'White privilege and entitlement:' NC city official fired after refusing to address woman by doctoral title. 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.". According to the lawsuit, Bottom did not believe she was driving fast and did not think the police were trying to stop her. 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. I'm a diabetic and having high or low sugar around police is a scary thought. An incident report states Benfield asked Bottom where her drivers license was located and that she told him it was in her purse on the passenger sides floorboard. 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. 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. 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, 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. 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. "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. 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. An officer pulled alongside Bottoms SUV at one point during the chase and looked inside her vehicle. Lawsuit to be filed against police after Calif. man dies while being restrained by police. 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. 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. Some of those images can be seen immediately below: This pay is 70 percent lower than average and 68 percent lower than median salary in City Of Salisbury. 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.. Read the full court filing by clicking here. Ian Mance is the attorney handling the case for the public policy program, which is dedicated to criminal justice reform and eradicating structural racism. Black said he was frustrated with the fact that the incident and the impending lawsuit were only brought to light recently. "There is some good news with this, even though what they did was horrible," Barkalow . 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. Bottom claims the officers refused to get her medical treatment even as she told them she was in pain, according to the lawsuit. An sexagenarian Black librarian claims she was assaulted and beaten by police officers and deputies during a traffic stop on a North Carolina highway in May 2019. Press question mark to learn the rest of the keyboard shortcuts. Published 12:10 am Wednesday, May 5, 2021, By Natalie Anderson 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. 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. 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. 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. Benfield, Bouk and Barkalow pinned her to the ground with their arms and knees on Bottoms back, the lawsuit alleges. 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.". 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. Thats good police work, baby, he said, according to body-cam footage. The officers pulled Bottom's arms behind her back while she shrieked in pain as sirens blared in the background, according to the footage. The officers then decided not to charge Bottom to avoid paying the cost of her hospital bills, her attorneys allege. 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. Bottom said she was listening to music loudly in her car and did not realize she was being pulled over, according to the lawsuit. Bottom pleaded guilty to failing to heed blue lights. "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. CNN has reached out to Rowan County Sheriff's Department for comment but has not yet heard back. 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. He was uninjured in the incident. Derek Barkalow Found. COUNTY JAIL DOCKET (The following people were booked into the Volusia County Branch Jail on felony charges yet to be proven in court. The force applied by the officers caused Bottom's "shoulder to 'pop,' tearing her rotator cuff and causing severe injury," according to the lawsuit. devin barkalow waiver sent on 4/28/2021, answer due 6/28/2021. 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. Published 10:05 am Thursday, April 22, 2021. She told officers she had a torn ligament in her shoulder from a previous car accident and begged them to uncuff her arms from behind her back. CNN has reached out to Rowan County Sheriff's Department for comment but has not yet heard back. Email her at natalie.anderson@salisburypost.com or call her at 704-797-4246. 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. Eventually, Bottom received medical attention at the scene and was taken to the hospital, the lawsuit says. Ms. Bottom said all of the arresting officers were white. Shouldnt have been stupid. Cutting over lanes to cut us off. Bottom claims the officers refused to get her medical treatment even as she told them she was in pain, according to the lawsuit. State Representative - MICHAEL DEvIN Capitol Address: Home Address: House of Representatives 1 Hillcrest Rd. 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. Officers Benfield, Barkalow, and Adam Bouk then forced her arms behind her back, tearing her rotator cuff. The man had been shot twice. Like, theres got to be a better way to handle this. This was this was a very traumatic thing for her to go through, Mance said. Filter by State in . Court: Fourth Circuit North Carolina US District . Former Salisbury Police officer Devin Barkalow is accused of pulling Bottom out of the vehicle by her hair. She said she didnt realize the contingent of officers were after her. 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. Derek Chauvin trial juror details courtroom experience, deliberations: 'You're watching somebody die on a daily basis'. So this was very disruptive to her life in many ways.. 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. 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. 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. CNN has reached out to Rowan County Sheriff's Department for comment but has not yet heard back. 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. Didnt want to get shot? All rights reserved. Everyone take a close look at the video. Sgt. She had to miss a significant amount of work. The lawsuit seeks monetary damages for the alleged use of excessive force and unlawful search of the plaintiff's purse and vehicle. The lawsuit names Benfield and Barkalow as the two officers who did this. 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 lawsuit seeks monetary damages for the alleged use of excessive force and unlawful search of the plaintiff's purse and vehicle. Child Endangerment/abuse-non Serious Inj; Domestic Abuse Assault Impeding Flow Of Air/Blood; Domestic Abuse Assault-Injury Or Mental Illness-1st. 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 . A subreddit dedicated to people freaking out, melting down, losing their cool, or being weird in public. 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. If theyre not going to hold these officers accountable in a situation like this, when will they hold officers accountable?. The other officers swooped in and handcuffed Bottom, who yelled and writhed in pain as they yanked her arms her back to shackle her. He was born in Bavaria and . Bottom would later be charged with speeding, failure to heed to blue lights and resisting, delaying and obstructing an officer. 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. She was accused of refusing to get out of her vehicle and pulling away from the officer. The lawsuit denied those allegations. Benfield opened the drivers side door and commanded the driver to exit the vehicle to which she refused to obey commands several times, an incident report states. You will never be able to remove the human factor as long as humans are performing the work. She had to be hospitalized and undergo surgery for a torn rotator cuff. 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. She joined the staff in January 2020 after graduating from Louisiana State University, where she was editor of The Reveille newspaper. 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. 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. 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. 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. She then proceeded to take them on a 10 mile chase. Body camera footage showed Rowan County Sheriff's Deputy Mark Benfield and Salisbury Police Officer Devin Barkalow approaching Bottom's vehicle with guns drawn, then pulling her by the arm and hair from her vehicle to the ground. Two Salisbury Police officers honored for life-saving actions, N.C. I know that they leave their homes every shift not knowing if they will make it back safely., She continued, But this evening, I am an angry Black woman. Verified account Protected Tweets @; Suggested users The Rowan County Sheriffs Office report does not address actions by Salisbury Police officer Barkalow. Her lawyers claim the officers reckless actions aggravated an old injury and caused Bottoms shoulder to pop as the officers handcuffed her. "We were the first two officers there, we found the subject sitting in front of this house," Wilson said. Black said he has not yet received any communication back about the letter, but mentioned that it was only sent out on Saturday. Devin Barkalow M in 2015 was employed in City Of Salisbury and had a reported pay of $12,446 according to public records. Bottom was not available for comment this week. 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. She alleges officers assaulted her and unlawfully searched her SUV during the chaotic ordeal. Bottom claims the officers refused to get her medical treatment even as she told them she was in pain, according to the lawsuit. Many more people die in car accidents than because of guns and whatnot. 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. Adam Bouk of the Salisbury Police Department placed a handcuff on Bottom's left. 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. National and local news articles, relating to the United States. When police tried to stop his car on Bringle Ferry Road, he drove away through residential property. "With each pump of his heart you could just see it coming out," Wilson added. SALISBURY Local residents expressed anger and called for transparency from city leaders and local law enforcement officers Tuesday regarding a 2019 traffic incident thats the center of a federal lawsuit alleging excessive force. 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. Thats when she pulled over to the highways median. The first of five demands listed in the Salisbury-Rowan NAACPs letter to local law enforcement is for the agencies to release the officers body camera video and the dash camera video in the traffic stop incident. They invoke such fear and distrust that we as a council have to think of a way in which we can respond, Heggins said. The clinic has partnered with Emancipate North Carolina, a civil rights nonprofit based in Durham. 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. 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. 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. Barkalow said he no longer works for the police department but declined to say where he's working now. 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 suit also maintains that officers had no probable cause and never asked for Bottoms consent to search her SUV or her purse, which was in the vehicle. 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. The officers pulled Bottom's arms behind her back while she shrieked in pain as sirens blared in the background, according to the footage. 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. 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 . Our complaint alleges these officers had no reason to use any force, much less the level of force they employed. This mission encompasses functions of courthouse security, civil process, operation of detention facility, investigations and community patrol.. Pretty soon, four male officers were involved in the chase. We released a statement because theres a lot of concern on how these officers and the Sheriffs department handled the situation, when they couldve handed it much more professionally than that, said Black, who was in Elizabeth City on Saturday taking part in state NAACP activity regarding the police shooting of Andrew Brown Jr. 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. Other sheriff's. Why? Look at the tires in the beginning. 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. Please, why are you doing this to me?, It was a simple traffic stop, thats all we had to do, Benfield told her. Two officers on administrative duty following pursuit of murder suspect, N.C. 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. source code | run your own mirror bot? Bouk told her a cruiser pulled right beside her vehicle at one point during the pursuit and said she endangered a whole lot of people. Authorities indicated they also had their lights and sirens flashing as well. The case status is Disposed - Other Disposed. The lawsuit names Benfield and Barkalow as the two officers who did this. The two officers involved in the chase and shooting, Sgt. All rights reserved. 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 . 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. 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. 'White privilege and entitlement:' NC city official fired after refusing to address woman by doctoral title. 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. Its not clear in incident reports why deputies otherwise searched her vehicle. Derek Chauvin trial juror details courtroom experience, deliberations: 'You're watching somebody die on a daily basis'. Law enforcement officers and sheriffs deputies are held to a certain standard and they should live up to that standard.. Lawsuit to be filed against police after Calif. man dies while being restrained by police. The name Derek Barkalow has over 5 birth records, 0 death records, 3 criminal/court records, 13 address records, 5 phone records & more. Officer Devin Barkalow then bragged about grabbing a "handful of dreads," and said "at that point she earned it," the lawsuit says, quoting the bodycam audio. 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. (holmes, curtis) Represented By. 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. Derek Barkalow. Despite that, authorities felt justified in threatening deadly force and physically assaulting the woman because she didnt pull over in a timely manner. 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.". During the interaction, Cuthbertson swung his helmet, striking Officer B. W. Jones in the face. The suit alleges that in his official capacity he "approved and condoned the unlawful behavior.". 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 camera that Bottom was a "f**king retard" and a "douche bag," according to the body camera footage. According to the Post, the officers named in the suit have been identified as Devin Barkalow, Adam Bouk and Rowan County Sheriff's deputy Mark Benfield. View Devin B. 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. It was very frightening. OMONOMBE, YVINCE WA YEMA. "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.". The lawsuit alleges the officers were not disciplined for their actions. He is a white male registered to vote in Cabarrus County, North Carolina. 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 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. 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. Wed write you a ticket. 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. Officers Barkalow and Adam Bouk and Deputy Mark Benfield then quickly approached with their guns drawn. 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. 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. against her in a 2019 traffic stop, the Salisbury-Rowan NAACP is calling for accountability and transparency from local law enforcement agencies. 2/26/2023 3:37:00 AM. The lawsuit names Benfield and Barkalow as the two officers who did this. Assault Impeding Flow of Air/Blood ; Domestic Abuse Assault-Injury or Mental Illness-1st condoned... Local news articles, relating to the ground with their arms and knees on Bottoms back, tearing her cuff... Local law enforcement agencies ; Barkalow 're watching somebody die on a daily basis.! An old injury and caused Bottoms shoulder to pop as the two involved. 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