond Dickinson (us) LLP contact info. Detective Barkalow is currentlyworking in an undercover capacity and was not available for an interview or picture. They finally were able to stop her with tire spikesshe still didn't listen when they ordered her out of the car. Yeah, she WAS speeding. If you have trouble with any of the links above, please contact the user who provided them. Devin Barkalow M Overview. Verified account Protected Tweets @; Suggested users Police say he got out of the car, ran, and was caught. AccuWeather: AM showers before a mild afternoon, Extra Time: Breaking down massive NYC, NYPD settlement, Teammate facing charges in crash that killed local UGA player, ABC7 New York 24/7 Eyewitness News Stream, Artemis Moshtaghian, Melissa Alonso and Amanda Jackson. 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. They ignored her cries for medical attention and failed to render immediate treatment for her injuries. 'White privilege and entitlement:' NC city official fired after refusing to address woman by doctoral title. Bottom, who is Black, is suing three officers, the sheriff of Rowan County, N.C., and the city of Salisbury, accusing them of using excessive force and violating her Fourth Amendment rights during a traffic stop that seriously injured her. You will never be able to remove the human factor as long as humans are performing the work. We expect complete transparency from law enforcement., Walker said the absence of reprimand only perpetuates the abuse of power that leaves us without justice.. Relatives & Associates. Its not like the cop decided that they wanted the hair because it would be more aggressive, theyre just grabbing her and getting her out of the vehicle to detain her as fast as possible. View Devin B. Bottom claimed she was driving 70 mph or 75 mph with her music turned up so loudly that she couldnt hear the sirens. 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 Saturday night. "Why are you doing this. Devin Barkalow currently lives in Concord, NC; in the past Devin has also lived in Chesterland OH and Salisbury NC. Devin Barkalow M. Police Officer City Of Salisbury. 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. SALISBURY, NC (WBTV) - Two Salisbury police officers were honored as lifesavers for their work in saving a man who had been shot twice and was bleeding to death. Mr Benfield and another officer, Devin. 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. According to the lawsuit, Bottom did not believe she was driving fast and did not think the police were trying to stop her. 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. 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. Other sheriffs deputies and police officers joined the chase. Lawsuit to be filed against police after Calif. man dies while being restrained by police. Barkalow and another Salisbury officer, Bottom claims they . 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. The force applied by the officers caused Bottom's "shoulder to 'pop,' tearing her rotator cuff and causing severe injury," according to the lawsuit. All rights reserved. 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. 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