As family shrieks, police kill dog, Cooksville TN

Email ^ | 1/09/03 | FlyingA

[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.

[Flyer]

Tell Grandma how nice the doggies are.......

Oh, I never claimed all dogs are nice. I have crossed paths with over 50,000 dogs and know there are bad dogs. But, just as with people, I don't cast such a broad net because of the actions of a few.

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[Nov3]

This guy is typical of the post 2000 election crowd. What a waste of a good forum

[netman]

Unfortunate circumstance.

But the long and short of it is don't let your dog out during a felony stop!!!!!!!!

[DAnconia55]

This guy is typical of the post 2000 election crowd. What a waste of a good forum

Yep, it's going down hill in some respects. Though I like the tone of responses on the other threads. Not all bad.

[Cuttnhorse]

You are an idiot. Just look at the photo of the people, nut case. Do these people look like typical "gang bangers"?

[Cuttnhorse]

But the long and short of it is don't let your dog out during a felony stop!!!!!!!!

Did you read the article??????? The guy asked the cops to close the car doors so the dogs wouldn't jump out. Try reading before posting.

[Hodar]

So, you can kill anyone's dog that you choose?

Yes, that's exactly what I'm saying. The worst you can get (to the best of my knowledge) is discharging a firearm in city limits, maybe willful distruction of private property. Personally, I'd like to change this. But then you run into other issues, which can get completely out of hand.

[GovernmentShrinker]

In a case such as this, the award to the family is likely to be an overall award covering the whole situation, and not earmarking a certain amount for the dog and the emotional distress related to the dog's death.

In virtually all cases of wrongful shootings/killings of pets, there are other issues to be litigated or settled in connection with the incident. The late Judge Ellen Morphonius was known to give extra-long prison sentences to perps who harmed or killed animals in the course of committing the main crime at issue. One way or another, the legal and/or arbitration system usually finds a way to make cold-blooded killers of family pets pay heavily.

I suspect that a civil suit against someone who deliberately took aim at and shot your dog as you walked it on the sidewalk in front of their property would yield a significant award, in any state.

[Denver Ditdat]

Thanks for taking the time to write a good, thought-provoking post. Much appreciated.

[Cuttnhorse]

Excellent post.

[walkingdead]

Yep, sounds like that strange 1%. Of course you didn't shoot the dog either.... did you?! <|:^)

[Mat_Helm]

What crap. These idiots were stupid. I have several family in LEO positions and concluded that this group was way off the deep end. There was not sufficient information provided to them to suspect this much of a threat and to draw weapons this quickly. Simply by asking for license and registration would have shown that there was no car jacking involved instead of assuming the out of state plates was occupied by Osama Binladen. There are good cops, but there is no margin for error for bad ones. Lately there have been many innocent people shot, abused, or roughed up by bad LEO that should be drummed out. All this extra Clinton war on crime money is allowing more idiots on the street with guns that do not belong there.

[jiggyboy]

I'd like to see them work a "petting the dog keeps my blood pressure down" angle. Gotta be a way to make things right.

[scan59]

Re: Video

It's pretty obvious that the cop was a coward and/or a bully. That dog was not acting threatening in the least.

[matthew_the_brain]

You have no idea what the tone of the original call to the cops was, nor do you know anything about the perps.......that dog came out of the car darting, probably barking.........i would have shot it dead, the cop did his job.

[1Old Pro]

A sickening, sad story about another incompetent cop(s). The problem is the officer deserves punishment, not the insurnce carrier or the county taxpayers if they are self-insured.

The cop should have to personally pay pay the family $500 to buy a new dog and $10,000 for their grief so they can take a 2 week vacation in Hawaii and mourn their loss.

[Hatteras]

"Of course you didn't shoot the dog either.... did you?!"

No, but then I didn't have a gun. But if the owner hadn't jumped in so quick and it was just between me and him I would have strangled the sonovabeach.

[Flyer]

You have no idea what the tone of the original call to the cops was, nor do you know anything about the perps

Nor do you.

that dog came out of the car darting, probably barking..

Yet you make these assumptions.

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[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.

[rolling_stone]

.... On what charge? Shooting a dog is not illegal. This is a loophole that cowards/sadists can use.....

Tennessee Criminal Code:


39-14-205. Intentional killing of animal.

(a) (1) A person who intentionally or knowingly unlawfully kills the animal of another, with the intent to deprive the owner of the right to the animal's life and without the owner's effective consent commits theft of that animal and shall be punished under § 39-14-105.


(2) In determining the value of a police dog under § 39-14-105, the court shall consider the value of the police dog as both the cost and any specialized training for such police dog.

(b) A person is justified in killing the animal of another if such person acted under a reasonable belief that the animal was creating an imminent danger of death or serious bodily injury to such person or another or an imminent danger of death to an animal owned by such person. A person is not justified in killing the animal of another if at the time of the killing such person is trespassing upon the property of the owner of such animal. The justification for killing the animal of another authorized by this subsection shall not apply to a person who, while engaging in or attempting to escape from criminal conduct, kills a police dog that is acting in its official capacity. In such case the provisions of subsection (a) shall apply to such person.

[Acts 1989, ch. 591, § 1; 1996, ch. 927, §§ 1, 2.]

Question is did the officer "reasonably" thought the dog was creating an imminent danger of death or serious injury to himself or others...Second part is was the vehicle stop valid otherwise it may be construed as a trespass...Then who put the officers in "danger" by not closing the car doors?

Put me on the jury as to whether the officers acted as reasonable people.