Posted on 01/04/2003 1:21:52 AM PST by JohnHuang2
Losing your wallet in Cookeville, Tenn., can get you handcuffed on the side of the highway and your dog shot to death by police – at least, that was the experience of a North Carolina family returning from a vacation in Nashville.
James Smoak apparently left his wallet on the roof of the family station wagon New Year's Day while getting gas prior to pulling onto Interstate 40, reports the Cookeville Herald-Citizen.
He discovered it was missing after three police cars swarmed his vehicle in what appeared to be a traffic stop.
But this was no ordinary traffic stop.
According to Smoak, a Tennessee Highway Patrol officer broadcast orders over a bullhorn for him to toss the keys out of the car window, get out with his hands up and walk backwards to the rear of the car. Smoak obeyed and was subsequently ordered onto his knees and handcuffed at gunpoint. Officers similarly handcuffed his wife, Pamela, and their 17-year-old son with their guns drawn.
As the troopers were putting the family members inside the patrol car, one of the Smoak family bulldogs came out of the car and headed toward one of the Cookeville officers who were assisting the THP troopers.
"That officer had a flashlight on his shotgun, and the dog was going toward that light, and the officer shot him, just blew his head off," Pamela Smoak told the Herald-Citizen. "We had begged them to shut the car doors so our dogs wouldn't get out, [but] they didn't do that."
Cookeville Police Officer Eric Hall later defended his actions to the Herald-Citizen.
"A dog, I believe to be a pit-bull, jumped from the suspect vehicle, singled me out from the other officers, and charged toward me growling in an aggressive manner, Hall described.
"I yelled at the dog to 'get back' but it attempted to circle me to attack, so I felt that I had no other option but to protect myself. I fired once at the dog, instantly putting him down," he continued.
Following the slaying of the dog, it was some time before the family learned why they had been stopped. At one point, a state trooper told them they "matched the description" in a robbery that had occurred in Davidson County.
It was a while longer before someone in authority figured out that the officers had stopped and were holding the very family that someone in Davidson County had assumed had been robbed.
"Finally, they asked me my name and I told them my name, date of birth and other information, and they talked by radio to someone in Davidson County and finally realized that a mistake had been made," James Smoak said.
The 38-year-old said the officers then told them they were released and apologized.
"A lady in Davidson County had seen that wallet fly off our car and had seen money coming out of it and going all over the road, and somehow that became a felony and they made a felony stop, but no robbery or felony had happened," Pamela Smoak said.
"Here we are just a family on vacation, and we had to suffer this," James Smoak added.
Beth Womack, a THP spokesperson in Nashville, told the Herald-Citizen an internal affairs investigation is underway and that every effort will be made to "find out exactly what happened and why."
"As I understand it," she said, "a report was made in Davidson County to our officers that this car had been seen leaving at a high rate of speed and that a significant amount of money had come out of the car and someone became suspicious," she said.
An internal investigation is also underway at the Cookeville Police Department.
On Friday, Chief Bob Terry issued a statement stressing the department was called in as back-up by the Tennessee Highway Patrol and the officers' role was "secondary to what the THP termed as a 'felony' stop, a possible car-jacking."
"Unfortunately, during the THP's process of gaining control of the situation, a very rare thing occurred," Terry's statement continued. "The Smoaks had been traveling with family dogs, and one of them got loose. ... it clearly approached one of our officers in a threatening manner. Our officer first tried to call the dog down, but after it kept approaching aggressively and started to circle him, the officer took the only action he could to protect himself and gain control of the situation."
Get used to tasting asphalt, or boot leather.
My nomination for the POST of the WEEK!
I'm not sure about the state this happened in, but here in Massachusetts, State law caps dmages to $100,000 for public sector workers. This example is a good reason why public employees should be made to carry million dollar premiums at their own expense. Maybe, if they footed the insurance premiums and got stung with a few liabilty suits, they would learn ethics about thier jobs. Thats the way it works in the private sector.
Felony Stop Traumatizes Family
Best regards,
What gave you the idea that I am taking everything as "racist."?
Of course I know there are simply good and bad cops of all races.
But I also know there are racist cops just like there are racist people.
And I've often seen a profound difference in how I've been treated by some cops (and others) when I've been with my black friends compared to when I've been with my white friends.
But the fact that I've encountered racism at times still doesn't mean I take "everything" as racist.
Quite the opposite. I don't expect racism and it surprises me when I do encounter it.
I will only imagine it I will not live to see it.
Stay well - Stay safe - Stay armed - Yorktown
I have to disagree. Bullies just have a mind of their own, but they're very smart. And as agressive as marshmallows.
I think General Patton said it best: It is not your job to die for your country. It is your job to make the other son-of-a-gun die for HIS country.
Just a thought.
Best regards,
Yep..., and there are more than a few out there....
I was driving a rental car that I was issued from LAX, which had Arizona plates, and I had a drivers license from Michigan. These two knuckleheads between them couldn't figure out how this could happen. The first cop called for backup by the second cop, and both looked at the rental agreement (it matched the license plates), my drivers license, and my flight tickets for about 20 minutes. These two bozos were hell-bent conviced that I had stolen the car. These idiots took turns questioning me separately to see if I would change my story.
After about 15 more minutes on the horn to the "brains" back at the station, they finally dropped the veiled accusation of theft. But they had to cover for their abject stupidity, so I got a ticket for jawwalking. Months later, it was Rodney King time.
LOL.I guess that is one way of putting it.
Looks like you need more training from the Nashville P.D.
Let me guess, your learned how to write reports from Nashville P.D.? You make it so clear and consice.
Sounds like they are covering their tails and trying to pass off responsibility to the Tennessee Highway Patrol
http://www.cookevillepolice.com/
Rarely do we like to issue statements regarding a situation that's under investigation. But in an attempt to help clarify some of the information that has already been made public, I would like to share with the citizens of Cookeville what we currently know about the I-40 incident regarding the Smoak family as they traveled through here on Jan 1.
The first thing I would like to address is the fact that the Cookeville Police Department was called in as back-up by the Tennessee Highway Patrol on this matter. Based on the information we were provided, our role was secondary to what the THP termed as a "felony" stop, a possible car-jacking. We provided this back-up, and were never in primary control of the scene.
Unfortunately, during the THP's process of gaining control of the situation, a very rare thing occured. The Smoaks had been traveling with family dogs, and one of them got loose. It appeared to be a pit bull, and as it exited the car, it clearly approached one of our officers in a threatening manner. Our officer first tried to call the dog down, but after it kept approaching aggressively and started to circle him, the officer took the only action he could to protect himself and gain control of the situation.
I know the officer wishes that circumstances could have been different so he could have prevented shooting the dog. It is never gratifying to have to put an animal down, especially a family pet, and the officer assures me that he never displayed any satisfaction in doing so.
Before the Smoak family left Cookeville, I, along with our Vice-Mayor, met with them personally to convey our deepest sympathies for their loss and for their experience. No one wants to experience this kind of thing, and it's very unfortunate that it occurred. If we had the benefit of hindsight, I'm sure some - if not all of this - could have been avoided. I believe the Tennessee Highway Patrol feels the same way.
Our investigation is underway to determine what, if anything, could have been done differently. We will also continue to be in contact with this family. I know it's small consolation to the Smoaks, but we want to learn from this situation and try to make sure it never happens again.
Chief Robert E. Terry
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.