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. But here, that is kind of the main way that people interact with police, Mance added. 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. He is a white male registered to vote in Cabarrus County, North Carolina. 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 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. 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. 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. In situations like this, theyre so serious. 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. 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. It was my understanding that they are taught to be observant of people. Devin Barkalow currently lives in Concord, NC; in the past Devin has also lived in Chesterland OH and Salisbury NC. SCOTT D. MACLATCHIE Hall Booth Smith, P.C. "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. 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. View Devin B. Other sheriffs deputies and police officers joined the chase. They invoke such fear and distrust that we as a council have to think of a way in which we can respond, Heggins said. 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. Eventually, Bottom received medical attention at the scene and was taken to the hospital, the lawsuit says. Devin Barkalow M. Police Officer City of Salisbury. 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. Designed for military use, more and more police officers are carrying them. 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. One of the officers in the lawsuit, Devin Barkalow, declined to talk about the complaint. And thank God they had to wear body cams or we still wouldnt know what happened., Rev. Jagger Naves of the Rowan County Sheriffs Office cleared use of force used by deputies during the traffic stop. Were not asking for much, Black said. 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.". 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 car was stopped when they apprehended her. The two officers involved in the chase and shooting,Sgt. 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 Sheriff's deputy Mark Benfield of hurting the librarian so badly that she was forced to miss eight months of work. Some of those images can be seen immediately below: shows Benfield, who approached the car initially with a weapon raised, pulling Bottom out of the vehicle by the arm. So they make up the majority of citizens police interactions in a given year. Bodycam footage showed he also said it was an exciting chase and commented that he was at the edge of his seat.. Derek Chauvin trial juror details courtroom experience, deliberations: 'You're watching somebody die on a daily basis'. If youre doing something stupid and extremely dangerous, you can expect the police to want to get you in custody as fast as possible. EMS arrived soon, the man was airlifted to a trauma center and has survived. According to a July 2020 report from the North Carolina Justice Analysis Review, Black motorists were stopped at a rate twice as high as white drivers in the Tar Heel State, and almost 1.5 times the rates of other races. 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 Sheriff's. 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.". Regina Dancy said she debated speaking about the issue for fear shed be perceived as anti-police, which she emphasized she is not, or an angry Black woman speaking out against racial injustice. 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 other officers named in the suit are Adam . She also said she was playing loud music in her car and didnt realize police were trying to stop her. How many more Black and brown people are going to be hurt and killed by the hands of officers, Miller said. Represented By. It also claims that the officers congratulated one other for their work and an officer identified in the lawsuit as Barkalow is heard bragging about grabbing a "handful of dreads," saying "at that point she earned it.". Shes asking for damages and an injunction against the policies and practices in which the officers engaged while taking her into custody. It also claims that the officers congratulated one other for their work and an officer identified in the lawsuit as Barkalow is heard bragging about grabbing a "handful of dreads," saying "at that point she earned it.". Sheriff Kevin Auten is named only in his official capacity as the sheriff and is not alleged to have been involved in the incident. Jerry Barkai - Devin Barkalow. It caused her a very significant injury that required surgery, that required her to spend time in the hospital. 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. Eventually, Bottom received medical attention at the scene and was taken to the hospital, the lawsuit says. 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. Bottoms lawsuit was filed last week in the U.S. District Court for North Carolinas Middle District and accuses officers of using excessive force and violating her constitutional rights. Relatives & Associates. 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. Bottoms lawsuit was filed April 21 in the U.S. District Court for the Middle District of North Carolina. He is a white male registered to vote in Cabarrus County, North Carolina. 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. 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. Please, why are you doing this to me?, It was a simple traffic stop, thats all we had to do, Benfield told her. 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. Spiked her car to stop it. Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Salisbury and Rowan County officers used excessive force. An officer pulled alongside Bottom's SUV at one point during the chase and looked inside her vehicle. Body camera footage shows Benfield pulling Bottom out of the vehicle by her arm. Bottoms lawsuit indicates Barkalow also aimed his weapon at her. 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. The lawsuit names Benfield and Barkalow as the two officers who did this. Ummm dont think there are usually like a dozen police cars for a traffic stop obviously something else is going on here. The force applied by the officers caused Bottom's "shoulder to 'pop,' tearing her rotator cuff and causing severe injury," according to the lawsuit. She really didnt see three cop cars with lights and sirens? The fourth officer named in the lawsuit is Rowan County Sheriff Kevin Auten. 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. Sergeant J. Naves believes Master Deputy M. Benfield and Master Deputy M. Smith complied with the Rowan County Sheriffs Office policy and procedures during this incident, the use of force report states. 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. 'White privilege and entitlement:' NC city official fired after refusing to address woman by doctoral title. 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. 2023001600. The second cop just comes rushing in and let's adrenaline take over. 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. Acting quickly, they reached forcombat arm tourniquets. Bottom is seeking a jury trial, compensatory and punitive damages as well as court costs and attorneys fees. The following alternative links are available: Note: this is a bot providing a directory service. In the lawsuit, Bottom says law enforcement officers used excessive force, drew their. 25.2k members in the USNEWS community. 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. The clinic has partnered with Emancipate North Carolina, a civil rights nonprofit based in Durham. Neither the Salisbury Police Department nor the Rowan County Sheriffs Office immediately responded to requests for comment Thursday. "There is some good news with this, even though what they did was horrible," Barkalow . I also felt horror, humiliation and sadness.. A gray-headed, Black lady driving 10 miles over the speed limit, Peckman said. They dont care because its not their emergency. Didnt want to get thrown out of a car? This case was filed in Seminole County Courts, Not Classified By Court located in Seminole, Florida. Bottom pleaded guilty to failing to heed blue lights. 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. The officers pulled Bottom's arms behind her back while she shrieked in pain as sirens blared in the background, according to the footage. 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. 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. 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. Copyright 2017 WBTV. 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. They determined Bottom needed to be hospitalized. Sgt. According to the complaint, Bottom was unarmed and posed no threat. He was born in Bavaria and . 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. Despite that, authorities felt justified in threatening deadly force and physically assaulting the woman because she didnt pull over in a timely manner. In addition to calling for the release of video footage, the Salisbury-Rowan NAACP is demanding a transparent investigation into the incident. 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. Represented By. Email him at ben.stansell@salisburypost.com. What have I done wrong? Sgt. 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. 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. Bottom sobbed as she sat on the ground at the side of the high gasping in pain. Detective Barkalow is currentlyworking in an undercover capacity and was not available for an interview or picture. 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. So when things go wrong with the police, that is very often in the context of traffic stops.. 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. This pay is 70 percent lower than average and 68 percent lower than median salary in City Of Salisbury. Devin Barkalow is 36 years old and was born on 07/30/1985. Stephanie Bottom was making the six-hour trek from Atlanta to Raleigh, North Carolina, to attend her aunts funeral. Bottom said she was listening to music loudly in her car and did not realize she was being pulled over, according to the lawsuit. 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. Derek Barkalow. 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