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As family shrieks, police kill dog, Cooksville TN
Email ^ | 1/09/03 | FlyingA

Posted on 01/09/2003 7:29:12 AM PST by FlyingA

As family shrieks, police kill dog Wednesday, January 8, 2003 Posted: 10:26 PM EST (0326 GMT)

COOKEVILLE, Tennessee (CNN) -- Police video released Wednesday showed a North Carolina family kneeling and handcuffed, who shrieked as officers killed their dog -- which appeared to be playfully wagging its tail -- with a shotgun during a traffic stop.

The Smoak family was pulled over the evening of January 1 on Interstate 40 in eastern Tennessee by officers who mistakenly suspected them of a carjacking. An investigation showed James Smoak had simply left his wallet on the roof of his car at a gas station, and motorists who saw his money fly off the car as he drove away called police.

The family was driving through eastern Tennessee on their way home from a New Year's trip to Nashville. They told CNN they are in the process of retaining a lawyer and considering legal action against the Cookeville, Tennessee, Police Department and the Tennessee Highway Patrol for what happened to them and their dog.

In the video, released by the THP, officers are heard ordering the family, one by one, to get out of their car with their hands up. James Smoak and his wife, Pamela, and 17-year-old son Brandon are ordered onto their knees and handcuffed.

"What did I do?" James Smoak asks the officers.

"Sir, inside information is that you was involved in some type of robbery in Davidson County," the unidentified officer says.

Smoak and his wife protest incredulously, telling the officers that they are from South Carolina and that their mother and father-in-law are traveling in another car alongside them.

The Smoaks told CNN that as they knelt, handcuffed, they pleaded with officers to close the doors of their car so their two dogs would not escape, but the officers did not heed them.

Pamela Smoak is seen on the tape looking up at an officer, telling him slowly, "That dog is not mean. He won't hurt you."

Her husband says, "I got a dog in the car. I don't want him to jump out."

The tape then shows the Smoak's medium-size brown dog romping on the shoulder of the Interstate, its tail wagging. As the family yells, the dog, named Patton, first heads away from the road, then quickly circles back toward the family.

An officer in a blue uniform aims his shotgun at the dog and fires at its head, killing it immediately. For several moments, all that is audible are shrieks as the family reacts to the shooting. James Smoak even stands up, but officers pull him back down.

"Y'all shot my dog! Y'all shot my dog!" James Smoak cries. "Oh my God! God Almighty!" "You shot my dog!" screams his wife, distraught and still handcuffed. "Why'd you kill our dog?" "Jesus, tell me, why did y'all shoot my dog?" James Smoak says.

The officers bring him to the patrol car, and the family calms down, but still they ask the officers for an explanation. One of them says Patton was "going after" the officer.

"No he wasn't, man," James Smoak says. "Y'all didn't have to kill the dog like that."

Brandon told CNN Patton, was playful and gentle -- "like Scooby-Doo" -- and may have simply gone after the beam of the flashlight as he often did at home, when Brandon and the dog would play. The Tennessee Department of Safety, which oversees the Highway Patrol, has said an investigation is under way.

Cookeville Police Chief Robert Terry released a statement on the department's Web site Wednesday night describing the department's regret over the incident.

"I know the officer wishes that circumstances could have been different so he could have prevented shooting the dog," Terry wrote. "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." Terry said he and the vice-mayor of Cookeville met with the family before they left "to convey our deepest sympathies" for the loss of their dog.

"No one wants to experience this kind of thing, and it's very unfortunate that it occurred," he wrote. "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."

The department is conducting an investigation to determine what, if anything, could have been done differently, he said. Police also plan to be in contact with the Smoak family, Terry said. The Smoaks buried their pet at home. A white cross marks the grave.


TOPICS: Activism/Chapters; Constitution/Conservatism; Crime/Corruption; Culture/Society; Free Republic; Front Page News; Government; Miscellaneous; News/Current Events; US: Tennessee
KEYWORDS: cooksville; dog; family; jackbootedthugs; police; tn; warondogs
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To: matthew_the_brain
You can claim and allege anything you want, and depending on the state they may allow it.......where i am from, people claim emotional distress claims all the time from cars hitting dogs, and they are never allowed.....the most you get is ACV on the animal.

Apples and oranges. When a car hits a dog it's an accident. When a policeman shoots a dog even though the situation was clearly avoidable, that's not an accident.

121 posted on 01/09/2003 1:33:16 PM PST by NittanyLion
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To: matthew_the_brain
I suppose your kind

Pardon me, you have no idea what "my kind" is.

impossible to reason with

You have declared this an open and shut case and seem unwilling to reason..

---

Support YOUR Houston FReeper Chapter!

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Flyer

122 posted on 01/09/2003 1:37:55 PM PST by Flyer (Somewhere there is a tag line searching for me)
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To: matthew_the_brain
if a dog runs toward you in a hostile situation, and you feel threatened, you have a right to stop it.......cry all you want, no judge in the world will punish you for protecting yourself and your family.

I think I'll bookmark this comment, and ping you after the family is (and make no mistake they will be) awarded a sizable settlement.

123 posted on 01/09/2003 1:39:35 PM PST by NittanyLion
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To: Hatteras
As I explained in another thread, unfortunately I did run into a dog that attacked with it's tail wagging. A German Shephard about 20 years ago. He was with his owner at a dog event. He looked like he wanted to play, tail wagging, letting out little yips, stretching out his front legs, hopping, you name it. I asked the owner if he was alright with it, the fellow said, "no problem" and as I stepped toward him to extend my hand his hair on his back stood straight up and he jumped for my face with a vicious snarl.

There's a reason why police and military use German Shepards, as they are VERY protective and attack on instinct. As you reached forward, you probably startled him and he simply reacted. With any potentially dangerous dog, you have to look them in they eye first, talk to them, read their disposition, then SLOWLY put out your hand while speaking in a reassuring voice. You probably simply walked up and reached down, causing the dog to perceive you as a threat.

In this case, as the video demonstrates, the dog was walking around in a curious playful manner, and was not prancing about or barking. If it had been a Shepard, he would have lunged out of the car menacingly while barking.

124 posted on 01/09/2003 3:14:09 PM PST by Alpha One
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To: matthew_the_brain
Yes I do make those assumptions, knowing that this guy knew he was being taped, as they know all of these things are being taped..........instead of always siding with Fido and his thuggish owners, put yourself in the shoes of that officer......he knew he was being video taped, and he did the right thing in killing that monster.

Why don't you let us all in on how you came up with the conclusion that this family returning from vacation were thugs?

125 posted on 01/09/2003 3:35:15 PM PST by Alpha One
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To: Alpha One
"the dog was walking around in a curious playful manner"

The dog came out and made a beeline for the cop. The cop was backing up when the dog lunged out of the right hand corner of the frame at the cop. It took three seconds from when the dog left the car. It was not "walking around in a curious playful manner".

As for the shephard, I knew what I was doing as I have had shephards in the past. I'm was well aware of what I was doing. As I said previously, I exercise cautious confidence around all dogs. That's why he didn't get to take my nose off.

126 posted on 01/09/2003 3:36:40 PM PST by Hatteras
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To: Hatteras
The dog came out and made a beeline for the cop. The cop was backing up when the dog lunged out of the right hand corner of the frame at the cop. It took three seconds from when the dog left the car. It was not "walking around in a curious playful manner".

Take another look at the video. The dog comes out of the car, runs off towards the guardrail wagging his tail with no indication of viciousness such as snarling or barking, THEN presumably circles towards the cop off of the right side of the screen. Also notice the big brave policemen with shotguns pointed at the heads of the mother, father, and son, who were all on their knees handcuffed with hands behind their backs. It could have easily been one of them that had their heads blown off if either of the two cops with shotguns had sneezed. This is WAY over the edge, and these cops don't deserve to carry spit balls, let alone loaded guns.

127 posted on 01/09/2003 3:49:27 PM PST by Alpha One
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To: Frapster
I really enjoyed your post regarding your brother. Let him know he's in my prayers. I also have memories of calls that come back to me once in awhile.

And I know what you mean about some of the posts on these threads. It seems to me that some of the folks here are as bad as the police officers they condemn.

I'll say this to all of them.

I've been a cop for 17 years. I've seen people at their worst. I've seen them murder their spouses, their own children and their parents. I've seen them lie on the stand, cheat, steal, rape and everything else you can imagine. And probably some things you can't imagine.

I've been insulted by them and returned no insult. I've been assaulted by them just because I wear a uniform. Given them money out of my own pocket to help them out and prayed with them in their homes.

I've seen police officers do these types of things day in and day out and get no recognition for it. And they really don't care to have recognition. They do it because they enjoy helping people.

But I know all people are not evil. I know we are all human and we all make mistakes, I've made enough of my own.

I don't think it's right to condemn all cops because of the actions of some, just as I don't condemn all people because of the actions of some.

128 posted on 01/09/2003 3:50:36 PM PST by Cap'n Crunch
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To: matthew_the_brain
If you want to talk about abortion, why not start an abortion thread?
129 posted on 01/09/2003 3:53:29 PM PST by Republic of Texas
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To: Cap'n Crunch
Absolutely correct. Like every group, 99% of cops do a great job. That doesn't excuse this yahoo. He makes you ALL look bad, and his actions were uncalled for. All they had to do was CONFIRM the erroneous information, and/or SHUT the car door.
130 posted on 01/09/2003 3:56:25 PM PST by Republic of Texas
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To: davisdoug
But I think that sewing his penis to his forhead would be a start.

Probably require micro surgery for two reasons

131 posted on 01/09/2003 4:04:44 PM PST by Oztrich Boy
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To: FlyingA; TankerKC
In looking at the video, it seems that the family is lucky that they didn't have THEIR heads blown off, as these yahoos were aiming shotguns at their heads while the family was on their knees handcuffed. It's a good thing they didn't "slip" or anything..

Why point guns at people that are on their knees and handcuffed? Did they expect them to shoot laser beams out of their eye sockets, or that they would assume other superhuman properties as in the Matrix?

132 posted on 01/09/2003 4:10:02 PM PST by Alpha One
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To: gridlock
>>

If the police are concerned enought to have an entire family handcuffed and on the ground, they are not going to put up with a dog running around.<<

If the police accuse a family of a crime which was never even committed, cuff them on the ground, and shoot their dog in front of their children, maybe it's time to think, "Something's wrong with this picture."
133 posted on 01/09/2003 4:13:53 PM PST by SerpentDove
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To: matthew_the_brain
>>
Watch the video.......they be thugs for sure<<

Obviously you're not serious.
134 posted on 01/09/2003 4:16:26 PM PST by SerpentDove
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To: SerpentDove
" maybe it's time to think, "Something's wrong with this picture." "

See, there's the problem.

135 posted on 01/09/2003 4:16:49 PM PST by Republic of Texas
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To: Frapster
Thankfully your brother is a good cop, not like this worthless a-hole, who should be fired.
136 posted on 01/09/2003 4:24:33 PM PST by SerpentDove
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To: matthew_the_brain
"".instead of always siding with Fido and his thuggish owners"

You have said these people are thugs at least twice now. Which is a lie.

Are you kidding? Surely you're kidding.
137 posted on 01/09/2003 4:28:25 PM PST by SerpentDove
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To: Flyer
"You have no idea what the tone of the original call to the cops was, nor do you know anything about the perps"

"Perps" they are? Innocent people are "perps"?

You've got problems. Do yourself a favor. Stay out of law enforcement. We don't need arrogant brownshirts such as yourself.
138 posted on 01/09/2003 4:30:22 PM PST by SerpentDove
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To: FlyingA
This American Family and their dog are, in a sense, more victims of our idiotic policy of not expelling and excluding ALL Muslims from America!!!

Overreactions by police and militaray like this are bound to recur, as we have witnessed at our airports.

Real Americans shouldn't be subjected to this for the sake of a bunch of fifth columnist Islamists.
139 posted on 01/09/2003 4:30:36 PM PST by ZULU
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To: SerpentDove
ERROR! ERROR! ERROR!

I was quoting matthew_the_brain. I forgive your mistake. No harm done. . . no dead dogs or anything like that..

---

Support YOUR Houston FReeper Chapter!

---

Flyer

140 posted on 01/09/2003 4:34:32 PM PST by Flyer (Somewhere there is a tag line searching for me)
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