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They invoke such fear and distrust that we as a council have to think of a way in which we can respond, Heggins said. 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. Copyright 2017 WBTV. Bottom said she was listening to music loudly in her car and did not realize she was being pulled over, according to the lawsuit. 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. 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. The clinic has partnered with Emancipate North Carolina, a civil rights nonprofit based in Durham. 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, The incident report states Benfield commanded the driver to exit the vehicle to which she refused to obey commands several times. Body camera footage. 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. After she cried for police to get her medical attention I am hurting really bad one of the officers on the scene congratulated his law enforcement colleagues on a job well done, according to the lawsuit. 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. The other officers did not respond to requests for comment. shows Benfield, who approached the car initially with a weapon raised, pulling Bottom out of the vehicle by the arm. Texas State Historical Association December 18, 2019. Saturday night. SALISBURY Local residents expressed anger and called for transparency from city leaders and local law enforcement officers Tuesday regarding a 2019 traffic incident thats the center of a federal lawsuit alleging excessive force. 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. An internal investigation is pending. 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 officers pulled Bottom's arms behind her back while she shrieked in pain as sirens blared in the background, according to the footage. 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. 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. But she added the data showing Black and brown individuals are disproportionately subject to police violence cannot be overlooked. 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. Theres nothing that can justify how she was pulled out of the car, but what led up to that?. Devin Barkalow M. Police Officer City of Salisbury. In a June 2019 review of the incident, Sgt. Copyright 2017 WBTV. 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. I dont understand how they do it in Georgia, but thats not how its done here.. She was "terrified," according to the lawsuit, as officers shouted at her to exit the vehicle. An officer pulled alongside Bottoms SUV at one point during the chase and looked inside her vehicle. 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. Other sheriffs deputies and police officers joined the chase before a tire deflation device was used near Davidson County Airport. Sgt. 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. 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. 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. Many more people die in car accidents than because of guns and whatnot. Former Salisbury Police officer Devin Barkalow is accused of pulling Bottom out of the vehicle by her hair. Lawsuit to be filed against police after Calif. man dies while being restrained by police. Sgt. Bottom is seeking a jury trial, compensatory and punitive damages as well as court costs and attorneys fees. So they make up the majority of citizens police interactions in a given year. During the interaction, Cuthbertson swung his helmet, striking Officer B. W. Jones in the face. She was accused of refusing to get out of her vehicle and pulling away from the officer. The lawsuit denied those allegations. 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. Court: Fourth Circuit North Carolina US District . She had to miss a significant amount of work. She joined the staff in January 2020 after graduating from Louisiana State University, where she was editor of The Reveille newspaper. Bottom noticed the deputys blue lights but didnt think she was speeding so she didnt stop. 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 . 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. The suit alleges that in his official capacity he "approved and condoned the unlawful behavior.". In addition to calling for the release of video footage, the Salisbury-Rowan NAACP is demanding a transparent investigation into the incident. Email her at natalie.anderson@salisburypost.com or call her at 704-797-4246. 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.. Despite that, authorities felt justified in threatening deadly force and physically assaulting the woman because she didnt pull over in a timely manner. Stephanie Bottom was making the six-hour trek from Atlanta to Raleigh, North Carolina, to attend her aunts funeral. 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. 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. "I was doing what we train to do. Barkalow and another Salisbury officer, Bottom claims they . 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. 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. Four law enforcement officers are named in the federal lawsuit filed in US District Court for the Middle District of North Carolina. This salary is 20 percent higher than average and 23 percent higher than median salary in City of Salisbury. And thank God they had to wear body cams or we still wouldnt know what happened., Rev. The car was stopped when they apprehended her. Police then allegedly tore Bottoms rotator cuff as they detained her, shrieking, facedown on the pavement of the interstate. Lawsuit to be filed against police after Calif. man dies while being restrained by police. All rights reserved. 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. 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: One of the police officers who no longer works for the Salisbury Police Department declined to comment when contacted by the Charlotte Observer. Officers Benfield, Barkalow, and Adam Bouk then forced her arms behind her back, tearing her rotator cuff. 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. It wasn't just me, it was Officer Barkalow, it wasn't just me and Officer Barkalow, it was Baker team of the Salisbury Police Department, it took all of us to do that". Bouk and Benfield explained to Bottom that she refused to stop when they attempted to pull her over for speeding. 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. Former Salisbury Police officer Devin Barkalow is accused of pulling Bottom out of the vehicle by her hair. Designed for military use, more and more police officers are carrying them. 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. And theyre the ones we fear the most.. 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. She was "terrified," according to the lawsuit, as officers shouted at her to exit the vehicle. Bailey reminded the public that the Salisbury Police Departments use of force policies are available on the citys website. What have I done wrong? Bottom cried out, growing increasingly incredulous. You will never be able to remove the human factor as long as humans are performing the work. When police tried to stop his car on Bringle Ferry Road, he drove away through residential property. When police vehicles pulled behind her, Bottom continued driving for another 10 miles, oblivious, she says, to the fact that they were trying to stop her for speeding. They are flat. 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. Ben Stansell covers business, county government and more for the Salisbury Post. Press question mark to learn the rest of the keyboard shortcuts. attempted to drive around the Stop Sticks that were used to deflate her tires. Represented By. Atlanta Black Star is a narrative company. Body camera footage shows Benfield pulling Bottom out of the vehicle by her arm. The following record for Kyle Devin Barkalow was recently collected from the state department of corrections website of Florida, of those serving a term of correctional supervision. CNN has reached out to Rowan County Sheriff's Department for comment but has not yet heard back. 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. 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. He is a white male registered to vote in Cabarrus County, North Carolina. 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 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. 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.. Law enforcement officers and sheriffs deputies are held to a certain standard and they should live up to that standard.. All rights reserved. Bottom was not available for comment this week. Why? 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. Mike Colvin and Detective Devin Barkalow, are now on administrative duty. Ian Mance is the attorney handling the case for the public policy program, which is dedicated to criminal justice reform and eradicating structural racism. 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. Defendant: DEPUTY MARK BENFIELD, OFFICER DEVIN BARKALOW, OFFICER ADAM BOUK and others Plaintiff: STEPHANIE BOTTOM Cause Of Action: 28 U.S.C. Like, theres got to be a better way to handle this. Yeah she ran for 10 miles. The Salisbury Police Department says the State Bureau of Investigation has declined to review the incident. 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. She was "terrified," according to the lawsuit, as officers shouted at her to exit the vehicle. The lawsuit seeks monetary damages for the alleged use of excessive force and unlawful search of the plaintiff's purse and vehicle. 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. 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. Bottom sobbed as she sat on the ground at the side of the high gasping in pain. Attorneys for Bottom released video to the Charlotte Observer. 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. "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. 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.". 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. 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. Bodycam footage showed Deputy Benfield hop out with his gun drawn as he and the other officers swarmed her car. Officers Barkalow and Adam Bouk and Deputy Mark Benfield then quickly approached with their guns drawn. She said she didnt realize the contingent of officers were after her. 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. Were not asking for much, Black said. Devin Barkalow M. Police Officer City Of Salisbury. Barkalow remembers how female cadets were hazed and harassed back then. 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. 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.. 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. It was late August, Officer Wilson and Detective Devin Barkalow rushed to the 700 block of Second Street where they saw a man leaning up against the front door of a duplex. 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. let's integrate. The case status is Disposed - Other Disposed. Bottom appeared befuddled at the officers aggressive response. 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. Contact reporter Natalie Anderson at 704-797-4246. 2023001599. Didnt want to get shot? 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. Constitutional carry bill aims to eliminate handgun permits, Medic: Teen dead, driver seriously injured in crash on I-485 in west Charlotte, PLAN AHEAD: Latest Weather Forecast Video. If you have trouble with any of the links above, please contact the user who provided them. 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. Bottom claims the officers refused to get her medical treatment even as she told them she was in pain, according to the lawsuit. But here, that is kind of the main way that people interact with police, Mance added. The LawsuitBottoms lawsuit claims officers used excessive force when they approached her at gunpoint and when they dragged her out of her SUV. What have I done wrong? Published 10:05 am Thursday, April 22, 2021. Former Salisbury Police officer Devin Barkalow is accused of pulling Bottom out of the vehicle by her hair. Devin Barkalow is 36 years old, and lives in WI. 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. Her lawyers claim the officers reckless actions aggravated an old injury and caused Bottoms shoulder to pop as the officers handcuffed her. Bottom claimed she was driving 70 mph or 75 mph with her music turned up so loudly that she couldnt hear the sirens. One of the officers named in the lawsuit, Barkalow, declined to comment, but said he no longer works for the police department. She had her hands up and was attempting to exit the vehicle, but it was difficult to do so quickly because of her age and medical conditions. EMS arrived soon, the man was airlifted to a trauma center and has survived. 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. 2/26/2023 3:37:00 AM. Constitutional carry bill aims to eliminate handgun permits, Medic: Teen dead, driver seriously injured in crash on I-485 in west Charlotte, PLAN AHEAD: Latest Weather Forecast Video. 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. The force applied by the officers caused Bottom's "shoulder to 'pop,' tearing her rotator cuff and causing severe injury," according to the lawsuit. 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. She really looked confused and scared if anything. The company has 1 contact on record. This pay is 70 percent lower than average and 68 percent lower than median salary in City Of Salisbury. Derek Chauvin trial juror details courtroom experience, deliberations: 'You're watching somebody die on a daily basis'. He is a white male registered to vote in Cabarrus County, North Carolina. 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.". 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 statements recorded by his body . 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. Her shoulder has never fully healed and the incident left her with permanent damage. 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 . It was my understanding that they are taught to be observant of people. Detective Barkalow is currentlyworking in an undercover capacity and was not available for an interview or picture. 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. 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 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 . The suit alleges that in his official capacity he "approved and condoned the unlawful behavior.". State Representative - MICHAEL DEvIN Capitol Address: Home Address: House of Representatives 1 Hillcrest Rd. 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. "With each pump of his heart you could just see it coming out," Wilson added. Body camera footage shows Benfield pulling Bottom out of the vehicle by her arm. 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