CNN has reached out to Rowan County Sheriff's Department for comment but has not yet heard back. Four law enforcement officers are named in the federal lawsuit filed in US District Court for the Middle District of North Carolina. Stephanie Bottom was making the six-hour trek from Atlanta to Raleigh, North Carolina, to attend her aunts funeral. So when things go wrong with the police, that is very often in the context of traffic stops.. Defendant. 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. Other sheriffs deputies and police officers joined the chase. The other officers did not respond to requests for comment. While her attorneys have not returned requests for comment from the Post, the Associated Press quoted Ian Mance, an attorney for Emancipate NC, as saying, Our complaint alleges these officers had no reason to use any force, much less the level of force they employed.. . CNN has reached out to Rowan County Sheriff's Department for comment but has not yet heard back. 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. Devin Barkalow M Overview. 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 . 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. The suit says she was going 10 mph over the speed limit 80 mph in a 70 mph zone. 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. 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. 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. Sgt. 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. How many more Black and brown people are going to be hurt and killed by the hands of officers, Miller said. 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. But she added the data showing Black and brown individuals are disproportionately subject to police violence cannot be overlooked. 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. "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. The suit alleges that in his official capacity he "approved and condoned the unlawful behavior.". He was uninjured in the incident. Jacob Linn (1825-1878) was a gunsmith, business owner, Bexar County commissioner, landowner, and rancher. The two other charges were dismissed. 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 fourth officer named in the lawsuit is Rowan County Sheriff Kevin Auten. "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. 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. Officers then handcuffed Garcia, who police said "exhibited signs of being under the influence." Thats good police work, baby, he said, according to body-cam footage. And thank God they had to wear body cams or we still wouldnt know what happened., Rev. snip. 2023001600. Law enforcement officers and sheriffs deputies are held to a certain standard and they should live up to that standard.. Those we have entrusted to keep us safe. It was my understanding that they are taught to be observant of people. Following the public comments, Mayor Pro Tem Al Heggins asked the city council to find a way to address the concerns and deliver transparency. Sifford was recently indicted on murder charges from a 2014death investigation. The Registered Agent on file for this company is Devin Michael Barkalow and is located at W8944 Archer Rd, Wild Rose, WI 54984. 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. 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. The fourth officer named in the lawsuit is Rowan County Sheriff Kevin Auten. In situations like this, theyre so serious. 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. Jupiter and Venus appear to 'kiss' in the sky, Belvidere Jeep assembly plant shut down indefinitely, Chicago Weather: Cloudy and much cooler Thursday, Artemis Moshtaghian, Melissa Alonso and Amanda Jackson. COUNTY JAIL DOCKET (The following people were booked into the Volusia County Branch Jail on felony charges yet to be proven in court. The Rowan County Sheriffs Office report does not address actions by Salisbury Police officer Barkalow. 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. 2/26/2023 3:37:00 AM. 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 . Shes asking for damages and an injunction against the policies and practices in which the officers engaged while taking her into custody. The man was later identified as William Scott Kerr, Jr., 31. Bottom appeared befuddled at the officers aggressive response. He identified her on the radio as "an older Black female." A frustrated Barkalow called. 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. 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. 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. All rights reserved. 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. Derek Barkalow Found. Represented By. In a June 2019 review of the incident, Sgt. 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. PATRICK G. SPAUGH Womble Bond Dickinson (us) LLP contact info. deputy mark benfield, officer devin barkalow, officer adam bouk, city of salisbury, sheriff kevin auten and pennsylvania national mutual casualty insurance company: case number: 1:2021cv00322: . The allegations were first reported by the Charlotte Observer. 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. 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 company's filing status is listed as Organized and its File Number is B101474. 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.. Contact reporter Natalie Anderson at 704-797-4246. Adam Bouk of the Salisbury Police Department placed a handcuff on Bottom's left. 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. 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.. On 02/15/2022 STEPHANIE IVETTE CARRASQUILLO filed a Family - Other Family lawsuit against KYLE DEVIN BARKALOW. She also said she was playing loud music in her car and didnt realize police were trying to stop her. This is a military officer and this is a woman, the two pictures are saying. This was this was a very traumatic thing for her to go through, Mance said. Sgt. "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. 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. Create an account to follow your favorite communities and start taking part in conversations. I am exhausted with seeing Black bodies abused, tortured and sometimes killed by police officers for minor traffic infractions or other incidents that should not end in death, Dancy said. "That was very disturbing . As for the other demands, Black said he thinks those could be delivered upon easily. She had to be hospitalized and undergo surgery for a torn rotator cuff. Bottom is seeking a jury trial, compensatory and punitive damages as well as court costs and attorneys fees. Paramedics were eventually called to the scene. Former Salisbury Police officer Devin Barkalow is accused of pulling Bottom out of the vehicle by her hair. 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 officers then decided not to charge Bottom to avoid paying the cost of her hospital bills, her attorneys allege. She was "terrified," according to the lawsuit, as officers shouted at her to exit the vehicle. According to the complaint, Bottom was unarmed and posed no threat. She says she had her music turned up loudly and was listening to tunes as she made the journey. 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. Eventually, Bottom received medical attention at the scene and was taken to the hospital, the lawsuit says. I think we all kind of saw this case the same way, which is this was an egregious example of excessive force. 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. 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 Salisbury Police Department says the State Bureau of Investigation has declined to review the incident. But she said women have made progress since, even in light of the scandal, in which members of an online group allegedly shared or commented on images of nude or semi-clad female Marines. OFFICER DEVIN BARKALOW. The car was stopped when they apprehended her. She also recommended watching the film Driving While Black.. The case status is Disposed - Other Disposed. 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