Man Wants Punishment for Dog Shooting

AJC.com ^ | 01-10-03 | JOHN GEROME

[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.'''

[per loin]

That dog made a bee line for him.

You must have seen a different video than I did. In the one I saw, the small, tail wagging dog circles off to the right.

------------------------------------

Bee line:

shortest line from one place to another, like that of a bee to its hive when loaded with honey; an air line. ``A bee line for the brig.'' --Kane.

[EBUCK]

They certainly can be heard saying that. But why would a cop listen to a citizen?

[EBUCK]

Yah, the dog left the screen to the right then he ends up coming straight for the cop from the right, the cop only has a moment to brace (takes one step to the rear??)...perhaps I should look at it again (there is only one version I think)

[scouse]

"He was alone" should have read, "He was not alone"

[NittanyLion]

From what I saw...subjective of course, the dog bounded out of the car, nosed around a bit then exited screen right. When next appearing, he was heading straight toward the cop at speed (wolfie, I read about the flashlight thing too, but the cop couldn't have known this), the cop took a step back (perhaps bracing his weapon) and fired at the dog point blank.

I've been around long enough to know your views on these issues, so I respect your opinion. And I can see your point.

Perhaps what bothers me so much is the fact that these cops apparently demonstrated no regret for their actions until this story became national news.

[Red Jones]

officer hall is an idiot, but the bad culture among the police encourages this. Then the stupid dumb ass jerk-off police chiefs refuse to bring order in their ranks. This man should've been fired already. I don't think it's proper to jail police when they do bad things, just fire them, but fire them quickly and without excessive consideration for the officer's point of view. The citizens are the ones who matter here, not the cops, if the cops don't know that, then they shouldn't wear the uniform.

[EBUCK]

Perhaps what bothers me so much is the fact that these cops apparently demonstrated no regret for their actions until this story became national news.

That gets me too. Not only that but if two things had been done it would have been a normal cop/subject interaction.

1. If the cops had decided to find out what was going on "before" forcably evacuating the vehicle it would have been over before it even started.

2. Failing #1, they should have quickly begun to realize that the family were not a band of crooks and taken heed to their request to close the door.

They did neither which is a result of their military training IMO.

so I respect your opinion. And I can see your point.

Thanks, that makes two of us, LOL.

[EBUCK]

I don't think it's proper to jail police when they do bad things, just fire them,

Why??? Please explain why cops should be held to a lower standard, with less in the way of consequenses, than normal folk.

[Grut]

Please explain why cops should be held to a lower standard, with less in the way of consequenses, than normal folk.

Lack of competence?

[EBUCK]

Lack of competence is no excuse is it? Will lack of competence get you or I out of a murder charge?

[OldPossum]

If they don't fire this guy, somewhere down the way the police department might be facing some severe charges. He's obviously a man of poor judgment and shouldn't be entrusted with a badge, much less a gun.

I hope the family gets some sort of financial settlement. That won't, of course, make up for the loss of their beloved pet.

[Red Jones]

I'll explain that. A police officer learns to do his job from the other police officer and from the people designated to teach him his job. Sometimes they do bad things that can be interpreted as crimes, but they are generally just doing their job as they feel they've been taught or that they've learned from others. The officers who beat Rodney King were just acting in good faith and doing their job. If they were doing their job wrong or in a manner we disapprove of, then we should fire them, not throw them in jail. 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. That's how we should view it. To criminalize the police because we don't like them is very unjust to the policeman and will end up in a de-policing situation. So, I think we can straighten out all the problems with police if we only fire the ones who screw up in order to set an example to other officers. If the officer only acts in good faith and makes a mistake or error in judgement, then we should understand that and not prosecute. But I advocate that the police chiefs be very quick to judge an officer and throw them out and that the citizens replace the police chief if there is even a hint that he is soft in this area.

[Area51]

They certainly can be heard saying that. But why would a cop listen to a citizen?

22 posted on 01/10/2003 12:25 PM PST by EBUCK (....reloading....praparing to FIRE!!!)

Becuase they said there were dogs in the car! How much brain power would it have taken to look in the Back of the Car, while a family is in handcuffs on their knees, and CLOSE THE DOOR. These Barney Fife wannabees are supposedly trained to observe a situation!

IMHO The Whole Idea that this Cop was scared for his safety is a flat out lie. Had he been concerned for his safety HE would have closed the door when the detainees were pleading him to, because they told him there were dogs in the car.

Imagine what would have happened had that dog ran into the road, and a vehicle swerved to miss it. These officers have a duty to take control of the situation. Officer Hall failed. And he retified that by blowing away a harmless dog in front on its owner.

Barney Fife is alive and Living in Cookeville.

[Grut]

Will lack of competence get you or I out of a murder charge?

Sure will. I mean the kind of 'lack of competence' that says you're too dumb to be held responsible.

[Ken H]

Hall, who said he has received death threats...

Death threats to a police officer is a very serious offense. Can we assume that Officer Hall has reported these death threats to the proper authorities and that they are being actively pursued?

Or could these be the same kind of "threats" that Daschle claimed he received and tried to blame on talk radio?

It's easy to make such a claim. Backing it up is a different matter.

[Brian Mosely]

Here's the take from the folks running the Putnam Pit website, which was started several years ago in an attempt to expose all the happenings in Cookeville and that county in general. I always check on this site every once in a while, some of the things they describe as happening there will have you shaking your head.

[Wonder Warthog]

"He's trained to shoot dogs should they pose even the slightest threat."

Well, maybe it is time to re-evaluate and eliminate that training. Brain-dead cops are getting to be just as big a threat to peace and freedom as brain-dead public school teachers.

[Teacher317]

``I yelled at the dog as I was backing up. I screamed at it; it kept advancing and barking in an aggressive manner.

I don't recall hearing a single bark.

[EBUCK]

To criminalize the police

We aren't "criminalizing" the police, they are commiting criminal acts against us in concert, organized and purposefull.

Are you saying that they should be fired to avoid the current practice of covering up for one another? Or is it just so that cops can retain their good standing?

[EBUCK]

I didn't say "why should a cop listen" I said "why would a cop listen". We know why a cop should listen, especially under these circumstances. But why would he? There are generally no consequences for not listening, this being an exception I hope.