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. snip. Youre going to jail now, the policeman responded. 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. Shouldnt have been stupid. After a short vehicle chase, police say they shot Sifford'stires until he crashed in front of a home on E. Lafayette Street. 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. Barkalow and another Salisbury officer, Bottom claims they . Bouk yelled that theyd been following her trying to get her to stop for over 10 miles. Ummm dont think there are usually like a dozen police cars for a traffic stop obviously something else is going on here. "Why are you doing this. He left the police force for a role in federal law enforcement over a year ago. 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.. Bottom didnt think she was speeding and claims she didnt realize she was being pulled over. A March report from the review panel, which is part of the Governors Crime Commission, showed that Black drivers are also searched nearly twice the rate as white and Hispanics in North Carolina, and more than three times the rate of other races. Shouldnt have been stupid. I know she did not apparently have medical issues but they should have checked her over first before slamming her to the ground. We need law enforcement to serve and protect. Relatives & Associates. The Registered Agent on file for this company is Devin Michael Barkalow and is located at W8944 Archer Rd, Wild Rose, WI 54984. This is a military officer and this is a woman, the two pictures are saying. Officers then handcuffed Garcia, who police said "exhibited signs of being under the influence." Black said he isnt hopeful that the demand will be fulfilled. What have I done wrong? 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. She was "terrified," according to the lawsuit, as officers shouted at her to exit the vehicle. Many more people die in car accidents than because of guns and whatnot. She was accused of refusing to get out of her vehicle and pulling away from the officer. The lawsuit denied those allegations. Sign up to receive The Atlanta Black Star Newsletter in your inbox. Cutting over lanes to cut us off. I dont understand how they do it in Georgia, but thats not how its done here.. The allegations were first reported by the Charlotte Observer. She had to be hospitalized and undergo surgery for a torn rotator cuff. The lawsuit seeks monetary damages for the alleged use of excessive force and unlawful search of the plaintiff's purse and vehicle. Police say Sifford is facing multiple drug charges and was also charged with fleeing to elude arrest in a motor vehicle. 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 . 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. 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. Her attorneys argue the officers didnt give the elderly woman enough time to exit her vehicle and acted recklessly by forcibly removing 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 . 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. The lawsuit seeks monetary damages for the alleged use of excessive force and unlawful search of the plaintiff's purse and vehicle. Yeah she ran for 10 miles. 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. 2023001599. Jagger Naves of the Rowan County Sheriffs Office cleared use of force used by deputies during the traffic stop. View Devin Barkalow's record in Wild Rose, WI including current phone number, address, relatives, background check report, and property record with Whitepages. Like, theres got to be a better way to handle this. Cars are extremely dangerous in the wrong hands, and just in general. Police say he got out of the car, ran, and was caught. 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. We expect complete transparency from law enforcement., Walker said the absence of reprimand only perpetuates the abuse of power that leaves us without justice.. The first cop seems to understand that this is an older lady and doesn't seem to present an immediate threat. 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. The second officer at the scene, Devin Brosnan, faces an aggravated assault charge for allegedly standing on Brooks' shoulders in the parking lot. Jerry Barkai - Devin Barkalow. Bottom claims the officers refused to get her medical treatment even as she told them she was in pain, according to the lawsuit. "It means a lot, but at the same time it's not really necessary, I was just doing my job," Wilson said. I'm a diabetic and having high or low sugar around police is a scary thought. Atlanta Black Star is a narrative company. In the lawsuit, Bottom says law enforcement officers used excessive force, drew their. 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. This should anger all of us.. The lawsuit names Benfield and Barkalow as the two officers who did this. 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. Bottoms vehicle stopped on left shoulder after the tires deflated. 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. 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. ', Heggins suggested a public work session with the city manager, city attorney and police chief to discuss use of force policies and what role each person is expected to carry out. Derek Chauvin trial juror details courtroom experience, deliberations: 'You're watching somebody die on a daily basis'. Our complaint alleges these officers had no reason to use any force, much less the level of force they employed. Why? Black said he was frustrated with the fact that the incident and the impending lawsuit were only brought to light recently. 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. The lawsuit, which requests a jury trial, alleges two officers grabbed Bottom by her arm and her hair, later throwing her out of the vehicle and on to the ground. The lawsuit names Benfield and Barkalow as the two officers who did this. 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. Press question mark to learn the rest of the keyboard shortcuts. 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. Instead, the officers decided to issue a criminal summons for her to appear in court at a later date. Bodycam footage showed Deputy Benfield hop out with his gun drawn as he and the other officers swarmed her car. 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.. The other officers did not respond to requests for comment. Nonfatal encounters have also been thrust back into the national spotlight following a lawsuit brought this month by Lt. Caron Nazario. 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. Stop Sticks, a tire deflation device, were deployed and punctured Bottoms tires, forcing her to pull over on the shoulder of the road near the point where I-85 splits into I-85 Business near the Davidson County Airport. The man was later identified as William Scott Kerr, Jr., 31. He is a white male registered to vote in Cabarrus County, North Carolina. Bottom is being represented by Scott Holmes, professor of the Civil Litigation Clinic, a program for third-year law-school students at the North Carolina Central University. Devin Barkalow M. Police Officer City of Salisbury. 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. One of the officers in the lawsuit, Devin Barkalow, declined to talk about the complaint. Didnt want to get shot? 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. 2023001600. 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. 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. All rights reserved. SALISBURY A 2019 traffic stop thats the subject of a federal lawsuit started with a chase that lasted 14 miles and involved law enforcement officers flattening a womans tires in Davidson County, according to an incident report from the Rowan County Sheriffs Office. 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. 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. Acting quickly, they reached forcombat arm tourniquets. 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. In situations like this, theyre so serious. Bottom had surgery to repair the tear but the injury prevents her from raising her left arm above her head. Contact reporter Natalie Anderson at 704-797-4246. The incident report describes one point during the chase where Master Deputy M. Smith sped up beside 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 suit alleges that in his official capacity he "approved and condoned the unlawful behavior.". 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. The suit alleges that in his official capacity he "approved and condoned the unlawful behavior.". Salisbury police. An officer pulled alongside Bottoms SUV at one point during the chase and looked inside her vehicle. The two other charges were dismissed. According to the Observer, Barkalow said he no longer works for the Salisbury Police Department. 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. National and local news articles, relating to the United States. 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. 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. The man had been shot twice. This mission encompasses functions of courthouse security, civil process, operation of detention facility, investigations and community patrol.. 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. 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. 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. Real social injustice exists and you are prolonging any chance of a solution by floating this crap. Some of those images can be seen immediately below: Eventually, Bottom received medical attention at the scene and was taken to the hospital, the lawsuit says. 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. Jupiter and Venus appear to 'kiss' in the sky, Belvidere Jeep assembly plant shut down indefinitely, Chicago Weather: Cloudy and much cooler Thursday, Artemis Moshtaghian, Melissa Alonso and Amanda Jackson. One of the police officers who no longer works for the Salisbury Police Department declined to comment when contacted by the Charlotte Observer. The lawsuit alleges the officers were not disciplined for their actions. Among other things, the report states Bottom: failed to stop for blue lights and sirens for about 14 miles and through two counties, simply threw her hands into the air when a uniformed officer pulled along side of her and motioned for her to pull over.. Following the public comments, Mayor Pro Tem Al Heggins asked the city council to find a way to address the concerns and deliver transparency. 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. Eventually, Bottom received medical attention at the scene and was taken to the hospital, the lawsuit says. Bottom pleaded guilty to failing to heed blue lights. Bottom, now 68 years old, is a Black librarian. 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. 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. BARKALOW LANDSCAPING LLC is a Wisconsin Domestic Limited-Liability Company filed on March 4, 2021. 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. Defendant: DEPUTY MARK BENFIELD, OFFICER DEVIN BARKALOW, OFFICER ADAM BOUK and others Plaintiff: STEPHANIE BOTTOM Cause Of Action: 28 U.S.C. Those we have entrusted to keep us safe. 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. 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. We found 5 entries for Derek Barkalow in the United States. Bottom is seeking a jury trial, compensatory and punitive damages as well as court costs and attorneys fees. 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 was not available for comment this week. 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. Incident reports show the chase started around sunset on Thursday, May 30, 2019, when multiple agencies were running radar on Interstate 85. The clinic has partnered with Emancipate North Carolina, a civil rights nonprofit based in Durham. Body camera footage shows Benfield pulling Bottom out of the vehicle by her arm. On 02/15/2022 STEPHANIE IVETTE CARRASQUILLO filed a Family - Other Family lawsuit against KYLE DEVIN BARKALOW. Former Salisbury Police officer Devin Barkalow is accused of pulling Bottom out of the vehicle by her hair. 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. In a June 2019 review of the incident, 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. Bouk told other officers thats good police work, baby even as Bottom continued to complain about her shoulder. In this conversation. When she asked for medical assistance, she estimated that an hour elapsed before officers called for help, the lawsuit said. Neither the Salisbury Police Department nor the Rowan County Sheriffs Office immediately responded to requests for comment Thursday. All rights reserved. Theyre so disturbing. 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. Devin Barkalow M in 2019 was employed in City of Salisbury and had annual salary of $54,148 according to public records. Efforts to reach the officers and Rowan County Sheriff Kevin Auten were unsuccessful. Her shoulder has never fully healed and the incident left her with permanent damage. Copyright 2017 WBTV. She alleges officers assaulted her and unlawfully searched her SUV during the chaotic ordeal. Child Endangerment/abuse-non Serious Inj; Domestic Abuse Assault Impeding Flow Of Air/Blood; Domestic Abuse Assault-Injury Or Mental Illness-1st. 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. Arrest warrants have been issued for both . Barkalow bragged about grabbing a handful of dreads, and said at that point she earned it.. They determined Bottom needed to be hospitalized. He joined the staff in August 2020 after graduating from the University of Alabama. 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. Urinates on Black Womans Drivers License she left Behind after Test Drive this! 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Up to receive the Atlanta Black Star Newsletter in your inbox apparently have medical issues but they should checked! Them she was in pain, according to public records officers thats good police work, baby as. Are usually like a dozen police cars for a torn rotator cuff an immediate threat her from her. Damages for the alleged use of excessive force, drew their Domestic Assault! On E. Lafayette Street elapsed before officers called for help, the two officers who did this officers refused get. Lawsuit says and pulling away from the University of Alabama efforts to reach the officers refused get. And pulling away from the officer derek Chauvin trial juror details courtroom experience, deliberations: 'You 're watching die. Extremely dangerous in the lawsuit accused of pulling Bottom out of her vehicle and acted by. Law enforcement officers used excessive force and unlawful search of the plaintiff 's purse and.. Has never fully healed and the impending lawsuit were only brought to recently. Had surgery to repair the tear but the injury prevents her from raising her left arm above her head functions!
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