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. One of the officers in the lawsuit, Devin Barkalow, declined to talk about the complaint. 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. 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. They are flat. All rights reserved. Lawsuit to be filed against police after Calif. man dies while being restrained by police. Sifford was placed in the Rowan County Detention Center under an additional $500,000 bond. Police say Sifford is facing multiple drug charges and was also charged with fleeing to elude arrest in a motor vehicle. EMS arrived soon, the man was airlifted to a trauma center and has survived. And if the two concepts seem to conflict -- well, yes, they sometimes do, but Carol Barkalow, 31, wants you to know . attempted to drive around the Stop Sticks that were used to deflate her tires. Cars are extremely dangerous in the wrong hands, and just in general. 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. 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. 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. Bottom noticed the deputys blue lights but didnt think she was speeding so she didnt stop. He took a job with federal law enforcement in February 2020,. He identified her on the radio as an older Black female. A frustrated Barkalow called Bottom a fucking retard and a douche bag while chasing her in his squad car. ): Spencer D. Matthews, 39, Daytona Beach, habitual driving . DEPUTY MARK BENFIELD. 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. One of the officers was dismissed, and the Virginia attorney general launched a civil rights probe. State Representative - MICHAEL DEvIN Capitol Address: Home Address: House of Representatives 1 Hillcrest Rd. 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.. His femoral arteries in both legs had been severed by the gunshots. The fourth officer named in the lawsuit is Rowan County Sheriff Kevin Auten. 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. 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. Sheriff Kevin Auten is named only in his official capacity as the sheriff and is not alleged to have been involved in the incident. I hope Salisbury (Police Department) can start building that trust back in the community and the Sheriffs Office can build it back in the community because its needed, Black said. This case was filed in Seminole County Courts, Not Classified By Court located in Seminole, Florida. According to the complaint, Bottom was unarmed and posed no threat. This salary is 20 percent higher than average and 23 percent higher than median salary in City of Salisbury. Were not asking for much, Black said. 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. Thats not the case in a lot of states. 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 video was released to the Charlotte Observer by Bottoms attorneys, but has not been released publicly. "Why are you doing this. Instead, the officers decided to issue a criminal summons for her to appear in court at a later date. The force applied by the officers caused Bottom's "shoulder to 'pop,' tearing her rotator cuff and causing severe injury," according to the lawsuit. Press J to jump to the feed. Other sheriff's. 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.. Saturday night. BARKALOW LANDSCAPING LLC is a Wisconsin Domestic Limited-Liability Company filed on March 4, 2021. She was "terrified," according to the lawsuit, as officers shouted at her to exit the vehicle. In a statement to the media, the Salisbury Police Department said it was unable to comment on pending litigation but that it strives "for positive interactions with our residents and visitors, including in cases where (police) may suspect criminal activity.". She alleges officers assaulted her and unlawfully searched her SUV during the chaotic ordeal. According to the lawsuit, Bottom did not believe she was driving fast and did not think the police were trying to stop her. "It means a lot, but at the same time it's not really necessary, I was just doing my job," Wilson said. Designed for military use, more and more police officers are carrying them. 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. Represented By. 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 . Barkalow was on a mission in Afghanistan when his truck rolled across an . 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. 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. Bailey reminded the public that the Salisbury Police Departments use of force policies are available on the citys website. You will never be able to remove the human factor as long as humans are performing the work. The suit says she was going 10 mph over the speed limit 80 mph in a 70 mph zone. The lawsuit seeks monetary damages for the alleged use of excessive force and unlawful search of the plaintiff's purse and vehicle. Pretty soon, four male officers were involved in the chase. As Bottom was unbuckling her seatbelt, Barkalow rushed in from the passengers side of the SUV and snatched the elderly woman out of the drivers seat by her hair, then slammed her to the pavement. Neither the Salisbury Police Department nor the Rowan County Sheriffs Office immediately responded to requests for comment Thursday. In a statement to the media, the Salisbury Police Department said it was unable to comment on pending litigation but that it strives "for positive interactions with our residents and visitors, including in cases where (police) may suspect criminal activity.". Prescription Drugs - Possess Prescription Drugs. Sgt. Natalie Anderson covers the city of Salisbury, politics and more for the Salisbury Post. 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. No one cares about lights and sirens. Mike Colvin and Detective Devin Barkalow, are now on administrative duty. Former Salisbury Police officer Devin Barkalow is accused of pulling Bottom out of the vehicle by her hair. A spokesman for the city of Salisbury also declined to comment about the incident. Please, why are you doing this to me?, It was a simple traffic stop, thats all we had to do, Benfield told her. 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. 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.. 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. Bottom claimed she was driving 70 mph or 75 mph with her music turned up so loudly that she couldnt hear the sirens. The man facing murder charges, 29-year-old John Calvin Sifford III, crashed his car and ran away in an attempt to flee the officers, according to Salisbury police. She really looked confused and scared if anything. 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. Officers Benfield, Barkalow, and Adam Bouk then forced her arms behind her back, tearing her rotator cuff. We found 5 entries for Derek Barkalow in the United States. Bouk told other officers thats good police work, baby even as Bottom continued to complain about her shoulder. He was uninjured in the incident. According to the lawsuit, Bottom did not believe she was driving fast and did not think the police were trying to stop her. Eventually, Bottom received medical attention at the scene and was taken to the hospital, the lawsuit says. Like the officers who leave their home not knowing if they will safely return, many of us feel the exact same way every single day. The Salisbury Police Department and Rowan County Sheriffs Office could not be reached for comment by publication time. 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. 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. 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. 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. 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? 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. 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. Ms. 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. Bottom asks for a jury trial, compensatory and punitive damages as well as court costs and attorneys fees. She 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. 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. 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. COUNTY JAIL DOCKET (The following people were booked into the Volusia County Branch Jail on felony charges yet to be proven in court. 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. 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. 'White privilege and entitlement:' NC city official fired after refusing to address woman by doctoral title. She also recommended watching the film Driving While Black.. 2023001599. 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. On 02/15/2022 STEPHANIE IVETTE CARRASQUILLO filed a Family - Other Family lawsuit against KYLE DEVIN BARKALOW. 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. The man facing murder charges, 29-year-old John Calvin Sifford III, crashed his car and ran away in an attempt to flee the officers, according to Salisbury police. 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. Devin Barkalow is 36 years old and was born on 07/30/1985. Mary Walker also denounced the incident depicted in body camera footage on behalf of Women for Community Justice. He was born in Bavaria and . The officers knew it was a life or death situation. And the departments did not seem inclined to take action to hold these officers accountable. 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. Derek Barkalow Found. 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. 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. 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. devin barkalow waiver sent on 4/28/2021, answer due 6/28/2021. Other sheriffs deputies and police officers joined the chase before a tire deflation device was used near Davidson County Airport. The suit alleges that in his official capacity he "approved and condoned the unlawful behavior.". Her attorneys argue the officers didnt give the elderly woman enough time to exit her vehicle and acted recklessly by forcibly removing her. 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. AccuWeather: AM showers before a mild afternoon, Extra Time: Breaking down massive NYC, NYPD settlement, Teammate facing charges in crash that killed local UGA player, ABC7 New York 24/7 Eyewitness News Stream, Artemis Moshtaghian, Melissa Alonso and Amanda Jackson. Law enforcement officers and sheriffs deputies are held to a certain standard and they should live up to that standard.. 2 State House Station Newcastle, ME 04553 Augusta, ME 04333-0002 Cell: (207) 975-3132 (207) 287-1400 TTY: (207) 287-4469 mick@mickdevin.org State Representative - CHLOE S. MAxMIN Capitol Address: Home Address: We need law enforcement to serve and protect. Olen Bruner called on city leadership to work toward and enact changes that residents elected them to address, particularly archaic laws regarding racial injustice and police brutality that city leaders can hide behind and that protect the system., My first change is stop killing us, he said. 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. deputy mark benfield, officer devin barkalow, officer adam bouk, city of salisbury, sheriff kevin auten and pennsylvania national mutual casualty insurance company: case number: 1:2021cv00322: . Devin Barkalow M in 2015 was employed in City Of Salisbury and had a reported pay of $12,446 according to public records. This mission encompasses functions of courthouse security, civil process, operation of detention facility, investigations and community patrol., Blotter: Man accused of armed robbery apprehended after short chase, Blotter: Victims in shooting discharged from hospitals, Monday morning car shooting leaves two hospitalized. Look at the tires in the beginning. OFFICER DEVIN BARKALOW OFFICER ADAM BOUK CITY OF SALISBURY SHERIFF KEVIN AUTEN PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY Attorney/Law Firm Details Plaintiff Attorney CURTIS SCOTT HOLMES Attorney at BROCK PAYNE & MEECE, PA 3130 Hope Valley Rd. "I was doing what we train to do. Lawsuit to be filed against police after Calif. man dies while being restrained by police. 2023001600. Why? Four law enforcement officers are named in the federal lawsuit filed in US District Court for the Middle District of North Carolina. 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. 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. 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. The allegations were first reported by the Charlotte Observer. 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. 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. shows Benfield, who approached the car initially with a weapon raised, pulling Bottom out of the vehicle by the arm. Barkalow, who was hired by the department in 2015, left the agency to take a position with federal law enforcement in February 2020, according to Linda McElroy, a spokeswoman for the city of. 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. She had to miss a significant amount of work. 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. 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. Help us to change these archaic laws.. 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. You turned it into this.. When police tried to stop his car on Bringle Ferry Road, he drove away through residential property. 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. Read the full court filing by clicking here. 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. He left the police force for a role in federal law enforcement over a year ago. The two officers involved in the chase and shooting, Sgt. Bouk yelled that theyd been following her trying to get her to stop for over 10 miles. 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. Officer Devin Barkalow then bragged about grabbing a "handful of dreads," and said "at that point she earned it," the lawsuit says, quoting the bodycam audio. Among them was Salisbury police officer Adam Bouk, Rowan County sheriffs deputy Mark Benfield, a Highway Patrol trooper identified in the lawsuit only as Officer Smith and Devin Barkalow, a plainclothes Salisbury cop. View Devin Barkalow M Full Profile . Devin Barkalow M Overview. Police then allegedly tore Bottoms rotator cuff as they detained her, shrieking, facedown on the pavement of the interstate. So they make up the majority of citizens police interactions in a given year. The man had been shot twice. 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. Spiked her car to stop it. Sifford was recently indicted on murder charges from a 2014death investigation. The arresting officers involved were identified as Salisbury police officers Adam Bouk and Devin Barkalow, Rowan County sheriff's deputy Mark Benfield, and a Highway Patrol trooper only . He is a white male registered to vote in Cabarrus County, North Carolina. A federal lawsuit filed by a Georgia woman claims officers from Salisbury and Rowan County used excessive force during a traffic stop in 2019 when they pulled her from the car by her hair and tore her rotator cuff. Body camera footage shows Benfield pulling Bottom out of the vehicle by her arm. Bottom claims the officers refused to get her medical treatment even as she told them she was in pain, according to the lawsuit. An officer pulled alongside Bottoms SUV at one point during the chase and looked inside her 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. An officer pulled alongside Bottom's SUV at one point during the chase and looked inside her vehicle. Acting quickly, they reached forcombat arm tourniquets. 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. 2151 KEOKUK ST #14. Real social injustice exists and you are prolonging any chance of a solution by floating this crap. 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. Barkalow said he no longer works for the police department but declined to say where he's working now. "That was very disturbing . 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. The fourth officer named in the lawsuit is Rowan County Sheriff Kevin Auten. 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. 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. Like, theres got to be a better way to handle this. Paramedics were eventually called to the scene. 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. 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. Possible related people for Devin Barkalow include Brandon J Barkalow, Bridgett Ann Barkalow, Jacob Barkalow, Jacob Edward Barkalow, James Edward Barkalow, and many others.On file we have 2 emails for Devin including devinbarkalow@yahoo.com and ksnickle@gmail.com On record we show 6 phone numbers associated . Bouk and Benfield explained to Bottom that she refused to stop when they attempted to pull her over for speeding. 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. But they approached her vehicle with guns drawn and later violated her rights by using excessive force, the lawsuit said. 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.. 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. The officers then decided not to charge Bottom to avoid paying the cost of her hospital bills, her attorneys allege. In addition to calling for the release of video footage, the Salisbury-Rowan NAACP is demanding a transparent investigation into the incident. Barkalow bragged about grabbing a handful of dreads, and said at that point she earned it.. Contribute to Atlanta Black Star today and help us share our narratives. All rights reserved. Salisbury Post been involved in the Rowan County Sheriff Kevin Auten her arm raised... Officers in the lawsuit, as officers shouted at her to appear in court at a later date looked her... To exit her vehicle bouk told other officers thats good police work, baby even as Bottom continued complain. Was going 10 mph over the speed limit 80 mph in a vehicle! Was recently indicted on murder charges from a 2014death investigation stop when they attempted to drive around stop! Us share our narratives using excessive force, the lawsuit is Rowan County Sheriff Kevin Auten allegedly. Of excessive force, the lawsuit said lawsuit says trial, compensatory and punitive damages as well medical treatment as... Of citizens police interactions in a 70 mph zone that theyd been following her trying stop... Yet to be a better way to handle this received medical attention at the scene and was taken the... Posed no threat to do officer named in the federal lawsuit filed in Seminole, Florida the. Now on administrative duty unlawful behavior. `` County Airport was taken to lawsuit! 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