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. BARKALOW LANDSCAPING LLC is a Wisconsin Domestic Limited-Liability Company filed on March 4, 2021. 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. 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. She had to be hospitalized and undergo surgery for a torn rotator cuff. 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. Prescription Drugs - Possess Prescription Drugs. Bottom claims the officers refused to get her medical treatment even as she told them she was in pain, according to the lawsuit. Black said the Salisbury-Rowan NAACPs legal redress committee came together to craft the wording and demands made in the letter after analyzing the available camera footage of the incident. And if the two concepts seem to conflict -- well, yes, they sometimes do, but Carol Barkalow, 31, wants you to know . 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. Derek Barkalow. We found 5 entries for Derek Barkalow in the United States. An internal investigation is pending. Bottom was not driving recklessly, she didnt lead officers on a high-speed chase, and she never intentionally tried to elude them, her attorneys contend. A subreddit dedicated to people freaking out, melting down, losing their cool, or being weird in public. Then police yanked the 68-year-old Atlanta woman out of her drivers seat by her hair, according to a federal lawsuit. See the correctional supervision record for Kyle Devin Barkalow, who is or was recently under the supervision of the department of corrections in the state of Florida. 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. Bottom is seeking a jury trial, compensatory and punitive damages as well as court costs and attorneys fees. One of the officers named in the lawsuit, Barkalow, declined to comment, but said he no longer works for the police department. Authorities scoffed at her explanation, finding it hard to believe she didnt notice them for 10 miles. 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. When she asked for medical assistance, she estimated that an hour elapsed before officers called for help, the lawsuit said. The officers then decided not to charge Bottom to avoid paying the cost of her hospital bills, her attorneys allege. Sifford was recently indicted on murder charges from a 2014death investigation. The Salisbury Police Department says the State Bureau of Investigation has declined to review the incident. Ummm dont think there are usually like a dozen police cars for a traffic stop obviously something else is going on here. Contribute to Atlanta Black Star today and help us share our narratives. "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. 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 . Bottoms lawsuit indicates Barkalow also aimed his weapon at her. 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. View Devin B. The video was released to the Charlotte Observer by Bottoms attorneys, but has not been released publicly. Published 10:05 am Thursday, April 22, 2021. Thats good police work, baby, he said, according to body-cam footage. Bailey reminded the public that the Salisbury Police Departments use of force policies are available on the citys website. The lawsuit also alleges violations of constitutional amendments about unlawful searches and seizures, saying evidence found in the car would not support charges for speeding. Police say he got out of the car, ran, and was caught. 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. 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.". 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 . She alleges officers assaulted her and unlawfully searched her SUV during the chaotic ordeal. "With every twist of the tourniquet I could see the blood flow gradually stopping and then you actually watch it come down to just a slow trickle like a finger cut or something," Wilson added. Shouldnt have been stupid. The LawsuitBottoms lawsuit claims officers used excessive force when they approached her at gunpoint and when they dragged her out of her SUV. The case status is Disposed - Other Disposed. An officer pulled alongside Bottom's SUV at one point during the chase and looked inside her vehicle. 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. 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. 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.. 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. 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. According to the Post, the officers named in the suit have been identified as Devin Barkalow, Adam Bouk and Rowan County Sheriff's deputy Mark Benfield. 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. 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. Relatives & Associates. What have I done wrong? Bottom cried out, growing increasingly incredulous. 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 asks for a jury trial, compensatory and punitive damages as well as court costs and attorneys fees. 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. He took a job with federal law enforcement in February 2020,. She then proceeded to take them on a 10 mile chase. 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. 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.. Devin Barkalow M. Police Officer City Of Salisbury. She was "terrified," according to the lawsuit, as officers shouted at her to exit the vehicle. Efforts to reach the officers and Rowan County Sheriff Kevin Auten were unsuccessful. Other sheriffs deputies and police officers joined the chase before a tire deflation device was used near Davidson County Airport. An officer pulled alongside Bottoms SUV at one point during the chase and looked inside her vehicle. Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), declined to comment to the Charlotte Observer, School board questions why payroll issue took so long to resolve, Taking them back: Alumni cherish photo project, Salisbury High assembly, Medical marijuana passes in NC senate, Ford votes no, John Carr: Post switching to mail delivery next week. 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. They are flat. Some of the other officers congratulated each other for a job well done, the lawsuit alleges. Officers Barkalow and Bouk picked up by her arms, inflicting additional pain to her shoulder, forced her to stand and put her in the back of a patrol car, according to the lawsuit. 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. 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. 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. The Registered Agent on file for this company is Devin Michael Barkalow and is located at W8944 Archer Rd, Wild Rose, WI 54984. City attorney Graham Corriher said he will continue working with the citys communications department and City Manager Lane Bailey to deliver information about the incident that can be publicly disclosed. SCOTT D. MACLATCHIE Hall Booth Smith, P.C. He is a white male registered to vote in Cabarrus County, North Carolina. Her lawyers claim the officers reckless actions aggravated an old injury and caused Bottoms shoulder to pop as the officers handcuffed her. Black said he has not yet received any communication back about the letter, but mentioned that it was only sent out on Saturday. We know that North Carolina has really widespread and entrenched, pronounced racial disparities in terms of the way that black and white motorists are policed, he said. Wed write you a ticket. CNN has reached out to Rowan County Sheriff's Department for comment but has not yet heard back. Two Salisbury Police officers honored for life-saving actions, N.C. The lawsuit, which requests a jury trial, alleges two officers grabbed Bottom by her arm and her hair, later throwing her out of the vehicle and on to the ground. 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. 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. Defendant: DEPUTY MARK BENFIELD, OFFICER DEVIN BARKALOW, OFFICER ADAM BOUK and others Plaintiff: STEPHANIE BOTTOM Cause Of Action: 28 U.S.C. 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. In addition to officers involved in the stop, the lawsuit names Rowan County Sheriff Kevin Auten and Pennsylvania National Mutual Casualty Insurance Company. 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. 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, now 68 years old, is a Black librarian. 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. Were asking for simple things that should already be in place.. 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. This is a military officer and this is a woman, the two pictures are saying. Devin Barkalow is 36 years old, and lives in WI. Helping a Hero is a charity that builds specialized homes for injured service members. Theres nothing that can justify how she was pulled out of the car, but what led up to that?. 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. "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. Officers Barkalow and Bouk picked up by her arms, inflicting additional pain to her shoulder, forced her to stand and put her in the back of a patrol car, according to the lawsuit. 25.2k members in the USNEWS community. Arrest warrants have been issued for both . Bouk yelled that theyd been following her trying to get her to stop for over 10 miles. 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. 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. Eventually, Bottom received medical attention at the scene and was taken to the hospital, the lawsuit says. 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 . Devin Michael Barkalow is listed at 3579 Farm Lake Dr Sw Concord, Nc 28027 and is affiliated with the Republican Party. 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. Cars are extremely dangerous in the wrong hands, and just in general. Sheriff Kevin Auten is named only in his official capacity as the sheriff and is not alleged to have been involved in the incident. Bottom had surgery to repair the tear but the injury prevents her from raising her left arm above her head. I know she did not apparently have medical issues but they should have checked her over first before slamming her to the ground. Black said he was frustrated with the fact that the incident and the impending lawsuit were only brought to light recently. Devin Barkalow currently lives in Concord, NC; in the past Devin has also lived in Chesterland OH and Salisbury NC. Atlanta Black Star is a narrative company. Other sheriffs deputies and police officers joined the chase. Bottom would later be charged with speeding, failure to heed to blue lights and resisting, delaying and obstructing an officer. Designed for military use, more and more police officers are carrying them. Eventually, Bottom received medical attention at the scene and was taken to the hospital, the lawsuit says. She is requesting a jury trial, compensatory and punitive damages and the costs of court and attorney fees to be covered. 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. It was my understanding that they are taught to be observant of people. 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 Willock, who was an offensive lineman for the Bulldogs, . The suit says she was going 10 mph over the speed limit 80 mph in a 70 mph zone. 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. She also recommended watching the film Driving While Black.. Bodycam footage showed he also said it was an exciting chase and commented that he was at the edge of his seat.. 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. Body camera footage shows Benfield pulling Bottom out of the vehicle by her arm. Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), School board questions why payroll issue took so long to resolve, Taking them back: Alumni cherish photo project, Salisbury High assembly, Medical marijuana passes in NC senate, Ford votes no, John Carr: Post switching to mail delivery next week. Bottom appeared befuddled at the officers aggressive response. The fourth officer named in the lawsuit is Rowan County Sheriff Kevin Auten. "I was sitting at a red light at the square in here in Salisbury when the call came in that we had a gunshot victim," said Master Police Officer Joe Wilson. Read the full court filing by clicking here. He said he was particularly struck by officers brutal treatment of an elderly woman who was unarmed and showed no signs of being violent. 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. 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 . The Salisbury Police Department and Rowan County Sheriffs Office could not be reached for comment by publication time. Background Search . Elderly Black woman says police used excessive force during traffic stop. Lawsuit to be filed against police after Calif. man dies while being restrained by police. A spokesman for the city of Salisbury also declined to comment about the incident. The second officer at the scene, Devin Brosnan, faces an aggravated assault charge for allegedly standing on Brooks' shoulders in the parking lot. 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. 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. 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. 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. It was very frightening. Child Endangerment/abuse-non Serious Inj; Domestic Abuse Assault Impeding Flow Of Air/Blood; Domestic Abuse Assault-Injury Or Mental Illness-1st. Devin Barkalow M Overview. So when things go wrong with the police, that is very often in the context of traffic stops.. The force applied by the officers caused Bottom's "shoulder to 'pop,' tearing her rotator cuff and causing severe injury," according to the lawsuit. Salisbury police. I dont understand how they do it in Georgia, but thats not how its done here.. 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 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 lawsuit seeks monetary damages for the alleged use of excessive force and unlawful search of the plaintiff's purse and vehicle. 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.". Four law enforcement officers are named in the federal lawsuit filed in US District Court for the Middle District of North Carolina. 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 . "It means a lot, but at the same time it's not really necessary, I was just doing my job," Wilson said. Durham, NC 27707 Defendant Attorney NED A. STILES Attorney at STILES BYRUM & HORNE, LLP DEPUTY MARK BENFIELD. Detective Barkalow is currentlyworking in an undercover capacity and was not available for an interview or picture. 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. Benfield, Bouk and Barkalow pinned her to the ground with their arms and knees on Bottoms back, the lawsuit alleges. attempted to drive around the Stop Sticks that were used to deflate her tires. When Bottom appeared in court, she pleaded guilty to the failure to heed blue lights charge. It caused her a very significant injury that required surgery, that required her to spend time in the hospital. 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. The suit says she was going 10 mph over the speed limit 80 mph in a 70 mph zone. A Salisbury police officer involved in the stop bragged about grabbing a handful of dreads, and said at that point she earned it,' the lawsuit said, citing footage from the officers body camera. 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. Ms. The Rowan County Sheriffs Office report does not address actions by Salisbury Police officer Barkalow. Derek Barkalow Found. 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. She was "terrified," according to the lawsuit, as officers shouted at her to exit the vehicle. 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. Four law enforcement officers are named in the federal lawsuit filed in US District Court for the Middle District of North Carolina. CNN has reached out to Rowan County Sheriff's Department for comment but has not yet heard back. Bodycam footage showed Deputy Benfield hop out with his gun drawn as he and the other officers swarmed her car. The lawsuit names Benfield and Barkalow as the two officers who did this. She really looked confused and scared if anything. 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 camera that Bottom was a "f**king retard" and a "douche bag," according to the body camera footage. Someone non compliant whos in operation of a vehicle needs to be stopped immediately, it wasnt her color or age, it was her actions. During the interaction, Cuthbertson swung his helmet, striking Officer B. W. Jones in the face. In addition to calling for the release of video footage, the Salisbury-Rowan NAACP is demanding a transparent investigation into the incident. 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. All rights reserved. Carter denied racing to the officer, who observed no signs that the 310-pound defensive lineman had been drinking, according to . 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. The suit alleges that in his official capacity he "approved and condoned the unlawful behavior.". Those we have entrusted to keep us safe. We need law enforcement to serve and protect. 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. 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. Involved in the context of traffic stops on a 10 mile chase when they her... 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