Represented By. 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 had surgery for the injury, but it did not fully repair the shoulder, according to the lawsuit, and now there is permanent damage. Former Salisbury Police officer Devin Barkalow is accused of pulling Bottom out of the vehicle by her hair. 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. 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. 2151 KEOKUK ST #14. Officers then handcuffed Garcia, who police said "exhibited signs of being under the influence." Bottom is seeking a jury trial, compensatory and punitive damages as well as court costs and attorneys fees. According to the complaint, Bottom was unarmed and posed no threat. Police say he got out of the car, ran, and was caught. One of the police officers who no longer works for the Salisbury Police Department declined to comment when contacted by the Charlotte Observer. Many more people die in car accidents than because of guns and whatnot. CNN has reached out to Rowan County Sheriff's Department for comment but has not yet heard back. 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. No one cares about lights and sirens. 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. 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.. Body camera footage showed Rowan County Sheriff's Deputy Mark Benfield and Salisbury Police Officer Devin Barkalow approaching Bottom's vehicle with guns drawn, then pulling her by the arm and hair from her vehicle to the ground. 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. The lawsuit seeks monetary damages for the alleged use of excessive force and unlawful search of the plaintiff's purse and vehicle. In addition to calling for the release of video footage, the Salisbury-Rowan NAACP is demanding a transparent investigation into the incident. Police detective Devin Barkalow (now with DHS) jumps out of moving car with gun drawn to ticket 68 year old woman for 10 over.she is African American.surprise/surprise VT: No police nationally will stop a car for 80 on an interstate highway where the speedlimit is 70. According to the lawsuit, Bottom did not believe she was driving fast and did not think the police were trying to stop her. Devin Barkalow M. Police Officer City Of Salisbury. Lawsuit to be filed against police after Calif. man dies while being restrained by police. Bottoms vehicle stopped on left shoulder after the tires deflated. "Why are you doing this. Its not clear in incident reports why deputies otherwise searched her vehicle. Derek Chauvin trial juror details courtroom experience, deliberations: 'You're watching somebody die on a daily basis'. Derek Chauvin trial juror details courtroom experience, deliberations: 'You're watching somebody die on a daily basis'. 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. Press J to jump to the feed. Cars are extremely dangerous in the wrong hands, and just in general. 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. On Tuesday Wilson and Barkalow were honored by the City Council for their lifesaving effortsa distinction that Wilson says, wasn't really necessary. 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.. Some of those images can be seen immediately below: 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.". Jackie Miller said Bottom posed no threat to police officers during the incident. Bottom claimed she was driving 70 mph or 75 mph with her music turned up so loudly that she couldnt hear the sirens. Devin Barkalow M. Police Officer City of Salisbury. The fourth officer named in the lawsuit is Rowan County Sheriff Kevin Auten. 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. Adam Bouk of the Salisbury Police Department placed a handcuff on Bottom's left. 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. against her in a 2019 traffic stop, the Salisbury-Rowan NAACP is calling for accountability and transparency from local law enforcement agencies. The Judge overseeing this case is WAYNE CULVER. 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. 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 said she was listening to music loudly in her car and did not realize she was being pulled over, according to the lawsuit. 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. Bottoms lawsuit indicates Barkalow also aimed his weapon at her. We publish narratives intentionally and specifically to enlighten and transform the world. Cutting over lanes to cut us off. 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. Stephanie Bottom was making the six-hour trek from Atlanta to Raleigh, North Carolina, to attend her aunts funeral. 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. 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. Former Salisbury Police officer Devin Barkalow is accused of pulling Bottom out of the vehicle by her hair. 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. Officers had 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. 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. The second cop just comes rushing in and let's adrenaline take over. What have I done wrong? When Bottom appeared in court, she pleaded guilty to the failure to heed blue lights charge. "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. Lawsuit to be filed against police after Calif. man dies while being restrained by police. 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. Devin Michael Barkalow is listed at 3579 Farm Lake Dr Sw Concord, Nc 28027 and is affiliated with the Republican Party. 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. I like to get all sides of the story, so Im asking to see what led up to that, Black said. 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: 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. 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. 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. The Salisbury Police Department and Rowan County Sheriffs Office could not be reached for comment by publication time. 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. Before Bottom, 68, could get an answer as to why the officers had their guns pointed at her head, police grabbed the librarian by her arm and hair and threw her from her car to the ground, body-camera footage shows. 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. 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. 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. I'm a diabetic and having high or low sugar around police is a scary thought. Were asking for simple things that should already be in place.. "We were the first two officers there, we found the subject sitting in front of this house," Wilson said. A gray-headed, Black lady driving 10 miles over the speed limit, Peckman said. Email him at ben.stansell@salisburypost.com. 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. ): Spencer D. Matthews, 39, Daytona Beach, habitual driving . Body camera footage shows Benfield pulling Bottom out of the vehicle by her arm. Atlanta Black Star is a narrative company. But she added the data showing Black and brown individuals are disproportionately subject to police violence cannot be overlooked. 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. 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. Create an account to follow your favorite communities and start taking part in conversations. 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.. 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. 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. 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. Black said he was frustrated with the fact that the incident and the impending lawsuit were only brought to light recently. 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. Didnt want to get shot? Bouk and Benfield explained to Bottom that she refused to stop when they attempted to pull her over for speeding. Email her at natalie.anderson@salisburypost.com or call her at 704-797-4246. Dancy called on the officers to answer questions of why the excessive force was used and why they ignored Bottoms comment about a previous injury to her shoulder during the incident. If theyre not going to hold these officers accountable in a situation like this, when will they hold officers accountable?. 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. She was "terrified," according to the lawsuit, as officers shouted at her to exit the vehicle. (holmes, curtis) The suit states police officers acted unreasonably, maliciously, and without justification, because (Bottom) did not pose a threat and was lawfully complying with the demands of the defendants to exit the vehicle with her hands up. Video shows Bottom sitting in her vehicle, facing Benfield and responding to him when she is pulled onto the ground. OFFICER DEVIN BARKALOW. 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. Were not asking for much, Black said. He took a job with federal law enforcement in February 2020,. Bailey reminded the public that the Salisbury Police Departments use of force policies are available on the citys website. 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. 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. The man was later identified as William Scott Kerr, Jr., 31. DEPUTY MARK BENFIELD. 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. The fourth officer named in the lawsuit is Rowan County Sheriff Kevin Auten. 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.
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