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. Verified account Protected Tweets @; Suggested users Other sheriff's. He joined the staff in August 2020 after graduating from the University of Alabama. SCOTT D. MACLATCHIE Hall Booth Smith, P.C. He was born in Bavaria and . When she asked for medical assistance, she estimated that an hour elapsed before officers called for help, the lawsuit said. 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. Court: Fourth Circuit North Carolina US District . But they approached her vehicle with guns drawn and later violated her rights by using excessive force, the lawsuit said. 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. 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. If you have trouble with any of the links above, please contact the user who provided them. OFFICER DEVIN BARKALOW OFFICER ADAM BOUK CITY OF SALISBURY SHERIFF KEVIN AUTEN PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY Attorney/Law Firm Details Plaintiff Attorney CURTIS SCOTT HOLMES Attorney at BROCK PAYNE & MEECE, PA 3130 Hope Valley Rd. 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. The company has 1 contact on record. Lawsuit to be filed against police after Calif. man dies while being restrained by police. 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. 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. Bottom pleaded guilty to failing to heed blue lights. 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. 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. 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. against her in a 2019 traffic stop, the Salisbury-Rowan NAACP is calling for accountability and transparency from local law enforcement agencies. Youre going to jail now, the policeman responded. In the lawsuit, Bottom says law enforcement officers used excessive force, drew their. 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. The other officers swooped in and handcuffed Bottom, who yelled and writhed in pain as they yanked her arms her back to shackle her. In situations like this, theyre so serious. 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. 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. Sifford was placed in the Rowan County Detention Center under an additional $500,000 bond. Two officers on administrative duty following pursuit of murder suspect, N.C. She says she had her music turned up loudly and was listening to tunes as she made the journey. Read the full court filing by clicking here. I know that they leave their homes every shift not knowing if they will make it back safely., She continued, But this evening, I am an angry Black woman. Bouk told her a cruiser pulled right beside her vehicle at one point during the pursuit and said she endangered a whole lot of people. Authorities indicated they also had their lights and sirens flashing as well. She was cruising northbound on Interstate 85 in her Toyota Sequoia. Devin Michael Barkalow, Devin M Barkalow and Devin Michale Barkalow are some of the alias or nicknames that Devin has used. 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. Bottom is seeking a jury trial, compensatory and punitive damages as well as court costs and attorneys fees. 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. "With each pump of his heart you could just see it coming out," Wilson added. 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. The LawsuitBottoms lawsuit claims officers used excessive force when they approached her at gunpoint and when they dragged her out of her SUV. 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. She thought the police were attempting to stop another motorist on the interstate, and claims her music drowned out the sirens. The other officers did not respond to requests for comment. Police say Sifford is facing multiple drug charges and was also charged with fleeing to elude arrest in a motor vehicle. 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. Bottom had surgery to repair the tear but the injury prevents her from raising her left arm above her head. 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. Copyright 2017 WBTV. 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. Defendant. Bottom claims the officers refused to get her medical treatment even as she told them she was in pain, according to the lawsuit. 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. Olen Bruner called on city leadership to work toward and enact changes that residents elected them to address, particularly archaic laws regarding racial injustice and police brutality that city leaders can hide behind and that protect the system., My first change is stop killing us, he said. 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. Bottoms lawsuit was filed April 21 in the U.S. District Court for the Middle District of North Carolina. I think we all kind of saw this case the same way, which is this was an egregious example of excessive force. Bouk refused, while the three other officers ignored her pleas. Among other things, the report states Bottom: failed to stop for blue lights and sirens for about 14 miles and through two counties, simply threw her hands into the air when a uniformed officer pulled along side of her and motioned for her to pull over.. Child Endangerment/abuse-non Serious Inj; Domestic Abuse Assault Impeding Flow Of Air/Blood; Domestic Abuse Assault-Injury Or Mental Illness-1st. Ummm dont think there are usually like a dozen police cars for a traffic stop obviously something else is going on here. Shouldnt have been stupid. According to the lawsuit, Bottom did not believe she was driving fast and did not think the police were trying to stop her. In a June 2019 review of the incident, Sgt. 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 . ): Spencer D. Matthews, 39, Daytona Beach, habitual driving . 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. Benfield, Bouk and Barkalow pinned her to the ground with their arms and knees on Bottoms back, the lawsuit alleges. 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. 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. This should anger all of us.. Mary Walker also denounced the incident depicted in body camera footage on behalf of Women for Community Justice. Bodycam footage showed Deputy Benfield hop out with his gun drawn as he and the other officers swarmed her car. Derek Barkalow. Eventually, Bottom received medical attention at the scene and was taken to the hospital, the lawsuit says. Body camera footage showed Rowan County Sheriff's Deputy Mark Benfield and Salisbury Police Officer Devin Barkalow approaching Bottom's vehicle with guns drawn, then pulling her by the arm and hair from her vehicle to the ground. The man was later identified as William Scott Kerr, Jr., 31. The allegations were first reported by the Charlotte Observer. 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. 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. According to the lawsuit, Bottom did not believe she was driving fast and did not think the police were trying to stop her. Pretty soon, four male officers were involved in the chase. The Registered Agent on file for this company is Devin Michael Barkalow and is located at W8944 Archer Rd, Wild Rose, WI 54984. Mr Benfield and another officer, Devin. 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. For help, the Salisbury-Rowan NAACP is calling for accountability and transparency from law. 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