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Felony Stop Leaves Family Traumatized
Herald-Citizen ^ | 01/02/03 | Mary Jo Denton

Posted on 01/03/2003 4:20:59 PM PST by Copernicus

'Felony stop' leaves family traumatized

Mary Jo Denton

Herald-Citizen Staff

It was the most traumatic experience the Smoak family of North Carolina has ever had, and it happened yesterday afternoon as they traveled through Cookeville on their way home from a vacation in Nashville.

Before their ordeal was over, three members of the family had been yanked out of their car and handcuffed on the side of Interstate 40 in downtown Cookeville, and their beloved dog, Patton, had been shot to death by a police officer as they watched.

****************************

About that time, he heard the officer broadcast orders over a bullhorn, telling him to toss the keys out the car window and get out with his hands up and walk backwards to the rear of the car.

Still not knowing what he was being stopped for, Smoak obeyed, and when he reached the back of the car, with a gun pointed at Smoak, the trooper ordered him to get on his knees, face the back of the car and put his head down.

When he did that, the officer handcuffed him and placed him in the patrol car. Then the same orders were blared over the bullhorn to "passenger" and Pamela Smoak got out with her hands up, was ordered to the ground, held at gunpoint, and handcuffed. Next, Brandon was ordered out and handcuffed in the same way.

Terrified at what was happening to them for no reason they knew, the family was also immediately concerned about their two pet dogs being left in the car there on the highway with the car doors open.

"We kept asking the officers -- there were several officers by now -- to close the car doors because of our dogs, but they didn't do it," said Pamela Smoak.

And as the officers worked in the late evening darkness, their weapons drawn as the Smoaks were being handcuffed, the dog Patton came out of the car and headed toward one of the Cookeville Police officers who was assisting the THP.

"That officer had a flashlight on his shotgun, and the dog was going toward that light and the officer shot him, just blew his head off," said Pamela Smoak.

"We had begged them to shut the car doors so our dogs wouldn't get out, and they didn't do that."

As the dog was heading out of the car toward the officer, "we had yelled, begging them to let us get him, but the officer shot him," she said.

Grieving for their dog and in shock over their apparent arrest for some unknown crime, the family could only wait. At one point, one state trooper did tell them they "matched the description" in a robbery that had occurred in Davidson County, Pamela Smoak said.

The ordeal went on for a time after that, the family terrified and in grief over the dog.

Excerpted-Click here for complete account


TOPICS: Crime/Corruption; Culture/Society; Government; US: North Carolina; US: Tennessee
KEYWORDS: banglist; beufordtjustice; copernicus4; copsontheloose; donutwatch; jackbootedthugs; keystonecops
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To: blackdog
Just out of curiosity, how much does a remote camera and recorder under the back seat cost? It would be a worthwhile option for me. Pulled over? Do what you are told, but let the tape be rollin.

Not much. Pin hole cameras are pretty cheap and good ones do well in low light.

There are already people that do this, in their cars and homes just for these purposes and for security....

121 posted on 01/03/2003 7:16:10 PM PST by Joe Hadenuf
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To: HairOfTheDog
Why was a dangerous situation assumed?

All of what you are saying about the original report is probably true. The OFFICERS who made the stop however, probably did not KNOW ANY OF THAT!

All of you are Monday Morning Quarterbacking this situation. The officers were told to look for a car with such and such a description that may have been involved in a felony. It wasn't. WHAT, THOUGH, IF IT HAD? That is why a dangerous situation MUST be assumed... because, in this day-and-age, these situation have and DO happen.

Police are trained to treat even routine traffic stops as potentially dangerous. Why do you think they stand BEHIND your door and have their hand on the butt of their gun, while they hold their LEXAN clip board in the other?

122 posted on 01/03/2003 7:18:04 PM PST by Swordmaker
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To: blackdog
The only problem being, is once you are handcuffed and removed from your car or home, they will find the camera and recorder and your film will turn up missing.......
123 posted on 01/03/2003 7:19:04 PM PST by Joe Hadenuf
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To: Bogolyubski
" It is quite unfair to characterize all police as a bunch of trigger-happy bully boys out for a good time of beating up on defenseless civilians."

And it's even more unfare for the police to characterize all civilians as a bunch of criminals. In fact, more police are crooked than members of the general population.
124 posted on 01/03/2003 7:19:16 PM PST by babygene
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To: Rebelbase
Cookeville is where the Tennessee Highway Patrol has a major facility. There are a good many new trainees on the road from Cookeville to Kingston and they are hungry to write tickets and get action. Cookeville is where I first met a radar set up on a tripod a good distance away from where the THP pulled me over.
125 posted on 01/03/2003 7:21:06 PM PST by vetvetdoug
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To: Swordmaker
You're being baited into an argumentative situation you cannot win. Quit playing the game. You're basically right about what you're saying, it's just the way your COMING ACROSS. Also, don't assume everyone on here is reactive. Chill and read for a while and let it settle down. When people stop to think about it...they'll be more inclined to be reasonable and to realize that justice will eventually be served as more information comes out and they have a better perspective on what happened.
126 posted on 01/03/2003 7:21:24 PM PST by MeneMeneTekelUpharsin
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To: Republic of Texas
I am too tired and lazy to find it, what kind of dog was this?
127 posted on 01/03/2003 7:21:57 PM PST by Joe Hadenuf
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To: Swordmaker
The officers were told the car had a wallet fly off of the car that had a lot of money in it. If a dispatcher, or the cop that heard that call, turned that into a felony, then THAT is where the first screw up happened.

I know cops have to be on their guard in any stop. That doesnt make every stop a felony stop. If they had stood "BEHIND the door with their hand on the butt of their gun, while they hold their LEXAN clip board in the other? " as you describe is prudent, none of this would have happened.
128 posted on 01/03/2003 7:24:21 PM PST by HairOfTheDog
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To: Joe Hadenuf
Bulldogs, both of them.
129 posted on 01/03/2003 7:24:26 PM PST by Republic of Texas
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To: Copernicus
Shoot a police dog, go to jail, but the cops seem to think that killing family pets is a fine idea. I just wish dogs could shoot first!

"If worms had machine guns, birds wouldn't f*** with them!"

130 posted on 01/03/2003 7:25:33 PM PST by PatrioticAmerican
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To: babygene
You know, Khrushchev was a communist and he was more freedom loving than you are. IMHO your full of sh!t, your feet stink, and you don’t love Jesus…

Why, Thank you, for your most helpful opinion. Seeing as how it has been several hours since I had a bowel movement, and most people's feet are not exactly a pleasure to smell, the first true are probably true, the third, however, you cannot know.// but, as it happens, it is false.

Ad hominum attacks will not win you points.

Loving freedom has little to do with this situation. Proper police proceedure when their are potential bad guys out there is what we should be talking about. We HIRE these people to put themselves in danger for our sake. We do not hire them to be POLITICALLY CORRECT and allow themselves to be killed or injured when they have the means to prevent it. If a dog is advancing, and there is no other means to stop it, deadly force IS AUTHORIZED, to prevent injury or death of a human being.

It may seem callous, but no human beings were injured in this stop. Had the dog not been shot, it is very likely a person would have been injured. In this case, a dog is not allowed 'one bite.'

131 posted on 01/03/2003 7:31:37 PM PST by Swordmaker
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To: Copernicus
First the WOD attempted to adjust the public to the idea that it is acceptable to be treated guilty until proven innocent and have any cash over 750 bucks confiscated.

Then the attempt was made to adjust the public to the idea that it is ok for your personal bank to be an extention of the DEA and the IRS with it's "Know Your Customer" routine.

Then there is the on going training of the American public that it is ok to be treated like a criminal until proven innocent at the nations airports while they frisk grandma.

Then the attempt was made to launch the TIPS program.

Now the Maryland police are using TIPS they received during the sniper case to go door to door searching for reported guns.

Is there a pattern here?
132 posted on 01/03/2003 7:34:44 PM PST by MissAmericanPie
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To: babygene
Do you have any figures to back that claim up? Note that I didn't state that "all police are saints who never lie" but that most were honest Americans trying to do a tough, stressful, often thankless job. Also, on what basis do you make the claim that "police characterize all civilians as a bunch of criminals." There are, no doubt, a number who do - which doesn't prove that the majority hold such a view.
133 posted on 01/03/2003 7:36:17 PM PST by Bogolyubski
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To: Copernicus
This is horrific.

"I saw one of the THP officers walk over to the city officer who had shot the dog and grin," he said.

He reported that to the supervising officer, THP Lt. Jerry Andrews, and Andrews "was very nice, very professional," Smoak said.

"He told me the officer was not laughing, but I know he was," said Smoak.

That officer needs to be removed and the others looked at VERY closely. There was no reason to leave the doors open on a highway with two dogs inside while the occupants were handcuffed. How horrible to see your pet killed.

134 posted on 01/03/2003 7:39:45 PM PST by nmh
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To: Copernicus
Step 1: See attorney.

Step 2: Sue the law enforcement agency

Step 3: Sue the dog killer personally.

Step 4: File official oppression charges with State attorney general's office.

Step 5: File civil rights violation charges with FBI.

Hi officer! Was shooting the dog fun? You'll just love the sequel! Have a nice day!

135 posted on 01/03/2003 7:41:12 PM PST by neutrino
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To: MeneMeneTekelUpharsin
You're being baited into an argumentative situation you cannot win. Quit playing the game. You're basically right about what you're saying, it's just the way your COMING ACROSS. Also, don't assume everyone on here is reactive. Chill and read for a while and let it settle down. When people stop to think about it...they'll be more inclined to be reasonable and to realize that justice will eventually be served as more information comes out and they have a better perspective on what happened.

I merely stated what I thought the outcome of this case would be. I believe that the police probably acted properly givent the INFORMATION THEY HAD. I am sorry if I have offended the poeple on here who would prefer to FEEL about this particular tragedy than to THINK about what is good POLICY.

This tendency of American's to FEEL rather than THINK results in bad law and makes bad situations worse. DEMOCRATS legislate based on feelings... not on what is proper and works.

136 posted on 01/03/2003 7:41:33 PM PST by Swordmaker
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To: weaponeer
" From the statistics I have seen, it doesn't just seem that way, it is"

My son’s father-in-law (the co-grandfather of my grandson) is a lawyer and was a prosecutor for many, many years. What he tells me is this:

You can go into a high school and if you pay attention you can pick out the boys who will end up on the police force. Look for the kids who are not very popular, kids who are picked on for one reason or another, or kids that just don’t seem to fit in. Filter that by not being academic achievers and you have the next crop pf police.



137 posted on 01/03/2003 7:41:56 PM PST by babygene
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To: Copernicus
It's important not to throw wallets out windows of moving cars. At least when the police are watching, doncha think?
138 posted on 01/03/2003 7:48:49 PM PST by Concentrate
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To: Swordmaker
I THINK you are assuming as much as anyone here about this case, while knowing no more than anyone else. Proper procedure is designed to keep everyone safe. Cops, suspects, bystanders, everyone. Even pets. (Since they can get violent)

Therefore, when someone, or something gets shot in a felony stop, it is a RESULT of faulty procedure. The object is a stop where NO ONE gets shot. That didn't happen here. Someone f-ed up and it wasn't the people in 'cuffs.

139 posted on 01/03/2003 7:52:03 PM PST by Republic of Texas
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To: Swordmaker
I am sorry if I have offended the poeple on here who would prefer to FEEL about this particular tragedy than to THINK about what is good POLICY.

No one here has even feigned offense at anything you have said. I for one, just THINK you are wrong about supporting a policy where a family on vacation is accidently thought to be a felon because his wallet fell off his car. There were kids in the vehicle for cryin' out loud, and they followed it for awhile, so they should have been able to read their situation better. Yes, cops are required to show good judgment...

140 posted on 01/03/2003 7:52:12 PM PST by HairOfTheDog
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