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. Sgt. The man was later identified as William Scott Kerr, Jr., 31. Copyright 2017 WBTV. shows Benfield, who approached the car initially with a weapon raised, pulling Bottom out of the vehicle by the arm. Bottoms vehicle stopped on left shoulder after the tires deflated. I work as a paramedic and people have literally brake checked us while going emergent. attempted to drive around the Stop Sticks that were used to deflate her tires. Bottom, now 68 years old, is a Black librarian. Police say Sifford is facing multiple drug charges and was also charged with fleeing to elude arrest in a motor 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 camera that Bottom was a "f**king retard" and a "douche bag," according to the body camera footage. The suit alleges that in his official capacity he "approved and condoned the unlawful behavior.". 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. 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. She is requesting a jury trial, compensatory and punitive damages and the costs of court and attorney fees to be covered. Ummm dont think there are usually like a dozen police cars for a traffic stop obviously something else is going on here. 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. Everyone take a close look at the video. The man had been shot twice. Alexander agreed with discussing use of force policies, but reminded the public that the incident happened two years ago and city council members are unsure at this time if something had been done to address the issue already. Bottom pleaded guilty to failing to heed blue lights. Lawsuit to be filed against police after Calif. man dies while being restrained by police. She thought the police were attempting to stop another motorist on the interstate, and claims her music drowned out the sirens. All rights reserved. Other sheriffs deputies and police officers joined the chase. Arrest warrants have been issued for both . 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. 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. And the departments did not seem inclined to take action to hold these officers accountable. 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. Our complaint alleges these officers had no reason to use any force, much less the level of force they employed. She had to miss a significant amount of work. 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. 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. As for the other demands, Black said he thinks those could be delivered upon easily. Bottom didnt think she was speeding and claims she didnt realize she was being pulled over. Video shows officers pulling Bottoms arms behind her back. 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. You turned it into this.. Attorneys for Bottom released video to the Charlotte Observer. What have I done wrong? Bottom cried out, growing increasingly incredulous. Background Search . 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. She said she didnt realize the contingent of officers were after her. 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 . snip. JAMES R. MORGAN, JR. Womble Bond Dickinson (us) LLP contact info. Former Salisbury Police officer Devin Barkalow is accused of pulling Bottom out of the vehicle by her hair. Bottoms attorneys also argue that officers were deliberately indifferent to the womans pain. 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. One of the officers named in the lawsuit, former Salisbury Police Department officer Devin Barkalow, declined to talk about the complaint, referring a reporter to the department. 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. The company has 1 contact on record. I know she did not apparently have medical issues but they should have checked her over first before slamming her to the ground. And they did their jobs while bullets were flying around them and a gunman was on the loose. Following the public comments, Mayor Pro Tem Al Heggins asked the city council to find a way to address the concerns and deliver transparency. 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. 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. Lawsuit to be filed against police after Calif. man dies while being restrained by police. 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. 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. 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 video was released to the Charlotte Observer by Bottoms attorneys, but has not been released publicly. During the interaction, Cuthbertson swung his helmet, striking Officer B. W. Jones in the face. One of the officers was dismissed, and the Virginia attorney general launched a civil rights probe. Court: Fourth Circuit North Carolina US District . 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. 'White privilege and entitlement:' NC city official fired after refusing to address woman by doctoral title. 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. COUNTY JAIL DOCKET (The following people were booked into the Volusia County Branch Jail on felony charges yet to be proven in court. BARKALOW LANDSCAPING LLC is a Wisconsin Domestic Limited-Liability Company filed on March 4, 2021. 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. 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. 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. 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. Thats not the case in a lot of states. Mance said that was one of the reasons Emancipate North Carolina opted to take on Bottoms case. 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. 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. Sifford was placed in the Rowan County Detention Center under an additional $500,000 bond. One of the police officers who no longer works for the Salisbury Police Department declined to comment when contacted by the Charlotte Observer. 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. They invoke such fear and distrust that we as a council have to think of a way in which we can respond, Heggins said. 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. 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. 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. 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. Police say he got out of the car, ran, and was caught. Smith pulled ahead of Bottom at one point and laid down a spike strip to flatten her SUVs tires. 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. Create an account to follow your favorite communities and start taking part in conversations. 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. Help us to change these archaic laws.. This case was filed in Seminole County Courts, Not Classified By Court located in Seminole, Florida. 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. Bottom is being represented by Scott Holmes, professor of the Civil Litigation Clinic, a program for third-year law-school students at the North Carolina Central University. He is a white male registered to vote in Cabarrus County, North Carolina. 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. Designed for military use, more and more police officers are carrying them. 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 Judge overseeing this case is WAYNE CULVER. SALISBURY, NC (WBTV) - Two Salisbury police officers were honored as lifesavers for their work in saving a man who had been shot twice and was bleeding to death. A gray-headed, Black lady driving 10 miles over the speed limit, Peckman said. "It means a lot, but at the same time it's not really necessary, I was just doing my job," Wilson said. Barkalow remembers how female cadets were hazed and harassed back then. 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. "We examined his legs and realized that both femoral arteries had been lacerated from the gunshot wounds. State Representative - MICHAEL DEvIN Capitol Address: Home Address: House of Representatives 1 Hillcrest Rd. So this was very disruptive to her life in many ways.. The suit alleges that in his official capacity he "approved and condoned the unlawful behavior.". Elderly Black woman says police used excessive force during traffic stop. Bottom sobbed as she sat on the ground at the side of the high gasping in pain. 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. She was also charged with speeding and resisting arrest but those were dismissed. It caused her a very significant injury that required surgery, that required her to spend time in the hospital. Law enforcement officers and sheriffs deputies are held to a certain standard and they should live up to that standard.. 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. 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. Texas State Historical Association December 18, 2019. Didnt want to get thrown out of a car? 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. 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. If you have trouble with any of the links above, please contact the user who provided them. He said he was particularly struck by officers brutal treatment of an elderly woman who was unarmed and showed no signs of being violent. 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. If youre going to argue that they shouldnt have dont that, leave her gender, race, and age out of it for fucks sake. Bouk and Benfield explained to Bottom that she refused to stop when they attempted to pull her over for speeding. 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.". Black said he isnt hopeful that the demand will be fulfilled. 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. The 68-year-old Georgia woman, Stephanie Bottom, filed the lawsuit Wednesday in federal court for North Carolinas Middle District about her treatment during the stop involving Salisbury Police and the Rowan County Sheriffs Office. Bottom claimed she was driving 70 mph or 75 mph with her music turned up so loudly that she couldnt hear the sirens. He is expected to have his first court appearance Monday. 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. We need law enforcement to serve and protect. "Why are you doing this. 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.. 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. 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. Bodycam footage showed Deputy Benfield hop out with his gun drawn as he and the other officers swarmed her car. Derek Chauvin trial juror details courtroom experience, deliberations: 'You're watching somebody die on a daily basis'. Ben Stansell covers business, county government and more for the Salisbury Post. Look at the tires in the beginning. The suit says she was going 10 mph over the speed limit 80 mph in a 70 mph zone. 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 . She was "terrified," according to the lawsuit, as officers shouted at her to exit the vehicle. 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. Other sheriff's. 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. Some of the other officers congratulated each other for a job well done, the lawsuit alleges. 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