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Family Taking Legal Action After Police Shoot Their Dog During Mistaken Stop
AP | 1/09/03

Posted on 01/10/2003 1:38:54 AM PST by kattracks

COOKEVILLE, Tennessee — A family has filed multiple complaints after police mistakenly pulled them over as robbery suspects, then shot and killed their dog as it bounded from the car.

A tape released by authorities Wednesday documents the incident, which began when a Tennessee state trooper and three Cookeville police cars pulled over James Smoak and his family as they drove home Jan. 1 from a vacation.

The trooper suspected the Smoaks' dark green station wagon was connected to a robbery, Tennessee Highway Patrol officials said.

Troopers ordered the family out of the car, and the video shows James and Pamela Smoak and their 17-year-old son, Brandon, obeying. They came out with their hands up, got down and were handcuffed.

About a minute after the traffic stop, one of the dogs — a bulldog-boxer mix named Patton — jumped from the car and raced toward Cookeville police officer Eric Hall, who was holding a shotgun. The tape shows that Hall stepped back and fired just before Patton reached him.

The dog appeared to be wagging its tail as it ran toward the officer, the tape shows.

Patton died from the shotgun blast. And as it turns out, the Smoaks had not committed a crime at all.

Police had suspected them based on a report of money flying from their car as it sped down Interstate 40. They later discovered Smoak had simply left his wallet on the car while pumping gas.

Smoak, of Saluda, North Carolina, declined comment Wednesday. He said he is pursuing legal action and has been advised not to discuss the case. The Smoaks have filed complaints with all agencies involved in the stop.

Hall, the officer who shot the dog, has contended he had no choice when the animal charged him.

He has been reassigned to administrative duties pending an independent review. But the Cookeville Police Department's internal investigation found that Hall did not use excessive force.



TOPICS: Culture/Society; Extended News; Front Page News; News/Current Events
KEYWORDS: dumbbastards
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1 posted on 01/10/2003 1:38:54 AM PST by kattracks
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To: kattracks
Nice sanitized article from the AP
2 posted on 01/10/2003 1:47:20 AM PST by JZoback
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To: kattracks
The Smoak family should sue the Kooksville, Tennessee Police Dept. for everything they've got.
3 posted on 01/10/2003 3:08:10 AM PST by 4Freedom (Leash-laws are strictly enforced in Kooksville, Tennessee!)
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To: 4Freedom
Absolutely.
4 posted on 01/10/2003 3:12:12 AM PST by RWG
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To: 4Freedom
The Smoak family should sue the Kooksville, Tennessee Police Dept. for everything they've got.

So true. Cops today are a citizens worst enemy, next to street vermin.

Why did they cuff them on their knees in the road?

It was said they laughed when they blew the dogs head off.

Cops are un-elected PC hacks who raise municipal revenue... nothing more.

5 posted on 01/10/2003 3:37:22 AM PST by johnny7 (Spread'm! Hands on the hood!)
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To: kattracks
But the Cookeville Police Department's internal investigation found that Hall did not use excessive force.

Looks like Cookeville needs more ex-cops than just Hall.

6 posted on 01/10/2003 3:41:33 AM PST by per loin
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To: johnny7
On top of that, It was reported yesterday on the afternoon talk show (WBT 1110 AM, Charlotte NC) that the highway Patrol had recovered his wallet PRIOR to pulling the Smoaks over.
Additionally, it can be heard on tape the Smoaks pleading for the cops to close the doors so the dogs won't get out.

WBT has the video up on their web page as of last night
8 posted on 01/10/2003 6:31:53 AM PST by Robe
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To: kattracks
SUE those good for nothing rights violators right into bankruptcy!It's not a matter of whether its legal to shoot a dog but a matter of the ability to excerise good judgement and was it the moral thing to do!This video proves their guilt beyond any doubt.
9 posted on 01/10/2003 7:35:08 AM PST by INSENSITIVE GUY
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Comment #11 Removed by Moderator

To: kattracks
This just goes to show that your dog is much more likely to be shot by police than by an armed citizen.
12 posted on 01/10/2003 7:55:53 AM PST by CCWoody
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To: johnny7
Sometimes the cops aren't much better than the people they are arresting.
14 posted on 01/10/2003 8:29:47 AM PST by mel
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To: Robe
I know you can hear them clearly begging for them to shut the door so the dogs won't get out.
15 posted on 01/10/2003 8:30:24 AM PST by mel
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To: kattracks
Go here to another story about this incident. At the very bottom of the page, you will see a link to a discussion about the shooting. Giving that the site is a local TN news source, this should be mostly 'locals' talking, who know what cops in the area are like-maybe even this particular cop.
16 posted on 01/10/2003 8:33:49 AM PST by kaylar
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To: mel
Looks like a product of the government schools.
17 posted on 01/10/2003 8:36:01 AM PST by oyez
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To: WORLD SUCKELS USAS BREAST
"Ok, just want to be clear that you are not using our tax money for any police services for you."

If you're going to disrupt and be a wise-ass, at least do it with some class. Your "question" was gratuitous (look it up) on its face and makes absolutley no sense.

How does complaining about a case of alleged police misconduct rise to the level of rejecting services that one has paid for (i.e', our tax money) through excessive taxation, anyway?

Confucius say: "When stone thrown into flock of swans, bird squaking loudest is swan hit with stone." If you are LEO who rightly is sick and tired of being dumped on by an ignorant and unappreciative public, my hat sincerely is off to you after a snappy salute.

BTW/FWIW, I have doubts as to whether the officer which shot the dog was totally in the wrong. He apparently had only a split second to make a decision concerning protecting his own life and limb. Adrenaline can be your friend or a fearsome master, and it is not possible to predict how anyone will react in a given situation.

Indeed, a dog who enjoys combat often wags his tail prior to and during an attack -- as I (wearing heavy padding) learned in the process of being properly nailed by a large K-9 during a training exercise.

That said, the thought of a dog being blown away by 00 buckshot makes the stomach of this animal lover churn....

Tears and prayers for the family, the LEO, and the dog. Anyway, all the best, pahdnuh....

18 posted on 01/10/2003 8:54:51 AM PST by tracer
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To: viligantcitizen
Ping.
19 posted on 01/10/2003 8:55:01 AM PST by FreedomPoster (This space intentionally blank)
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To: WORLD SUCKELS USAS BREAST
no, i wont be calling the SOB's, there is no situation which a jbt cant make worse by showing up....
20 posted on 01/10/2003 8:57:50 AM PST by Capt.YankeeMike
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