Family considering legal action against police, highway patrol Thursday, January 9, 2003 Posted: 8:03 AM EST (1303 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 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 highway patrol, 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 near 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 Smoaks' 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 that 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 underway.
'Could have been avoided' Cookeville Police Chief Robert Terry released a statement on the department's Web site Wednesday night describing the department's regret over the incident. The Cookeville Police Department site was not responding Thursday morning.
"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.
Posted by Hauserdaddy (Member # 50) on :
They said that they pulled them over because they saw money flying from the back of the car they were in or whatever. That is why they thought they were robbery suspects. It just so happened that the guy left his wallet on the top of the car or something like that at the last gas station they were at and the money was coming out of his wallet. That is what KQRS said this morning.
Posted by Chadwick (Member # 45) on :
Why stop there.....
Posted by Klaus (Member # 66) on :
quote:Originally posted by Chadwick: Why stop there.....
What does this mean?
Posted by Mikey (Member # 42) on :
Keisha......Keisha.....Wanna GO-FER a ride!!!!
Posted by Klaus (Member # 66) on :
Only problem with that is I don't think she could walk fast enough to make any officer believe her to be a threat.....
Posted by Crack_Dealer (Member # 68) on :
I saw the police video on Connie Chung last night. The dog was never near the officer and it was just bounding about like a puppy would do. Tiny little dog about the size of Scott's old dog Penny. Even if it would have tried to bite, couldn't have hurt anybody.
Posted by Klaus (Member # 66) on :
Here is a link to a news station that has the video posted on their web site (scroll down). Hard to really get a good look at the scene. The dogs tail was definately wagging.
First of all if the family had kept the animal in a transport box like they should have their dog would still be alive. It should not be a surprise that this happend letting their PITBULL free in the car.
Lets go back one sentence. THIS DOG WAS A FULLY GROWN PITBULL!! If a dog like that jumped out of a car and was loose and even made a shifting move twards me (me being one of the officers) i would have done the same thing. There was no time to determine that dogs intetions or mood or anything else. You can tell from the video that the dog was practically at his feet less than 2 secconds after jumping from the car. Which means it would have had to be running twards him.
An unfortunate set of circumstances led to this dogs death but i dont belive the officer did anything wrong. Again a simple way to have prevented this incident and about a million other deaths of pets by jumping out windows and doors and getting hit by cars would be to keep them in a travel box while in the car.
Posted by Klaus (Member # 66) on :
One is a PIT BULL and one is a BULL DOG..
Posted by Hauserdaddy (Member # 50) on :
The funny thing is how people get in such an uproar. I would be pissed if it was my dog also and someone shot him but it is just a damn dog! Now if the cop had leveled his shotgun at the back of one of the kids heads' or something, then I could see people getting all pissy. No matter what all these pet lover's think a dog or a cat or any other pet isn't a human. If my pet alligator had jumped out the window of my car and was wagging it's tail at a cop and it got it's head shot off nobody would say a damn thing! I can understand being upset especially if your kids are there to see their beloved pet get shot. They just had a law and order show about pitbulls that are bred and trined to kill each other. Holy crap! That was the meanest most vicious dog I have ever seen in my entire life.
Posted by Klaus (Member # 66) on :
Hauser your point is well taken it is just a dog.... However, it was not a PIT BULL.
Posted by Hauserdaddy (Member # 50) on :
Plus I had a pitbull when we were kids and there will always be that misconception regarding that breed. yes they are bred to dominate, and yes they have genetic tendencies to be vicious. that doesn't mean shit and we all know that.
Posted by Hauserdaddy (Member # 50) on :
I didn't know it wasn't a pitbull Posted by Jomama (Member # 56) on :
Thats a English BullDog Scott, the one in the video is a American BullDog, and very similar in size to a pitbull.
HOWEVER:
quote:Originally posted by Chadwick: First of all if the family had kept the animal in a transport box like they should have their dog would still be alive.
"SHOULD HAVE" Where is this written???? By who's mandate or standard???? I doubt the family was expecting to be pulled over on a felony stop.
What irk's me is that I believe its the Officers responsibility to asses the scene of existing and potential dangers (Mikey flame away if you disagree with my assesment). At any point in time in that video there are THREE additional officers just milling around, while you can see the one still cuffing, and another at the edge of the camera. They were obviously TOTALLY IGNORING what the suspects were saying. Before the dog even gets out of the car, the one cop is standing RIGHT ****ING THERE, it would'd taken a milli-second to such the damn door and totally defused and prevented the situation. Totally poor judgement on part of the officers in my NSHO! Not with regards to the actuall shooting once the dog was out, but by not acting even remotely pro-actively. I guess I expect officers to use better judgement than whats exihibted in the video.
Posted by Chadwick (Member # 45) on :
Ok Bull dog fine dosnt change anything though. Keep your dog in a cage while in the car. And for that matter keep your kids in one too! Hopefully it will avoid having to have either one of them shot.
Posted by Chadwick (Member # 45) on :
IT'S MY RULE AND PROBALY A STATUTE IN SOME STATES/CITIES.
I DONT WANT TO RUN OVER YOU ****ING MUT OR HAVE YOU SUE THE STATE AND RAISE MY TAXES WHEN YOU STUPID MUT JUMPS FROM THE CAR AND TURNS HIMSELF INTO KIBBLE OR YOUR STUPID KIDS OPEN THE WINDOW TO ALOW HIM TO JUMP OUT.
Posted by Chadwick (Member # 45) on :
IT IS SIMILAR TO BRINGING A DOG TO A PUBLIC CAMPGROUND! ITS RUDE AND INCONSITERATE AND CAN BE DANGEROUS. LEAVE YOUR DOG AT HOME OR CAGE HIM.
Of course if i am at someones private cabin or house i dont mind. It's their house and i'm the guest.
Posted by Jomama (Member # 56) on :
quote:Originally posted by Chadwick: IT'S MY RULE AND PROBALY A STATUTE IN SOME STATES/CITIES.
I DONT WANT TO RUN OVER YOU ****ING MUT OR HAVE YOU SUE THE STATE AND RAISE MY TAXES WHEN YOU STUPID MUT JUMPS FROM THE CAR AND TURNS HIMSELF INTO KIBBLE OR YOUR STUPID KIDS OPEN THE WINDOW TO ALOW HIM TO JUMP OUT.
Arbitrary and capricious Bullshit
Posted by Chadwick (Member # 45) on :
stir....stir....stir...stir.....
Posted by Jomama (Member # 56) on :
quote:Originally posted by Chadwick: IT IS SIMILAR TO BRINGING A DOG TO A PUBLIC CAMPGROUND! ITS RUDE AND INCONSITERATE AND CAN BE DANGEROUS. LEAVE YOUR DOG AT HOME OR CAGE HIM.
Of course if i am at someones private cabin or house i dont mind. It's their house and i'm the guest.
The Dog was in the ****ING CAR!!!!!!!! THE DOG CANT LET ITSELF OUT, ONLY PEOPLE. Its not even remotely the same as a public campground. Thats crap!
Posted by Klaus (Member # 66) on :
Shit I think Cramer figured out Chads password and is posting as him......
So Chad from your first post on this thread I believe you are saying that the police didn't go far enough..... Does this mean the family also should have been shot execution style so they don't forget their wallet on top of their car again? You still haven't explained yourself on that...
Also, it's legal to have an un-caged dog in your car. Just because you dislike dogs dosen't make it against the law.
Posted by Chadwick (Member # 45) on :
My point was they obviously didnt kill enough dogs.
But on a serious note. I do not have a problem with dogs. I have a problem with owners of insuficently trained dogs thinking that the rest of the world in any situation will enjoy their dog as much as they do. I think only about 25% of people who own dogs realy take the responsibility seriously, and the way they should. Dogs are almost as bad as kids in the care and supervision they need. I AM NOT INSINUATING ANYTHING ABOUT ANYONE I KNOW. SO PLEASE DON’T TAKE IT THAT WAY.
I'm not into killing dogs or cats or anything else. I have alergys and anger, that's all.
[ 01-09-2003, 15:13: Message edited by: Chadwick ]
Posted by Mikey (Member # 42) on :
Joe does have a point. I think it was pretty clear in the video that the adult owner did warn the cops about his dog in the car. The cops should have taken resonable action to secure the dog. By that I mean close the door! It's quite possible by the looks of the video that the only officer that heard the owner warn of the dog was the officer standing right next to him. This officer should have said something to the cops standing near the passenger side of the car. Had that officer done that I'm sure the other officers would have closed the car door. The microphone for the video is attached to officer that drives that squad with the camera. The side of the freeway is a very noisy place! This is why it is my opinion that probably the only officer that knew of the dog before it ran outa the car was the officer standing closest to the owner.
There is some responsibility of the driver of the station wagon for speeding so fast on the freeway. If you heard the 911 caller she said he was going at least 110 mph. Granted this is most likely an exageration but the wagon was going so fast as to draw her attention to it. It is wierd to me that a speeding car with some cash floating from it constitute a robbery though. This part seems strange. I would like to hear how the call was dispatched to the officers on the street. Quite often our dispatch will air calls to us with insinuated information.. rather then fact.
After carefully watching the video I have a hard time blaming the officer that actually shot the dog. Because of the darkness and speed at which the dog ran from the car directly at that cop he probably had no idea what kind of dog he was shooting so breed only plays a small factor in this for me.
Just my 2 cents.....
Keisha.......Keisha......wana GO-FER a ride!!!
Posted by Jomama (Member # 56) on :
quote:Originally posted by Chadwick: I have a problem with owners of insuficently trained dogs thinking that the rest of the world in any situation will enjoy their dog as much as they do.
I agree with you 100%, but do not see how this is in anyway relavent to the situation seen in the video. Just cause the dog got out of the car, doesn't mean its poorly trained. I'm suprised it took the dog that long to exit the car when the door was left open.
Mike has a point, the other officers may never have heard both the Husband & the Wife asking for the door to be shut. However, when assessing the scene, and "covering" the cuffing officer, don't ya think you'd notice a dog bouncing around in the car. At that stage of the video, 2 of the 3 people are already cuffed, so some time has already transpired. I don't blame the cop who actually shot the dog, given the light, situation, etc. he reacted as he should have. But I find it disconcerting that the 5 officers together, didn't use the sense that god gave a potato, and shut the door. I've been pulled over several times w/my dog, and the officers were always very VERY aware of the dog, and tended to separate me from the dog in a safe and reasonable manner....
[ 01-09-2003, 16:22: Message edited by: Jomama ]
Posted by Chadwick (Member # 45) on :
quote:Originally posted by Jomama: I agree with you 100%, but do not see how this is in anyway relavent to the situation seen in the video. Just cause the dog got out of the car, doesn't mean its poorly trained. I'm suprised it took the dog that long to exit the car when the door was left open.
No i just like to STIR Posted by Klaus (Member # 66) on :
quote:No i just like to STIR
Chad - you always fall back on this excuse when proven wrong.... It's actually quite humorous.
Posted by Chadwick (Member # 45) on :
Nice try.
And even if i was serious. It is pretty obviousy that i was not "proven wrong".
You can't expose something that isnt there scott. My argument was obviously meant to be inflamitory on purpose, and as usual it worked on you.
I'm MUCH smarter then you think there MONKEY BOY.
Posted by Chadwick (Member # 45) on :
And the fact that you think i was serious in all my statements (being that they were obviously inflamatory) makes it all the more fun for me.
CAUSE I GET YOU (AND JOE ) TO BITE HOOK LINE AND SINKER!!!! Posted by Klaus (Member # 66) on :
Riiiight that's why I made reference to Cramer posting as you........
Posted by Chadwick (Member # 45) on :
Do you think i really give a shit about other people's dogs, what harddrive people have, what constitutes save computing, or even wheather or not unions are good for society. I honestly dont care. It's all shit that DOSN'T REALLY MATTER.
Posted by Klaus (Member # 66) on :
Yes, Chad and I also believe that you believe that children should be put in cages. <----Look I am being sarcastic Posted by Jomama (Member # 56) on :
Trolling is even MORE GAY than the idea that you believe the nonsense you were spewing.
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