Bottoms attorneys also argue that officers were deliberately indifferent to the womans pain. 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. He left the police force for a role in federal law enforcement over a year ago. According to the lawsuit, Bottom did not believe she was driving fast and did not think the police were trying to stop her. She was "terrified," according to the lawsuit, as officers shouted at her to exit the 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. 'White privilege and entitlement:' NC city official fired after refusing to address woman by doctoral title. 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. This is a military officer and this is a woman, the two pictures are saying. 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. Defendant: DEPUTY MARK BENFIELD, OFFICER DEVIN BARKALOW, OFFICER ADAM BOUK and others Plaintiff: STEPHANIE BOTTOM Cause Of Action: 28 U.S.C. A gray-headed, Black lady driving 10 miles over the speed limit, Peckman said. Bottoms lawsuit disagrees with the Rowan County Sheriffs Office assessment, saying defendants were deliberately indifferent to the fact that their use of force was unreasonable, excessive and without lawful justification or excuse; and thus a violation of both statutory and constitutional law.. Eventually, Bottom received medical attention at the scene and was taken to the hospital, the lawsuit says. 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. 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. Our complaint alleges these officers had no reason to use any force, much less the level of force they employed. 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. 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. The suit alleges that in his official capacity he "approved and condoned the unlawful behavior.". 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. The car was stopped when they apprehended her. The Salisbury Police Department says the State Bureau of Investigation has declined to review 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. After a review of those policies, Black said he would like to see the creation of a new zero-tolerance policy that would establish an approach in penalizing and/or prosecuting police officers who engage in unethical acts when interacting with unarmed, non-violent and non-resisting individuals., The letters last demand is an update to the Rowan County Sheriffs Office mission statement to include inclusive language of professional law enforcement services being provided to visitors., 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. So this was very disruptive to her life in many ways.. 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. In addition to officers involved in the stop, the lawsuit names Rowan County Sheriff Kevin Auten and Pennsylvania National Mutual Casualty Insurance Company. Eventually, Bottom received medical attention at the scene and was taken to the hospital, the lawsuit says. Devin Barkalow M in 2019 was employed in City of Salisbury and had annual salary of $54,148 according to public records. Real social injustice exists and you are prolonging any chance of a solution by floating this crap. And theyre the ones we fear the most.. Bottom was not available for comment this week. Email her at natalie.anderson@salisburypost.com or call her at 704-797-4246. Sgt. 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. Before Bottom, 68, could get an answer as to why the officers had their guns pointed at her head, police grabbed the librarian by her arm and hair and threw her from her car to the ground, body-camera footage shows. Despite that, authorities felt justified in threatening deadly force and physically assaulting the woman because she didnt pull over in a timely manner. 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 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. She was cruising northbound on Interstate 85 in her Toyota Sequoia. 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. 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. . On 02/15/2022 STEPHANIE IVETTE CARRASQUILLO filed a Family - Other Family lawsuit against KYLE DEVIN BARKALOW. One of the officers was dismissed, and the Virginia attorney general launched a civil rights probe. 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. 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. "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. Mance said that was one of the reasons Emancipate North Carolina opted to take on Bottoms case. 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. Law enforcement officers and sheriffs deputies are held to a certain standard and they should live up to that standard.. 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. Background Search . 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. 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. It caused her a very significant injury that required surgery, that required her to spend time in the hospital. CHRISTIAN FERLAN Hall Booth Smith, P.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, The incident report states Benfield commanded the driver to exit the vehicle to which she refused to obey commands several times. Body camera footage. 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. 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. Following the public comments, Mayor Pro Tem Al Heggins asked the city council to find a way to address the concerns and deliver transparency. 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. Bodycam footage showed Deputy Benfield hop out with his gun drawn as he and the other officers swarmed her car. The following alternative links are available: Note: this is a bot providing a directory service. 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. 25.2k members in the USNEWS community. Black said he would like to see an updated mission statement that features language pertaining to people like Bottom, who may only be visiting Rowan County or simply passing through. He was born in Bavaria and . Time and time again I see this where people get mad at someone for not shooting them in the leg or some bullshit, its because they have a split second to decide what theyre gonna do, how theyre gonna do it, and do it. SCOTT D. MACLATCHIE Hall Booth Smith, P.C. An internal investigation is pending. Attorneys for Bottom released video to the Charlotte Observer. 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 Bottom appeared in court, she pleaded guilty to the failure to heed blue lights charge. Ian Mance is the attorney handling the case for the public policy program, which is dedicated to criminal justice reform and eradicating structural racism. According to the complaint, Bottom was unarmed and posed no threat. Police say he got out of the car, ran, and was caught. The lawsuit seeks monetary damages for the alleged use of excessive force and unlawful search of the plaintiff's purse and vehicle. There was no indication that local law enforcement agencies were going to take any action against these officers, Mance explained in an interview with Atlanta Black Star. 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. After a short vehicle chase, police say they shot Sifford'stires until he crashed in front of a home on E. Lafayette Street. 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. 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. Devin Michael Barkalow is listed at 3579 Farm Lake Dr Sw Concord, Nc 28027 and is affiliated with the Republican Party. 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 . The company's filing status is listed as Organized and its File Number is B101474. She also said she was playing loud music in her car and didnt realize police were trying to stop her. The clinic has partnered with Emancipate North Carolina, a civil rights nonprofit based in Durham. Bottom had surgery to repair the tear but the injury prevents her from raising her left arm above her head. Im totally ok with throwing the book at her for having fled the cops for 10 miles, and Im even ok with having had guns drawn on her cause you never know with this shit, but that really does seem like excessive force to me when they got her out of the car. She was "terrified," according to the lawsuit, as officers shouted at her to exit the vehicle. The information viewed in the video from 2019 released by local media is not what we expect or will accept from our local law enforcement, she said. Bottom appeared befuddled at the officers aggressive response. State Representative - MICHAEL DEvIN Capitol Address: Home Address: House of Representatives 1 Hillcrest Rd. The two other charges were dismissed. Bouk yelled that theyd been following her trying to get her to stop for over 10 miles. 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. 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. Bouk and Benfield explained to Bottom that she refused to stop when they attempted to pull her over for speeding. Acting quickly, they reached forcombat arm tourniquets. The suit alleges that in his official capacity he "approved and condoned the unlawful behavior.". Those we have entrusted to keep us safe. Four law enforcement officers are named in the federal lawsuit filed in US District Court for the Middle District of North Carolina. Devin Barkalow M. Police Officer City Of Salisbury. 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. According to The Associated Press, it was about an hour before EMS arrived. 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. 2151 KEOKUK ST #14. 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? 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. According to the lawsuit, Bottom did not believe she was driving fast and did not think the police were trying to stop her. 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. 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. How many more Black and brown people are going to be hurt and killed by the hands of officers, Miller said. devin barkalow waiver sent on 4/28/2021, answer due 6/28/2021. Ben Stansell covers business, county government and more for the Salisbury Post. Defendant. This was this was a very traumatic thing for her to go through, Mance said. 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. 2/26/2023 3:37:00 AM. 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. Please, why are you doing this to me?, It was a simple traffic stop, thats all we had to do, Benfield told her. 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. 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 Benfield and Salisbury police officer Devin Barkalow have Bottom, then 66, face-down on the road and struggle to handcuff her. Then police yanked the 68-year-old Atlanta woman out of her drivers seat by her hair, according to a federal lawsuit. Former Salisbury Police officer Devin Barkalow is accused of pulling Bottom out of the vehicle by her hair. Lawsuit to be filed against police after Calif. man dies while being restrained by police. The case status is Disposed - Other Disposed. 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. While state law allows people pictured in body camera videos to receive a copy, the Rowan County Sheriffs Office and Salisbury Police Department are prevented from releasing the video without a court order. 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. 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. Authorities scoffed at her explanation, finding it hard to believe she didnt notice them for 10 miles. He is a white male registered to vote in Cabarrus County, North Carolina. source code | run your own mirror bot? Instead, the officers decided to issue a criminal summons for her to appear in court at a later date. Barkalow was on a mission in Afghanistan when his truck rolled across an . 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 lawsuit alleges the officers were not disciplined for their 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. "I was doing what we train to do. "With every twist of the tourniquet I could see the blood flow gradually stopping and then you actually watch it come down to just a slow trickle like a finger cut or something," Wilson added. 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. Shouldnt have been stupid. Bottom claimed she was driving 70 mph or 75 mph with her music turned up so loudly that she couldnt hear the sirens. BARKALOW LANDSCAPING LLC is a Wisconsin Domestic Limited-Liability Company filed on March 4, 2021. Bottom didnt think she was speeding and claims she didnt realize she was being pulled over. 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. 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. 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.. 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. During the interaction, Cuthbertson swung his helmet, striking Officer B. W. Jones in the face. PATRICK G. SPAUGH Womble Bond Dickinson (us) LLP contact info. Devin Barkalow M in 2015 was employed in City Of Salisbury and had a reported pay of $12,446 according to public records. 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. She also recommended watching the film Driving While Black.. Barkalow and another Salisbury officer, Bottom claims they . The other officers named in the suit are Adam . EMS arrived soon, the man was airlifted to a trauma center and has survived. 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.". Derek Chauvin trial juror details courtroom experience, deliberations: 'You're watching somebody die on a daily basis'. Sign up to receive The Atlanta Black Star Newsletter in your inbox. (holmes, curtis) She had to be hospitalized and undergo surgery for a torn rotator cuff. 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. I think we all kind of saw this case the same way, which is this was an egregious example of excessive force. The lawsuit seeks monetary damages for the alleged use of excessive force and unlawful search of the plaintiff's purse and vehicle. 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. Contribute to Atlanta Black Star today and help us share our narratives. Paramedics were eventually called to the scene. 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.. City of Salisbury Communications Director Linda McElroy said the police department completed a use of force report for Barkalow, but the document is part of his personnel record and cant be released. 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 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. This mission encompasses functions of courthouse security, civil process, operation of detention facility, investigations and community patrol., Blotter: Man accused of armed robbery apprehended after short chase, Blotter: Victims in shooting discharged from hospitals, Monday morning car shooting leaves two hospitalized. They dont care because its not their emergency. Email him at ben.stansell@salisburypost.com. The lawsuit names Benfield and Barkalow as the two officers who did this. Sgt. 68-year-old woman claims she was thrown to the ground by police for speeding 13,595 views Apr 23, 2021 A 68-year-old librarian is suing the City of Salisbury and the Rowan County Sheriff's. OFFICER DEVIN BARKALOW OFFICER ADAM BOUK CITY OF SALISBURY SHERIFF KEVIN AUTEN PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY Attorney/Law Firm Details Plaintiff Attorney CURTIS SCOTT HOLMES Attorney at BROCK PAYNE & MEECE, PA 3130 Hope Valley Rd. Four law enforcement officers are named in the federal lawsuit filed in US District Court for the Middle District of North Carolina. The force applied by the officers caused Bottom's "shoulder to 'pop,' tearing her rotator cuff and causing severe injury," according to the lawsuit. 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. 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. 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. 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. Bottom is suing the city of Salisbury, two of the citys police officers and a Rowan County sheriffs deputy who were involved in the May 30, 2019 incident. 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 officers pulled Bottom's arms behind her back while she shrieked in pain as sirens blared in the background, according to the footage. 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. 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