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To: Kevin Curry
"But there was simply no moral fault on the part of the police officers; they were responding as imperfect human beings might be expected to respond to a quickly-unfolding situation filled with unknowns."

Yes there was moral and professional fault on the part of the officers.

First, they made a felony stop on the assumptions of one lady who thought a crime may have been committed, not one the report of an actual crime.

Second, they were notified at 2:18 that there were dogs in the car and were requested to shut the door so they couldn't get out. 40 minutes later, at 3:08, the dog comes out of the car and is shot.

From here.

What if the dog had been viscious? Shouldn't the officers have inquired into securing the dog immediately upon becoming aware it was in the car with the door open?

The bottom line is these officers did not maintain control over the situation, as is their job.

364 posted on 01/09/2003 8:16:08 PM PST by Vigilantcitizen
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To: viligantcitizen
As I see it at 2:09 he told them he had a dog in the car at the same time the officer on the left finally decided to check the car and looked in with his flashlight. He should have seen the dog and advised the other officers of the dog and simply had them close the door. The car should have been "cleared" by one officer before all the cops approached the vehicle and suspects on the ground. How did they know all the occupants had exited the vehicle?
367 posted on 01/09/2003 8:28:17 PM PST by rolling_stone
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To: viligantcitizen
... 40 minutes later ...

Try 40 seconds, even better, try watching the video!

At 17:20:10 on the tape, a THP officer moves up to the driver's side of the "suspect" vehicle and shines his flashlight into the car. At the same time, Mr. Smoaks tells the officers that he has dogs in the car. At this point, the THP officer should have seen the dogs as well. It was his duty at that time to recognize the danger these dogs posed to highway traffic and the safety of the officers and "suspects" - and contain the dogs. Failure to do so led to Patton, coming out of the car. This was NOT following proper procedure and should be shown in a civil suit as negligence.

At 17:20:30 Mr. Smoaks clearly says he has dogs in the car and doesn't want them jumping out. At this time the officer who had approached the vehicle (I'd like to know which THP officer this was - I'm betting Lt. Jerry Andrews) was shining his flashlight down on Mr. Smoaks hands as a second THP officer was cuffing him and the third THP officer had cuffed Mrs. Smoaks and was now cuffing their son. There is no reason this officer could not, and should not, have secured the dogs in the car.

Patton comes out of the car soon after Mr. Smoaks second warning, 17:20:35, perhaps 15 seconds after the THP officer should have identified the dogs and secured them. It was this negligence and improper procedure that led to Patton being shot.

371 posted on 01/09/2003 8:34:45 PM PST by optimistically_conservative
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To: viligantcitizen
Methinks you've got your time and math confused. The times quoted are minutes and seconds, not hours and minutes. Thus it was about 50 seconds that elapsed between them telling the police that the dog was in the car and the dog jumping out. Not a huge amount of time.
372 posted on 01/09/2003 8:36:12 PM PST by Diddle E. Squat
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To: viligantcitizen
Second, they were notified at 2:18 that there were dogs in the car and were requested to shut the door so they couldn't get out. 40 minutes later, at 3:08, the dog comes out of the car and is shot.

It is amazing the lack of the abilityh to analyze being exhibited here... the time frame is SECONDS not MINUTES... the events occurred in less than 4 minutes from the time the Smoaks car pulls over and the death of the dog. Officer Hall reacted in much less time... the dog got out and about 5-6 seconds later is shot.

395 posted on 01/09/2003 10:22:37 PM PST by Swordmaker
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