Why? Durham, NC 27707 Defendant Attorney NED A. STILES Attorney at STILES BYRUM & HORNE, LLP It caused her a very significant injury that required surgery, that required her to spend time in the hospital. 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. They dont care because its not their emergency. They finally were able to stop her with tire spikesshe still didn't listen when they ordered her out of the car. Yeah, she WAS speeding. And theyre the ones we fear the most.. One of the officers in the lawsuit, Devin Barkalow, declined to talk about the complaint. Defendant. Mike Colvin and Detective Devin Barkalow, are now on administrative duty. Everyone take a close look at the video. "I was doing what we train to do. While her attorneys have not returned requests for comment from the Post, the Associated Press quoted Ian Mance, an attorney for Emancipate NC, as saying, Our complaint alleges these officers had no reason to use any force, much less the level of force they employed.. A Westminster Police Department officer has been placed on paid administrative leave after cellphone video showed him punching a handcuffed woman twice in the face, CBS Los Angeles reports. 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. According to the complaint, Bottom was unarmed and posed no threat. Bouk yelled that theyd been following her trying to get her to stop for over 10 miles. Designed for military use, more and more police officers are carrying them. Sifford was placed in the Rowan County Detention Center under an additional $500,000 bond. 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. The suit says she was going 10 mph over the speed limit 80 mph in a 70 mph zone. I'm a diabetic and having high or low sugar around police is a scary thought. 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. Instead, the officers decided to issue a criminal summons for her to appear in court at a later date. Cutting over lanes to cut us off. 25.2k members in the USNEWS community. "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. So this was very disruptive to her life in many ways.. Read the full court filing by clicking here. She thought the police were attempting to stop another motorist on the interstate, and claims her music drowned out the sirens. 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. He is a white male registered to vote in Cabarrus County, North Carolina. The case status is Disposed - Other Disposed. Published 12:10 am Wednesday, May 5, 2021, By Natalie Anderson 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. I respect and appreciate police officers who uphold the oath to protect and to serve and carry out their duties with a sense of honor, courage and compassion, Dancy said. 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. The officers knew it was a life or death situation. Natalie Anderson covers the city of Salisbury, politics and more for the Salisbury Post. Represented By. Wed write you a ticket. He said he was particularly struck by officers brutal treatment of an elderly woman who was unarmed and showed no signs of being violent. Devin Willock, who was an offensive lineman for the Bulldogs, . Officers Barkalow and Adam Bouk and Deputy Mark Benfield then quickly approached with their guns drawn. 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. Barkalow and another Salisbury officer, Bottom claims they . 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. Shouldnt have been stupid. In a June 2019 review of the incident, Sgt. 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. When police tried to stop his car on Bringle Ferry Road, he drove away through residential property. 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. The other officers swooped in and handcuffed Bottom, who yelled and writhed in pain as they yanked her arms her back to shackle her. A gray-headed, Black lady driving 10 miles over the speed limit, Peckman said. Eventually, Bottom received medical attention at the scene and was taken to the hospital, the lawsuit says. Six locals spoke during the Salisbury City Councils public comment session Tuesday, condemning the actions depicted in the body camera footage, emphasizing mistrust in local officers among Black and brown residents and calling for city leaders to be transparent and hold law enforcement accountable. On 02/15/2022 STEPHANIE IVETTE CARRASQUILLO filed a Family - Other Family lawsuit against KYLE DEVIN BARKALOW. Shouldnt have been stupid. Like, theres got to be a better way to handle this. We found 5 entries for Derek Barkalow in the United States. Press question mark to learn the rest of the keyboard shortcuts. Lawsuit to be filed against police after Calif. man dies while being restrained by police. Bottom noticed the deputys blue lights but didnt think she was speeding so she didnt stop. 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. Help us to change these archaic laws.. 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. The LawsuitBottoms lawsuit claims officers used excessive force when they approached her at gunpoint and when they dragged her out of her SUV. 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. Lawsuit to be filed against police after Calif. man dies while being restrained by police. Barkalow bragged about grabbing a handful of dreads, and said at that point she earned it.. Saturday night. Elderly Black woman says police used excessive force during traffic stop. Arrest warrants have been issued for both . Were not asking for much, Black said. "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. Devin Barkalow M in 2019 was employed in City of Salisbury and had annual salary of $54,148 according to public records. 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. Her lawyers claim the officers reckless actions aggravated an old injury and caused Bottoms shoulder to pop as the officers handcuffed her. The video shows Salisbury Deputy Mark Benfield approaching Ms Bottom's car with his gun drawn before grabbing her hair and dragging her to the ground. 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 said he no longer works for the police department but declined to say where he's working now. On Tuesday Wilson and Barkalow were honored by the City Council for their lifesaving effortsa distinction that Wilson says, wasn't really necessary. "We were the first two officers there, we found the subject sitting in front of this house," Wilson said. Sign up to receive The Atlanta Black Star Newsletter in your inbox. 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. So they make up the majority of citizens police interactions in a given year. 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. 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. An officer pulled alongside Bottom's SUV at one point during the chase and looked inside her vehicle. Law enforcement's handling of the situation was captured on body cameras, and images of their initial approach were included as exhibits in the lawsuit. 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. 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.. Bottom would later be charged with speeding, failure to heed to blue lights and resisting, delaying and obstructing an officer. The Registered Agent on file for this company is Devin Michael Barkalow and is located at W8944 Archer Rd, Wild Rose, WI 54984. She was "terrified," according to the lawsuit, as officers shouted at her to exit the vehicle. 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. The allegations were first reported by the Charlotte Observer. 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. Those we have entrusted to keep us safe. 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. 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 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.. 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. The other officers named in the suit are Adam . Bottom had surgery to repair the tear but the injury prevents her from raising her left arm above her head. Ummm dont think there are usually like a dozen police cars for a traffic stop obviously something else is going on here. The lawsuit alleges the officers were not disciplined for their actions. Salisbury police. 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. State Representative - MICHAEL DEvIN Capitol Address: Home Address: House of Representatives 1 Hillcrest Rd. 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. 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. 'White privilege and entitlement:' NC city official fired after refusing to address woman by doctoral title. 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. 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. The man had been shot twice. 'White privilege and entitlement:' NC city official fired after refusing to address woman by doctoral title. Benfield and a second cop, Officer Devin Barkalow, then struggle to put handcuffs on Bottom while she lies face-down on the side of the roadway, according to the footage. SCOTT D. MACLATCHIE Hall Booth Smith, P.C. 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. Child Endangerment/abuse-non Serious Inj; Domestic Abuse Assault Impeding Flow Of Air/Blood; Domestic Abuse Assault-Injury Or Mental Illness-1st. Bottoms lawsuit was filed April 21 in the U.S. District Court for the Middle District of North Carolina. Devin Barkalow M Overview. 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 . Bottom sobbed as she sat on the ground at the side of the high gasping in pain. So when things go wrong with the police, that is very often in the context of traffic stops.. 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. 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. 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. After a review of those policies, Black said he would like to see the creation of a new zero-tolerance policy that would establish an approach in penalizing and/or prosecuting police officers who engage in unethical acts when interacting with unarmed, non-violent and non-resisting individuals., The letters last demand is an update to the Rowan County Sheriffs Office mission statement to include inclusive language of professional law enforcement services being provided to visitors., 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. 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. If youre doing something stupid and extremely dangerous, you can expect the police to want to get you in custody as fast as possible. 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. 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. devin barkalow waiver sent on 4/28/2021, answer due 6/28/2021. 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. Jacob Linn (1825-1878) was a gunsmith, business owner, Bexar County commissioner, landowner, and rancher. There are no facts likely to emerge that warrant a 68 year old to be manhandled like that, fucking none. If theyre not going to hold these officers accountable in a situation like this, when will they hold officers accountable?. Detective Barkalow is currentlyworking in an undercover capacity and was not available for an interview or picture. 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. Ms. Bottom wasnt even arrested.. 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 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. Then Benfield and Salisbury police officer Devin Barkalow have Bottom, then 66, face-down on the road and struggle to handcuff her. All rights reserved. This should anger all of us.. Bottom, an Atlanta librarian and grandmother of five, was driving to North Carolina for a relatives funeral when police stopped her vehicle after it was going 10 mph over the speed limit, according to a federal lawsuit she filed Wednesday. The second cop just comes rushing in and let's adrenaline take over. She also recommended watching the film Driving While Black.. Though Chief Jerry Stokes has done some good things, Sheffield said, theyre not evident in the overall culture being depicted. 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