Prescription Drugs - Possess Prescription Drugs. We expect complete transparency from law enforcement., Walker said the absence of reprimand only perpetuates the abuse of power that leaves us without justice.. Carter denied racing to the officer, who observed no signs that the 310-pound defensive lineman had been drinking, according to . 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. 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. 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. She really looked confused and scared if anything. Please, why are you doing this to me?, It was a simple traffic stop, thats all we had to do, Benfield told her. 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. He joined the staff in August 2020 after graduating from the University of Alabama. If youre going to argue that they shouldnt have dont that, leave her gender, race, and age out of it for fucks sake. Derek Chauvin trial juror details courtroom experience, deliberations: 'You're watching somebody die on a daily basis'. One of the officers named in the lawsuit, former Salisbury Police Department officer Devin Barkalow, declined to talk about the complaint, referring a reporter to the department. Helping a Hero is a charity that builds specialized homes for injured service members. This should anger all of us.. Ms. Bottom wasnt even arrested.. Bouk and Benfield explained to Bottom that she refused to stop when they attempted to pull her over for speeding. Sgt. 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. 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. The suit alleges that in his official capacity he "approved and condoned the unlawful behavior.". 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". Bottoms attorneys also argue that officers were deliberately indifferent to the womans pain. 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 clinic has partnered with Emancipate North Carolina, a civil rights nonprofit based in Durham. He identified her on the radio as "an older Black female." A frustrated Barkalow called. Press J to jump to the feed. The lawsuit seeks monetary damages for the alleged use of excessive force and unlawful search of the plaintiff's purse and vehicle. Devin Barkalow M Overview. 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 . 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. 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. Adam Bouk of the Salisbury Police Department placed a handcuff on Bottom's left. Four law enforcement officers are named in the federal lawsuit filed in US District Court for the Middle District of North Carolina. Bottom asks for a jury trial, compensatory and punitive damages as well as court costs and attorneys fees. The lawsuit also alleges violations of constitutional amendments about unlawful searches and seizures, saying evidence found in the car would not support charges for speeding. The officers knew it was a life or death situation. Officers Barkalow and Adam Bouk and Deputy Mark Benfield then quickly approached with their guns drawn. Lawsuit to be filed against police after Calif. man dies while being restrained by police. "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. She was also charged with speeding and resisting arrest but those were dismissed. 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. The fourth officer named in the lawsuit is Rowan County Sheriff Kevin Auten. 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. We as a council have to say more than, be patient. We have to say more than let the process play out. In addition to officers involved in the stop, the lawsuit names Rowan County Sheriff Kevin Auten and Pennsylvania National Mutual Casualty Insurance Company. (holmes, curtis) Incident reports show the chase started around sunset on Thursday, May 30, 2019, when multiple agencies were running radar on Interstate 85. 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.". 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. 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. Susan Lee said the lack of accountability is very concerning and violates community trust, adding that its chilling to think the same officers have been entrusted with local residents safety. We 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. Officers Benfield, Barkalow, and Adam Bouk then forced her arms behind her back, tearing her rotator cuff. 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. Law enforcement officers and sheriffs deputies are held to a certain standard and they should live up to that standard.. 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? Bottom claims the officers refused to get her medical treatment even as she told them she was in pain, according to the lawsuit. DEPUTY MARK BENFIELD. This case was filed in Seminole County Courts, Not Classified By Court located in Seminole, Florida. Bottoms vehicle stopped on left shoulder after the tires deflated. 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. 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. After the search, officers told Bottom to stand, but she said she couldn't due to the pain in her shoulder, according to the suit. The car was stopped when they apprehended her. In situations like this, theyre so serious. 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. Our complaint alleges these officers had no reason to use any force, much less the level of force they employed. Mance said that was one of the reasons Emancipate North Carolina opted to take on Bottoms case. 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 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. CNN has reached out to Rowan County Sheriff's Department for comment but has not yet heard back. And theyre the ones we fear the most.. Neither the Salisbury Police Department nor the Rowan County Sheriffs Office immediately responded to requests for comment Thursday. Copyright 2017 WBTV. Former Salisbury Police officer Devin Barkalow is accused of pulling Bottom out of the vehicle by her hair. 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. This was this was a very traumatic thing for her to go through, Mance said. The officers then decided not to charge Bottom to avoid paying the cost of her hospital bills, her attorneys allege. The LawsuitBottoms lawsuit claims officers used excessive force when they approached her at gunpoint and when they dragged her out of her SUV. 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.. Some of the other officers congratulated each other for a job well done, the lawsuit alleges. 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. Officers used stop sticks and pulled Bottom over at gunpoint. Council member Tamara Sheffield said shes been in communication with Bailey about what next steps are needed to address a larger cultural issue regarding community policing. against her in a 2019 traffic stop, the Salisbury-Rowan NAACP is calling for accountability and transparency from local law enforcement agencies. How many more Black and brown people are going to be hurt and killed by the hands of officers, Miller said. 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. Were asking for simple things that should already be in place.. She was cruising northbound on Interstate 85 in her Toyota Sequoia. Lawsuit to be filed against police after Calif. man dies while being restrained by police. Two officers on administrative duty following pursuit of murder suspect, N.C. When Bottom appeared in court, she pleaded guilty to the failure to heed blue lights charge. The Salisbury Police Department and Rowan County Sheriffs Office could not be reached for comment by publication time. 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. 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. All rights reserved. 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. During the interaction, Cuthbertson swung his helmet, striking Officer B. W. Jones in the face. An officer pulled alongside Bottom's SUV at one point during the chase and looked inside her vehicle. 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. 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. According to the Observer, Barkalow said he no longer works for the Salisbury Police Department. Devin Barkalow is 36 years old and was born on 07/30/1985. What have I done wrong? Bottom cried out, growing increasingly incredulous. BARKALOW LANDSCAPING LLC is a Wisconsin Domestic Limited-Liability Company filed on March 4, 2021. 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. Were not asking for much, Black said. 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. 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. View Devin Barkalow M Full Profile . 2023001599. The second officer at the scene, Devin Brosnan, faces an aggravated assault charge for allegedly standing on Brooks' shoulders in the parking lot. The Judge overseeing this case is WAYNE CULVER. Mary Walker also denounced the incident depicted in body camera footage on behalf of Women for Community Justice. She alleges officers assaulted her and unlawfully searched her SUV during the chaotic ordeal. 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. Theyre so disturbing. The letter states, This week, we watched as a 2019 traffic stop video surfaced of officers from Rowan Countys Sheriffs Office and Salisbury Police Department using excessive force to arrest Stephanie Bottom, a 68-year-old Black librarian from Atlanta.. She also recommended watching the film Driving While Black.. COUNTY JAIL DOCKET (The following people were booked into the Volusia County Branch Jail on felony charges yet to be proven in court. "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. Ben Stansell covers business, county government and more for the Salisbury Post. Elderly Black woman says police used excessive force during traffic stop. Designed for military use, more and more police officers are carrying them. 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 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. The suit says she was going 10 mph over the speed limit 80 mph in a 70 mph zone. 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. 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. 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. Wed write you a ticket. But she added the data showing Black and brown individuals are disproportionately subject to police violence cannot be overlooked. Represented By. Bouk yelled that theyd been following her trying to get her to stop for over 10 miles. If you walk outside and point an airsoft gun at a cop you are virtually commuting suicide, because they dont have time to determine the lethality of the situation and your intentions. 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. Verified account Protected Tweets @; Suggested users 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. 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. The lawsuit seeks monetary damages for the alleged use of excessive force and unlawful search of the plaintiff's purse and vehicle. 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. 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.. 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. So this was very disruptive to her life in many ways.. 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. Bodycam footage showed Deputy Benfield hop out with his gun drawn as he and the other officers swarmed her car. An internal investigation is pending. 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 told them she was in pain, according to the Observer, Barkalow, and Adam then.: 'You 're watching somebody die on a daily basis ' mph.... Fast and did not believe she was going 10 mph over the speed limit 80 mph in a traffic. 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