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Man Wants Punishment for Dog Shooting
AJC.com ^ | 01-10-03 | JOHN GEROME

Posted on 01/10/2003 11:54:17 AM PST by EBUCK

Man Wants Punishment for Dog Shooting By JOHN GEROME Associated Press Writer

NASHVILLE, Tenn. (AP)--A traffic stop following erroneous reports of a robbery ended in heartbreak when the family dog bounded out of the car, his tail wagging, and was shot to death by police.

Now, the dog's owner wants the police officers punished, and the officer who pulled the trigger says he's been getting death threats.

``I don't ever want to see this happen to anybody else. That's why we can't let this go away,'' said James Smoak, who owned the 1 1/2-year-old pit bull-boxer mix named Patton.

Cookeville Police Officer Eric Hall, who shot the dog, said Thursday that people are misjudging him.

``It's been very difficult, but a lot of people who've made comments don't know me,'' Hall said on WTVF-TV in Nashville. ``It's kind of taken a life of its own where people are judging without knowing all the facts.''

Smoak, a seafood salesman from Saluda, N.C., said he has contacted attorneys about the New Year's Day shooting and plans legal action.

He describes the family's ordeal as ``a nightmare we can't wake up from,'' and says he will never forget having to load the dead dog into the car for the ride home.

The incident began when Tennessee state troopers and Cookeville police stopped the Smoaks' green station wagon as they were returning from a vacation in Nashville.

Another motorist had reported seeing money flying from the vehicle as it sped down Interstate 40, and authorities feared there had been a robbery.

They later discovered that the money--about $445--was fluttering from Smoak's wallet, which he had mistakenly left on the car roof after pumping gas.

The patrol car videotape of the stop, released Wednesday by the Tennessee Highway Patrol, shows troopers ordering James and Pamela Smoak and their teenage son, Brandon, out of the car, and the three emerging with their hands up, getting on their knees and being handcuffed.

Then Patton bounds out, his tail wagging, and races toward Hall.

The video shows Hall stepping back, then firing his shotgun. Hall said he thought the dog was a pit bull and that he was about to attack him.

``I noticed that it trained in right on me; the dog's coming right at me,'' he said. ``I yelled at the dog as I was backing up. I screamed at it; it kept advancing and barking in an aggressive manner. It's unfortunate what happened after that.''

Hall, who said he has received death threats, was assigned to administrative duties pending an independent review. An internal police investigation found he didn't use excessive force.

The Tennessee Highway Patrol also concluded its troopers had probable cause to conduct the stop, though officials were still trying to determine how the Smoaks were suspected in a robbery that never happened.

Officers recovered most of the lost money, Smoak said, and officials later apologized, but he said the apologies rang hollow.

``At the scene they told us they made a mistake and that we were free to go,'' Smoak said. ``No one was moved to say they were sorry.''

``The dog was wagging his tail,'' he said. ``It was completely trained.''

Hall said he felt terrible when he learned that the Smoaks were innocent but maintains he reacted appropriately.

``With the knowledge I had at that time, I was so limited that I felt I did what I had to do,'' Hall said.

``If you could have felt what I felt after the whole incident was over,'' he said, ``I thought, 'Oh, my goodness, how unfortunate for that family.'''


TOPICS: Constitution/Conservatism; Crime/Corruption; Extended News; Government
KEYWORDS: dogshooting; donutwatch; rdo; retribution
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To: DannyTN
The natural tail set of a dog depends most on his breed and anatomy, and then on his level of confidence. a confident dog will hold their tail high... Cofident dogs can be confidently aggressive, or confidently friendly, the two are not the same.
121 posted on 01/10/2003 3:19:54 PM PST by HairOfTheDog
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To: Bloody Sam Roberts
Sorry, Sam...I didn't see the balance of your post when I replied. You hit the nail right on the head re: the media. Oops.



122 posted on 01/10/2003 3:21:12 PM PST by who knows what evil? (Sign on Tennessee car: Police...child/pet on board, please don't shoot!)
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To: HairOfTheDog
And what are your qualifications for saying that? Are you a vet? Do you train dogs for a living?
123 posted on 01/10/2003 3:21:15 PM PST by DannyTN
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To: DannyTN
I am not a vet, but I have trained and shown dogs, and think I have a grasp of the subject.

Which part do you disagree with, that breed and anatomy affect the tail set?

Or that the tail set indicates confidence?
124 posted on 01/10/2003 3:23:14 PM PST by HairOfTheDog
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To: HairOfTheDog
It was a professional dog trainer that taught me that when a dog's tail is above the horizontal line it indicates aggression.

So your comment is it's confidence not agression. But given what he taught us about the dominance and submission, I'm not sure there is much difference.

I think I'm going to email the news media and suggest they interview dog experts and see what they think about the dog.
125 posted on 01/10/2003 3:26:50 PM PST by DannyTN
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To: caltrop
I agree the cops probably weren't concerned about reprecussions when this happened.

They are used to sweeping incidents like this under a rock in Tennessee. Unfortunately for them, the internet and 24/7 cable news services are tailor-made for stories like this. Your "good 'ol boy" network is coming down.



126 posted on 01/10/2003 3:29:25 PM PST by who knows what evil? (Sign on Tennessee car: Police...child/pet on board, please don't shoot!)
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To: Wright is right!
.......an American Staffordshire Terrier (so-called Pit Bull).....

From The Truth about the American Pit Bull Terrier by Richard F. Stratton.....

"The American Staffordshire Terrier is one of many bulldog breeds, not too distantly related to the American Pit Bull Terrier.
Breeders today do not cross the breeds, and hence they grow ever more distant as cousins."

It bugs me when people call my Amstaff a Pit Bull. Not that I have anything against Pits

127 posted on 01/10/2003 3:33:39 PM PST by kanawa (My best friend is an Amstaff)
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To: DannyTN
From Fox-17 Nashville News TONIGHT, STATE SENATOR STEVE COHEN IS CALLING FOR A SENATE HEARING ON THE CASE. TWO YEARS AGO THE MEMPHIS DEMOCRAT SUCCESSFULLY SPONSORED THE SO-CALLED "T-BO" ACT.. NAMED AFTER HIS OWN PET, KILLED BY A NEIGHBOR'S DOG. THAT LAW SAYS IF A PERSON'S PET IS KILLED BY A NEGLIGENT ACT..THE RESPONSIBLE PARTY COULD BE FINED UP TO FOUR-THOUSAND DOLLARS FOR THE *EMOTIONAL* DISTRESS... BUT THE LAW PROBABLY WON'T WORK IN THE COOKEVILLE CASE.... BECAUSE IT ONLY APPLIES TO COUNTIES WITH A POPULATION GREATER THAN 75-THOUSAND PEOPLE. STATE REPRESENTATIVE ROB BRILEY HELPED WRITE THE BILL. BRILEY TELLS FOX 17 NEWS THE OFFICER IN QUESTION IS ALSO A GOVERNMENT EMPLOYEE AND COULD HAVE IMMUNITY FROM A POTENTIAL LAWSUIT.##

The good news is that should keep the senate busy for a while. Maybe that dog is worth a lot more than I suggested.

128 posted on 01/10/2003 3:38:42 PM PST by DannyTN
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To: DannyTN
I think you are taking one idea from your trainer, out of the context it was stated in.

What I said was that confident dogs can be confidently aggressive, or confidently friendly, the two are not the same.

Some breeds have a high tail carriage by anatomy.

Some dogs are very confident dogs and hold their tails up. Watch a dog show some time.... look at tail set. A high tail set indicates the dog is having a great time showing and loves what he is doing.

If you have a lab, I am sure you have seen that labs tail go straight in the air going after a ball, or when he sees someone come home that he loves.

So there is very much a difference between confidence and aggression. A dog that is bold and not afraid is less likely to feel threatened, and is a pleasure to take places and meet people. -And, some of the most dangerous dogs you can meet are fear biters who will wrap their tails around their bottom and bite if you come too close.
129 posted on 01/10/2003 3:40:05 PM PST by HairOfTheDog
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To: viligantcitizen
"Maybe for a particular breed, but for dogs in general, he's wrong."

I agree with you.

130 posted on 01/10/2003 3:46:14 PM PST by blam
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To: DannyTN
"Our vet told us we had the most aggressive yellow lab he had ever seen. Labs are not known to be an aggressive breed."

It varies within the breed but overall labs have very even temperments. My lab only gets aggresive around strange adults and other dogs, but is completely harmless around small animals such as cats, birds, squirrels, etc.

"I'd take his comment over your two annodotal examples anytime. Do you have any other qualifications to say the guy was wrong other than being a dog owner?"

Fair question.

I'm no professional trainer, but having been raised in the country around livestock and farms, I've seen different kinds of dogs in different types of aggressive behavoir ranging from killing chickens to arranged dog fights(shamefully in my youth). Never have I seen a raised tail on a dog in the process of getting violent.

I've been a lab owner for 12 years and have raised 2 females (mother, daughter) Both were house dogs and very well behaved. Both would lower their tails when angry.

That being said, it is only my personal observations. That's why I pinged those other freepers in my original post to come give their opinions. I'll also do a google search on dog behavoir and return shortly with the results.

131 posted on 01/10/2003 3:50:47 PM PST by Vigilantcitizen
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To: Wright is right!
BOXER

ENGLISH BULLDOG


132 posted on 01/10/2003 3:58:49 PM PST by Slyfox
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To: EBUCK
Bun in their efforts to become more military like a lot of PD's have forgone courtesy in the name of effectiveness.

Mabye we should consider putting LEOs under the UCMJ.

133 posted on 01/10/2003 4:08:56 PM PST by adx (Will produce tag lines for beer)
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To: shootist
"...Give the PUNK cop 50 years behind bars!..."

The tape clearly shows a friendly, tail-wagging little dog obviously curious about the surreal scene he found himself in.

The cowardly piece-of-shit who shot him is stumbling backwards like a drunk, waving the shotgun carelessly.

What a damn shame it is this punk couldn't have stumbled and blown his own worthless f*cking head off before he shot that harmless little dog.

Except that this might well have precipitated a massacre of the family kneeling like POW's on the ground.

134 posted on 01/10/2003 4:58:08 PM PST by DWSUWF
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To: mc10
. . . just for the record...the dog was not a pit bull

Just for the record, it was a pit bull mix. A small pit bull can savage and kill a much larger dog--or human being.

Enablers of violent dogs like to quip, "It isn't the size of the dog in the fight, but the size of the fight in the dog" . . . unless a police officer comes out on top. Then they like to reform the mutt into a harmless, milk-toothed, persecuted fuzzball.

135 posted on 01/10/2003 5:04:55 PM PST by Kevin Curry
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To: Red Jones
"...An officer makes a mistake for whatever reason and someone may die from that mistake. But we shouldn't consider it murder. He was on the job, at worst he made a mistake..."

Not only should the SOB's go to jail when warranted by the laws they're supposed to be enforcing, they should do their time in the general population.

Why the Hell should I be out of pocket tax-wise to keep a damned criminal-cop in a safe, cushy isolation unit?

Let the bastards learn to sleep with one eye open.

136 posted on 01/10/2003 5:06:01 PM PST by DWSUWF
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To: DWSUWF
So, are you going to go out and kill a cop for the pooch?

We've already had one "constitutionalist" FReeper do that (gun down a cop for intruding on his "right" to travel the roads without obeying the laws). Are you going to take up the crusade now, Gomer?

137 posted on 01/10/2003 5:07:39 PM PST by Kevin Curry
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To: Diplomat
It was a medium size dog. It jumped out of the car ...wagging it's tail...it was happy...then it trotted to the cop with the flashlight and the cop shot it. THe cop lost control of his senses....and shot a happy dog wagging it's tail....he should definetely be off the streets.
138 posted on 01/10/2003 5:11:35 PM PST by Sungirl ("The greatness of a nation and its moral progress can be judged by the way its animals are treated.")
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To: Sungirl
I'm with you on this one girl.....BIG TIME!
139 posted on 01/10/2003 5:13:11 PM PST by wardaddy (You'll be happy to know that deer season ended here today.....you and my wife both!)
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To: PatrioticAmerican
"...Not likely. He probalby knows that the system will not prosecute him, and the family is not going to harm him in any way..."

He'd be a fool to be reassured by such an analysis.

There are plenty of people, with axes to grind, who might dish up a little lethal grief to this bastard some night yet to come. PETA, for example, contains no small number of partisans capable of such mischief...

The safest course for him is to run and try to hide like the queer-bait coward that he is.

140 posted on 01/10/2003 5:22:37 PM PST by DWSUWF
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