According to the lawsuit, Bottom did not believe she was driving fast and did not think the police were trying to stop her. The two officers involved in the chase and shooting,Sgt. 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. "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. Police then allegedly tore Bottoms rotator cuff as they detained her, shrieking, facedown on the pavement of the interstate. Those we have entrusted to keep us safe. 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. He left the police force for a role in federal law enforcement over a year ago. Ian Mance is the attorney handling the case for the public policy program, which is dedicated to criminal justice reform and eradicating structural racism. Jackie Miller said Bottom posed no threat to police officers during the incident. 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. Devin Barkalow M in 2015 was employed in City Of Salisbury and had a reported pay of $12,446 according to public records. 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. 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 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. Defendant: DEPUTY MARK BENFIELD, OFFICER DEVIN BARKALOW, OFFICER ADAM BOUK and others Plaintiff: STEPHANIE BOTTOM Cause Of Action: 28 U.S.C. 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 refused, while the three other officers ignored her pleas. 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. 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. 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 lawsuit seeks monetary damages for the alleged use of excessive force and unlawful search of the plaintiff's purse and vehicle. I know she did not apparently have medical issues but they should have checked her over first before slamming her to the ground. This should anger all of us.. 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. 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. Bailey reminded the public that the Salisbury Police Departments use of force policies are available on the citys website. The suit alleges that in his official capacity he "approved and condoned the unlawful behavior.". In the lawsuit, Bottom says law enforcement officers used excessive force, drew their. 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. Barkalow remembers how female cadets were hazed and harassed back then. Press J to jump to the feed. So when things go wrong with the police, that is very often in the context of traffic stops.. Ms. Bottom wasnt even arrested.. 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. 'White privilege and entitlement:' NC city official fired after refusing to address woman by doctoral title. Thats when she pulled over to the highways median. An internal investigation is pending. This case was filed in Seminole County Courts, Not Classified By Court located in Seminole, Florida. "We examined his legs and realized that both femoral arteries had been lacerated from the gunshot wounds. 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. "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.". Why? Mike Colvin and Detective Devin Barkalow, are now on administrative duty. City attorney Graham Corriher said he will continue working with the citys communications department and City Manager Lane Bailey to deliver information about the incident that can be publicly disclosed. Barkalow and another Salisbury officer, Bottom claims they . . Officers Benfield, Barkalow, and Adam Bouk then forced her arms behind her back, tearing her rotator cuff. 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. 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.. 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 had to be hospitalized and undergo surgery for a torn rotator cuff. CHRISTIAN FERLAN Hall Booth Smith, P.C. Nonfatal encounters have also been thrust back into the national spotlight following a lawsuit brought this month by Lt. Caron Nazario. 'White privilege and entitlement:' NC city official fired after refusing to address woman by doctoral title. He is a white male registered to vote in Cabarrus County, North Carolina. COUNTY JAIL DOCKET (The following people were booked into the Volusia County Branch Jail on felony charges yet to be proven in court. She was "terrified," according to the lawsuit, as officers shouted at her to exit the vehicle. 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 . The two other charges were dismissed. Bottom noticed the deputys blue lights but didnt think she was speeding so she didnt stop. It was very frightening. 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. I work as a paramedic and people have literally brake checked us while going emergent. She said she didnt realize the contingent of officers were after her. 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. 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. Video shows officers pulling Bottoms arms behind her back. Police say Sifford is facing multiple drug charges and was also charged with fleeing to elude arrest in a motor vehicle. The Rowan County Sheriffs Office report does not address actions by Salisbury Police officer Barkalow. 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. 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.. Bottom asks for a jury trial, compensatory and punitive damages as well as court costs and attorneys fees. 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. Law enforcement officers and sheriffs deputies are held to a certain standard and they should live up to that standard.. CNN has reached out to Rowan County Sheriff's Department for comment but has not yet heard back. Bottom, now 68 years old, is a Black librarian. She alleges officers assaulted her and unlawfully searched her SUV during the chaotic ordeal. Eventually, Bottom received medical attention at the scene and was taken to the hospital, the lawsuit says. 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. 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. 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. Shouldnt have been stupid. According to the complaint, Bottom was unarmed and posed no threat. Her attorneys argue the officers didnt give the elderly woman enough time to exit her vehicle and acted recklessly by forcibly removing her. Read the full court filing by clicking here. 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. An officer pulled alongside Bottom's SUV at one point during the chase and looked inside her vehicle. Neither the Salisbury Police Department nor the Rowan County Sheriffs Office immediately responded to requests for comment Thursday. 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. 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. 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. 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 . 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. 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. She joined the staff in January 2020 after graduating from Louisiana State University, where she was editor of The Reveille newspaper. 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? Look at the tires in the beginning. Bottom would later be charged with speeding, failure to heed to blue lights and resisting, delaying and obstructing an officer. Texas State Historical Association December 18, 2019. It was late August, Officer Wilson and Detective Devin Barkalow rushed to the 700 block of Second Street where they saw a man leaning up against the front door of a duplex. Former Salisbury Police officer Devin Barkalow is accused of pulling Bottom out of the vehicle by her hair. And the departments did not seem inclined to take action to hold these officers accountable. They ignored her cries for medical attention and failed to render immediate treatment for her injuries. Jacob Linn (1825-1878) was a gunsmith, business owner, Bexar County commissioner, landowner, and rancher. 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. 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. Press question mark to learn the rest of the keyboard shortcuts. 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.". Please, why are you doing this to me?, It was a simple traffic stop, thats all we had to do, Benfield told her. 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. Devin Michael Barkalow is listed at 3579 Farm Lake Dr Sw Concord, Nc 28027 and is affiliated with the Republican Party. Eventually, Bottom received medical attention at the scene and was taken to the hospital, the lawsuit says. Former Salisbury Police officer Devin Barkalow is accused of pulling Bottom out of the vehicle by her hair. Thats not the case in a lot of states. Officers Barkalow and Adam Bouk and Deputy Mark Benfield then quickly approached with their 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 statements recorded by his body . Wed write you a ticket. Devin Barkalow is 36 years old and was born on 07/30/1985. He said he was particularly struck by officers brutal treatment of an elderly woman who was unarmed and showed no signs of being violent. 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. Smith pulled ahead of Bottom at one point and laid down a spike strip to flatten her SUVs tires. This pay is 70 percent lower than average and 68 percent lower than median salary in City Of Salisbury. 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 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. 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 Salisbury Police Department says the State Bureau of Investigation has declined to review the incident. Alexander agreed with discussing use of force policies, but reminded the public that the incident happened two years ago and city council members are unsure at this time if something had been done to address the issue already. 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. Body camera footage shows Benfield pulling Bottom out of the vehicle by her arm. During the interaction, Cuthbertson swung his helmet, striking Officer B. W. Jones in the face. The man had been shot twice. 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. 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. 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 sheriffs office report from 2019 says the incident occurred at 8:16 p.m. on May 30 near mile marker 74 on Interstate 85. She was also charged with speeding and resisting arrest but those were dismissed. 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 two officers involved in the chase and shooting, Sgt. Contribute to Atlanta Black Star today and help us share our narratives. The suit alleges that in his official capacity he "approved and condoned the unlawful behavior.". When she asked for medical assistance, she estimated that an hour elapsed before officers called for help, the lawsuit said. Shes asking for damages and an injunction against the policies and practices in which the officers engaged while taking her into custody. Devin Barkalow currently lives in Concord, NC; in the past Devin has also lived in Chesterland OH and Salisbury NC. 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. 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. When police tried to stop his car on Bringle Ferry Road, he drove away through residential property. SALISBURY Following a federal lawsuit filed by a Georgia woman who claims Salisbury and Rowan County officers used excessive force against her in a 2019 traffic stop, the Salisbury-Rowan NAACP is calling for accountability and transparency from local law enforcement agencies. Librarian Sues Over How She Was Treated During Traffic Stop 847,182 views Apr 29, 2021 Body cam video of a 68-year-old Georgia librarian's encounter with police who handcuffed her on the side of. We dont have any information that they were sanctioned in any way, said Scott Holmes, an attorney representing Bottom and a professor at North Carolina Central Universitys School of Law Civil Litigation Clinic. "I was doing what we train to do. Body camera footage shows Benfield pulling Bottom out of the vehicle by her arm. Following the public comments, Mayor Pro Tem Al Heggins asked the city council to find a way to address the concerns and deliver transparency. The lawsuit names Benfield and Barkalow as the two officers who did this. Authorities scoffed at her explanation, finding it hard to believe she didnt notice them for 10 miles. Two Salisbury Police officers honored for life-saving actions, N.C. Like, theres got to be a better way to handle this. 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. 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. 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. The second officer at the scene, Devin Brosnan, faces an aggravated assault charge for allegedly standing on Brooks' shoulders in the parking lot. And they did their jobs while bullets were flying around them and a gunman was on the loose. 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. HUNTSVILLE, Ala. (WAFF) - Many people describe Scott Barkalow as someone who is willing to give anything to anyone, well now this US retired vet is on the receiving end of all the gifts. 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.. The Black Army officer accused police officers in Windsor, Va., of holding him at gunpoint and pepper-spraying and assaulting him during a traffic stop in December. 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. Efforts to reach the officers and Rowan County Sheriff Kevin Auten were unsuccessful. "It means a lot, but at the same time it's not really necessary, I was just doing my job," Wilson said. 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. His femoral arteries in both legs had been severed by the gunshots. 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. Barkalow was on a mission in Afghanistan when his truck rolled across an . The lawsuit comes as questions surrounding excessive and deadly force by police against Black people remain front and center this week after Derek Chauvin was convicted of murdering George Floyd in Minneapolis and 16-year-old MaKhia Bryant was fatally shot during an altercation in Columbus, Ohio. But they approached her vehicle with guns drawn and later violated her rights by using excessive force, the lawsuit said. 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. 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. ROWAN COUNTY, NC (WBTV) - Salisbury police officers chased and shot the tires of a murder suspect's car during apursuit Friday, according to 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. The following alternative links are available: Note: this is a bot providing a directory service. The report states Naves reviewed body camera footage. 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. Bottom was not available for comment this week. The first cop seems to understand that this is an older lady and doesn't seem to present an immediate threat. It was my understanding that they are taught to be observant of people. He took a job with federal law enforcement in February 2020,. Spiked her car to stop it. Email him at ben.stansell@salisburypost.com. Bottoms lawsuit indicates Barkalow also aimed his weapon at her. 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