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.'''

[EBUCK]

Extended news on the Tenn. Dog shooting.

[Libertarianize the GOP]

http://www.freerepublic.com/perl/bump-list

[Wolfie]

The author left out the part about the Smoaks begging the cops to close the car doors so their dogs didn't get loose.

[mc10]

just for the record...the dog was not a pit bull...it was a very small dog and was wagging its tail in a very "friendly" way when he approached the idiot cop when the cop blew his head off... writing as a tennessean, i am extremely embarrassed about this whole situation and the cop should be jailed...

[EBUCK]

I didn't notice that but found this to be a bit "off"..

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.

If it was concluded that they had probable cause what was that PC based on, obviously not "robbery" because they are still trying to determine how that happened.

[per loin]

``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.''

On what facts was this bozo operating when he and his cohorts pulled a family over at gunpoint, made them kneel with guns pointed at their heads, and murdered their dog?

Perhaps he should go on TV and do a frame by frame analysis of those three seconds when the dog was out of the car and still alive. He can show us which wag of the dog's tail gave him the clue that the dog was faking being a friendly pooch.

[EBUCK]

Did you see the video?

In the cops defense, the dog was moving fast. About 2 seconds is all it took for the dog to circle around and head for the cop, at least by the tape that's what it looked like.

And a lot of pit-bulls are short statured like that. I heard that it was a bulldog, which in that amount of time could be mistaken.

Someone should have closed the door to the car IMO.

[NittanyLion]

"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 criminal what happened after that."

It didn't train right on him. The dog bounded out of the car, headed at first toward the side of the road, then turned and started walking toward the cop. All the while, its tail was wagging and it was trotting around.

[EBUCK]

Watching the video brought me around a little to the cops side...and if you don't know me you should know that this is extremely rare...

That dog made a bee line for him. He's trained to shoot dogs should they pose even the slightest threat. Trained that way because the police are becoming militarized.

[mc10]

go to tennessean.com and follow link to video of shooting of this dog and post it here...i haven't bothered to learn how to do this

[Wolfie]

Something reported at first, but not seen since, was that the family indicated that they played with the dog using a flashlight, and that's why the dog reacted the way it did.

[mc10]

you are right except when you view the video you will see that the dog wasn't even in the *slightest* way threatening the fool...i am a former resident of cookeville(i am ashamed to admit) and know the chief of police...he is probably even more stupid than the cop who shot this VERY SMALL DOG

[Mo1]

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[scouse]

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

It is obvious from this statement that this man is incapable of acting in a rational manner when he comes under any duress. He was alone, in fact he was surrounded by his brother officers. Had he been alone he may have shot the whole family.

[Severa]

That's the thing though, I've read in some of the news reports that the family can be heard on the tape asking to close the door to the car so the dog won't jump out.

[Sgt_Schultze]

It seems obvious that the police were searching for a serial litterbug. From the article, I remember a reference to $445. Maybe the police were trying to assess a fine for throwing out all the worthless Federal Reserve paper out the window.

[EBUCK]

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.

All in all it seemed to take less than three seconds from exiting the car to shooting and one of those seconds was spent off screen.

[Rebelbase]

Freep mail me if you would like to send an email directly to officer Hall.

[shootist]

Give the PUNK cop 50 years behind bars!

[EBUCK]

OK, just to play devils advocate here...

You are the cop, you are arresting a family for carjacking/robery (??????) and then a dog appears to be charging you. Could be a young pitt-bull (I own a pitt-bull and he's the best dog I've ever had but a lot of folks have bought into the pittbull from hell hype) and your afeard for your ankles....you've been trained to shoot threatening animals so you shoot.

Now you feel bad but how could the situation have been avoided? He should have closed the car door but I imagine that training and procedure have made the officer immune to please from the accused...

[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.

[Wonder Warthog]

"Barney Fife is alive and Living in Cookeville."

You insult ole Barney by comparing him to this incompetent jerk of a jack-booted thug.

[Bloody Sam Roberts]

James Smoak, who owned the 1 1/2-year-old pit bull-boxer mix named Patton.

G-d dammit!

The owner himself stated that it was a BULLdog-Boxer mix. NOT a Pit bull! What the F is wrong with these idiot reporters?

How tough is it to get the facts straight? Or are they trying to get sympathy for the cop because he was almost the victim of a nasty old Pit bull?

[EBUCK]

Yah, I guess when it gets down to that level then incompetence is a defense, but that kind of failure should be held up to the leadership of that department and they should be held accountable for hiring someone like that.

[EBUCK]

Judging by the language seen here since this broke I imagine that there are probably some "real" threats coming in...

[EBUCK]

I agree FULLY!!!!

DeMilitarize the Police!!

[Area51]

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.

Sorry but I take strong issue with that. First, any police officer takes the position KNOWS that they are holding the public trust.

It is given to them to PROTECT, not abuse. When they fail to protect, that level that the Public holds them to is deminished. BY their own deeds. And further. When a Cop kills, we MUST hold them to the same LEGAL standard as they hold the rest of us. Otherwise it is Tyranny.

[Diplomat]

Officer Hall did nothing wrong here. He is the victim of the Tennesse Highway Patrols stupidity. I've heard this dog described as small by several posters. I couldn't get the video to download and play clean, so I can't make a size judgement myself. But wouldn't a full grown pit-boxer mix be a medium to large size dog? Small dogs are toy poodles, pugs, pomeranians, etc. Pits are classified as medium and boxers are larger sized than pits. Having some experience with pits and mixed pits, I would NOT have hesitated to shoot the dog that came after me either. Pitbulls are EXTREMELY loyal to their family who treat them well and make excellent guard dogs. Furthermore, pits have very powerful bites, but more importantly, they lock-bite their prey. In otherwords, it or their prey must die for them to give up the bite. This is why they are often used by dog-fighting aholes.

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. This statement is where the true problem with this police action lies. Can someone please explain how the THP concluded a FELONY ROBBERY had been committed by the discovery of a wallet on the highway with money spilled from it and STILL IN IT when recovered? This is what mystifies me, the stop never should have been made and the wallet should have been taken to the police lost-and-found. No one reported the wallet stolen. So why do the police get to assume that to be the case with a wallet that CONTAINS cash?

[EBUCK]

Neither did I but the audio was pretty poor and spotty in some areas...could (a small chance I admit) have been that we can't hear it.

[Bloody Sam Roberts]

If it was concluded that they had probable cause what was that PC based on, obviously not "robbery" because they are still trying to determine how that happened.

I've wondered that too. If they have a report of a robbery, why didn't they just go to the gas station where the cell phone busybody made the call from? Surely they would have found no evidence of a robbery. And most certainly they would have found at least one attendant that would have set the record straight before they tear off down the highway looking for something or someone to shoot?

[Bloody Sam Roberts]

``It's kind of taken a life of its own where people are judging without knowing all the facts.''

Well, hellfire Barney! If it's alive...that means you can kill it! Shoot it! Shoot it! Shoot it!