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 Salisbury Police Department and Rowan County Sheriffs Office could not be reached for comment by publication time. A subreddit dedicated to people freaking out, melting down, losing their cool, or being weird in public. 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. 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. Following the public comments, Mayor Pro Tem Al Heggins asked the city council to find a way to address the concerns and deliver transparency. Represented By. There are no facts likely to emerge that warrant a 68 year old to be manhandled like that, fucking none. The second cop just comes rushing in and let's adrenaline take over. Atlanta Black Star is a narrative company. 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 Overview. 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. Police then allegedly tore Bottoms rotator cuff as they detained her, shrieking, facedown on the pavement of the interstate. Ben Stansell covers business, county government and more for the Salisbury Post. 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. Contribute to Atlanta Black Star today and help us share our narratives. They invoke such fear and distrust that we as a council have to think of a way in which we can respond, Heggins 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. It was very frightening. And thank God they had to wear body cams or we still wouldnt know what happened., Rev. In addition to officers involved in the stop, the lawsuit names Rowan County Sheriff Kevin Auten and Pennsylvania National Mutual Casualty Insurance Company. Derek Chauvin trial juror details courtroom experience, deliberations: 'You're watching somebody die on a daily basis'. Carter denied racing to the officer, who observed no signs that the 310-pound defensive lineman had been drinking, according to . Barkalow remembers how female cadets were hazed and harassed back then. Devin Barkalow M in 2015 was employed in City Of Salisbury and had a reported pay of $12,446 according to public records. Published 12:10 am Wednesday, May 5, 2021, By Natalie Anderson [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. Designed for military use, more and more police officers are carrying them. Former Salisbury Police officer Devin Barkalow is accused of pulling Bottom out of the vehicle by her hair. 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. Elderly Black woman says police used excessive force during traffic stop. Contact reporter Natalie Anderson at 704-797-4246. And theyre the ones we fear the most.. 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. Jackie Miller said Bottom posed no threat to police officers during the incident. 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. 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. Yeah she ran for 10 miles. Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Blotter: Man accused of armed robbery apprehended after short chase, Blotter: Victims in shooting discharged from hospitals, Monday morning car shooting leaves two hospitalized. What have I done wrong? Bottom cried out, growing increasingly incredulous. 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. (holmes, curtis) Bottom claims the officers refused to get her medical treatment even as she told them she was in pain, according to the lawsuit. Theres nothing that can justify how she was pulled out of the car, but what led up to that?. contact info. According to the lawsuit, Bottom did not believe she was driving fast and did not think the police were trying to stop her. Published 10:05 am Thursday, April 22, 2021. According to the Observer, Barkalow said he no longer works for the Salisbury Police Department. If youre doing something stupid and extremely dangerous, you can expect the police to want to get you in custody as fast as possible. 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. Texas State Historical Association December 18, 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. 'White privilege and entitlement:' NC city official fired after refusing to address woman by doctoral title. 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. 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. 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. Create an account to follow your favorite communities and start taking part in conversations. 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. Durham, NC 27707 Defendant Attorney NED A. STILES Attorney at STILES BYRUM & HORNE, LLP If you have trouble with any of the links above, please contact the user who provided them. You will never be able to remove the human factor as long as humans are performing the work. 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. CHRISTIAN FERLAN Hall Booth Smith, P.C. 25.2k members in the USNEWS community. "There is some good news with this, even though what they did was horrible," Barkalow . 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. contact info. Salisbury police. Sgt. 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. Thats consistent with the incident report from the Rowan County Sheriffs Office, which states that Rowan County Master Deputy Mark Benfield tried to stop Bottom around Julian Road. natalie.anderson@salisburypost.com. 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. "We examined his legs and realized that both femoral arteries had been lacerated from the gunshot wounds. 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. Mike Colvin and Detective Devin Barkalow, are now on administrative duty. Ms. Bottom wasnt even arrested.. 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. We need law enforcement to serve and protect. Barkalow bragged about grabbing a handful of dreads, and said at that point she earned it.. Derek Chauvin trial juror details courtroom experience, deliberations: 'You're watching somebody die on a daily basis'. 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. 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.". 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. 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. In the lawsuit, Bottom says law enforcement officers used excessive force, drew their. Like, theres got to be a better way to handle this. One of the officers in the lawsuit, Devin Barkalow, declined to talk about the complaint. He is expected to have his first court appearance Monday. 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. It was my understanding that they are taught to be observant of people. 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. Bodycam footage showed Deputy Benfield hop out with his gun drawn as he and the other officers swarmed her car. 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. 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. 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. 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. 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. 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. Copyright 2017 WBTV. 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. 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. He was born in Bavaria and . The force applied by the officers caused Bottom's "shoulder to 'pop,' tearing her rotator cuff and causing severe injury," according to the lawsuit. Help us to change these archaic laws.. The lawsuit names Benfield and Barkalow as the two officers who did this. 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. 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. Efforts to reach the officers and Rowan County Sheriff Kevin Auten were unsuccessful. The officers then decided not to charge Bottom to avoid paying the cost of her hospital bills, her attorneys allege. 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. Attorneys for Bottom released video to the Charlotte Observer. The two other charges were dismissed. 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. Saturday night. CNN has reached out to Rowan County Sheriff's Department for comment but has not yet heard back. She says she had her music turned up loudly and was listening to tunes as she made the journey. When police vehicles pulled behind her, Bottom continued driving for another 10 miles, oblivious, she says, to the fact that they were trying to stop her for speeding. In this conversation. 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. Former Salisbury Police officer Devin Barkalow is accused of pulling Bottom out of the vehicle by her hair. Devin Michael Barkalow is listed at 3579 Farm Lake Dr Sw Concord, Nc 28027 and is affiliated with the Republican Party. Her attorneys said she had to foot the bill for medical treatments, repairs to her SUV and was left to grapple with the emotional fallout of her encounter. She praised Salisbury Police for having officers who often go above and beyond their duty to protect and serve as well as for the departments participation in racial equity training and tracking use of force incidents. Former Salisbury Police officer Devin Barkalow is accused of pulling Bottom out of the vehicle by her hair. Bottom, now 68 years old, is a Black librarian. 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. Bottoms lawsuit was filed April 21 in the U.S. District Court for the Middle District of North Carolina. You turned it into this.. Ms. Bottom had surgery to repair the tear but the injury prevents her from raising her left arm above her head. Mance said that was one of the reasons Emancipate North Carolina opted to take on Bottoms case. 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. 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. I work as a paramedic and people have literally brake checked us while going emergent. 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. She joined the staff in January 2020 after graduating from Louisiana State University, where she was editor of The Reveille newspaper. During the interaction, Cuthbertson swung his helmet, striking Officer B. W. Jones in the face. 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. The force applied by the officers caused Bottom's "shoulder to 'pop,' tearing her rotator cuff and causing severe injury," according to the lawsuit. She thought the police were attempting to stop another motorist on the interstate, and claims her music drowned out the sirens. Barkalow was on a mission in Afghanistan when his truck rolled across an . Lawsuit to be filed against police after Calif. man dies while being restrained by police. She was accused of refusing to get out of her vehicle and pulling away from the officer. The lawsuit denied those allegations. Video shows officers pulling Bottoms arms behind her back. 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. 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. 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