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.'''
Rare indeed - how big of a dog was it?
So that's what you saw on the tape? Be careful because the dog moves pretty quick in the tape. About 3 seconds is what it took for him to leave the car and get killed. Did you notice the cop that shot the dog in the camera frame when the dog first jumped from the car? Is that what you saw?
I'll answer for you. Of course not. The policeman that shot the dog was out of the camera frame when the dog jumped from the car. As a matter of fact, he was in the vicinity of where the dog was heading to off camera. The policeman retreated back into the camera frame when he shot the dog as the dog lunged at him. I bet you didn't see that either, huh? As a matter of fact, I bet you didn't notice the second copy spinning around to level his gun at the dog only a moment before he lunged at the first police officer did you?
"trotting around"?
Give me a break, that dog was out of the car for three seconds. You make it sound like he was out for an evening walk around the block.
Here are some more clues in case you missed them:
Now, we have been given a fourth "description" of the dog. First, before the video, he was an "English Bulldog". Second came the police officer's description that he was a "Pitbull". Third we are told by the owner that he was, well... a "mixed-breed bulldog" and now he is described as a "Pitbull-Boxer Mix". At this point, common sense should be starting to kick in. At this rate, by Monday we'll find out that Mr. Smoak has been under investigation for running a pitbull puppy farm and illegal dog fighting. Probable? No. Possible? Would you bet your momma's house?
Another clue? How about the mother screaming for the dog as he passed by her on his way to the cop. Is it possible that she thought, and probably figured that the dog was a threat to attack. She was absolutely shocked and horrified that the police shot the dog. This tells me that she wasn't expecting the police to shoot the dog. So she wasn't screaming because she feared the dogwould be killed, I submit the possibility that she was screaming because she knew the dog would go after the police officer.
The fact is that you did not see what happened in the 1-1/2 seconds that the dog was off the screen so unless you were there, you do not know what happened in the 1-1/2 seconds that the dog was off the screen. What we do know for sure was that this English-Pitbull-Boxer-Bulldog-Mix was not off frolicking in the daisies and according to the video tape the last thing the dog did was jump up at the cop.
Here's one more point to ponder (until I can think of more): Usually in news stories such as this where a family's pet tragically dies, we are treated to a photograph of the dog taken in more happier times.... Hmmmm? Haven't seen a photo of the dog yet, have you?
Exactly
I care about my dogs more than I do about a stranger.
That's natural. What's wrong with you?
"...I love dogs, but it's a DOG people..."
He has a right to that opinion.
If Hall were being lynched within my eyesight I wouldn't raise a finger to help him.
Regrets, if any, would be limited to not having some hot, fresh popcorn to go with the spectacle unfolding in front of me.
This officer will not have a relaxed day for a very long time.
Nor should he. If I were in Cookville, I'd make sure this hotdog was looking over his shoulder for the rest of his life in that community.
LOL!
'Gomer'...?
I suppose that makes you 'Barney'.
1000 ditto's!!
Well Said.
We haven't always agreed on things Sinkspur, but I'm shoulder to shoulder with you on this.
Anyone who butchers a family's pet dog in this way is not fit to live among decent people. At the very least he should be hounded from our midst.
Check out the picture on the FR home page of "blam".
Lots of raised tails and they don't look like they are attacking him.
First, you may be right but, you can't tell that from the video. I'll explain.
Officer Hall was called as a backup by the Tennessee Highway Patrol who were handling the felony stop. Officer Hall's duties were to position himself where he could cover the THP as they made their arrests. He did so. The THP was controlling the arrest and it was their decision not to heed the heads up from Mr. Smoak and make sure the dog was secured. Ofc. Hall took up a position out of camera range in the dark to the right.
When the dog jumped from the car, the dog immediately headed for Ofc. Hall. The policeman was retreating back into the camera frame when he finally pulled the trigger.
The very act of backing up means he was giving the dog an opportunity to turn away. He did not fire immediately and he did not walk toward the dog and shoot it.
I don't know for sure, because I am not Ofc. Hall and I wasn't there but, I'm leaning toward believing Ofc. Hall when he says he perceived the dog to be a threat because of two very important things. The second officer's reaction. He turns and levels his gun at the dog a split second before the dog is killed. Secondly, the wife's reaction as the dog ran past her. As I mentioned earlier, she was so shocked after the fact that the police actually shot her dog. Why was she screaming? Did she think the dog was going to attack the officers? She certainly didn't think the officers were a threat to her dog. This tells me that Officer Hall was not the only one who perceived the dog to be a threat.
The video shows that Officer Hall's first reaction was to avoid shooting the dog he perceived to be a threat and only did so when the dog lunged at him. You can not determine what kind of dog it is by the video but the size does put it in the pitbull range. If anyone, the members of the Tennessee Highway Patrol, not Ofc. Hall, was responsible for the dog's death.
But, pictures are worth a thousand words, why doesn't Mr. Smoak release a photo of this sweet little family pet?
At the very least he should be hounded in our midst.
I've got two sons who are police officers, and they'll tell you that there are guys and gals like this in every department. They think they're bulletproof. They're also usually very stupid and are cops because they can't do anything else.
They come in every color, too.
Your hair would curl if you heard some of the stuff that goes on in a big city like Dallas.
In a place like Cookville, they'll cover his ass, and the Tennessee Highway Patrol will cover his ass.
My oldest was a marksman in the Army. And, in three years on the Dallas police force, he's never pulled his weapon, nor has my youngest.
They laugh at this guy. They saw the video and both said, "I'd probably call the dog over. Everybody knows a dog with a wagging tail is a good dog."
Hall's a sick human being, and has no business with a gun.
I've seen two of them. On national television. He was a good dog.
Stop defending this cretin. He has no business being a cop.
What kind of man would shoot a dog with a wagging tail?
I'd spit on the SOB if I saw him.
Mrs. Smoak certainly did think the officers were a threat, since she was on her knees, handcuffed, and she had no idea what the hell was going on!
It's too bad the poor dog didn't take a chunk out of Hall's throat. At least he'd have died doing something valiant.
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