Posted on 01/21/2003 5:52:02 AM PST by Sungirl
(An updated article is posted now:
Dog killing cop
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No disciplinary action: city manager TN.. dog killing cop UPDATE...
No disciplinary action: city manager Charles Denning Herald-Citizen Staff
Cookeville City Manager Jim Shipley has backed up police officers and recommended no disciplinary action against the officer who shot and killed a family's pet dog during a high-alert traffic stop on I-40 in Cookeville on New Year's Day.
Shipley's report and recommendation came during last night's regular meeting of the City Council -- but there were few things "regular" about the meeting.
Its location was moved yesterday morning from the small Council Room in City Hall to the Cookeville Drama Center, directly across East Broad St., which has about a 400-seat greater capacity because officials anticipated a large crowd in the explosive aftermath of the New Year's Day incident.
But the winter's first snowstorm began to fall about mid-morning and by the 6 p.m. start of the meeting, several inches were on the ground, probably cutting attendance. The auditorium was not more than one-fourth full.
Having the meeting in the dark, cavernous Drama Center, built and lighted for theatricals and not public meetings, lent an awkward and strange atmosphere to proceedings. The five Council members and a few other officials were rowed at a series of long tables across the stage, and strong lights from the high ceiling created a mix of deep shadows and harsh highlights.
Two TV cameras from WCTE, the public television station here, flanked the Council table, and microphones were set up for them and for other speakers.
"We are heartsick about events that unfolded in Cookeville," said the city manager, apologizing again to the Smoak family of Saluda, N. C.
But Shipley said he had reviewed the results of a special investigation conducted by an official with the International Association of Chiefs of Police, Mary Ann Viverette, who is police chief in Gaithersburg, Md., and who is active in the accrediation of law enforcement agencies; and said he had reviewed an internal investigation conducted within the Cookeville Police Dept.
The "heart of the issue" regarding the shooting of the Smoak pet by Cookeville Officer Eric Hall rests upon the officer's "perception" and whether he "believed his safety was in jeopardy" at the moment he fired his shotgun, said Shipley.
Shipley added last night: "Many times -- including official reports, a personal visit with me and two exclusive interviews -- Officer Hall has clearly and convincingly stated that in the second before he used force, he believed his safety was in jeopardy."
"As horrific as this unfortunate incident has been," said Shipley, "I must concur with Chief [Bob] Terry and recommend no disciplinary action be taken against Officer Eric Hall. This officer has been exhaustively scrutinized and, sadly, the safety of his family and even his own life have been threatened repeatedly. It is my hope that we can now begin to heal."
Shipley said Chief Terry had contacted the 'Humane Society' and 'People for the Ethical Treatment of Animals" in order "to pursue further canine-training opportunities."
In a personal letter to the Smoaks, Shipley also said that "There is a Tennessee State Senate investigation that could add more insight or suggestions on how to handle situations like this in the future."
Chief Terry and City Attorney Mike O'Mara were on their way to Nashville this morning to attend the State Senate committee hearing.
Members of the City Council last night addressed several questions to the city manager following his presentation. "One of the biggest questions I'm hearing," said Vice Mayor Steve Qualls, "is, 'Why did they [either the
Cookeville officers or the Tennessee Highway Patrol troopers] not shut the car doors?'" [in order to prevent the dog from hopping out of the vehicle after it was stopped and after the three Smoak family members had been removed].
Answered Shipley: The "felony stop" was called by the Highway Patrol and "Our officers were on hand as back up to protect the troopers -- they had their weapons shouldered [shotguns] and could not have closed the doors."
Asked Councilman Ricky Shelton: "Could they have used pepper spray instead of shooting?"
Answered Shipley: "We have to remember that this was a 'felony stop.' Our officers are not trained to hold a weapon in one hand and pepper spray in the other. He had to make a split-second decision and did what he had to do."
Asked Council Member Jean Davis: "But why shoot a dog with a wagging tail."
Answered Shipley: "Officer Hall thought the dog was going to attack him, as he has said on numerous occasions."
Asked Councilman Shelton: "How did you pick Chief Viverette to conduct the investigation?"
Answered Shipley: "I had her resume. We were turned down by one or two others. She's heavily involved in the police accreditation program, and the Cookeville Police Dept. is one of 20 in the state that is accredited."
Mayor Chuck Womack, apologizing to the Smoak family and saying that "we remain deeply shocked," said, "I was horrified when I watched the videotape [of the shooting] -- we are all shocked, disturbed, angered and ultimately left dazed."
Womack characterized the entire episode as "a domino effect" beginning with the erroneous "felony stop" [no crime had been committed that would have warranted a 'felony stop'] and culminating in the shooting of the dog.
The mayor replied to those who have made death threats against Officer Hall and threats against his family and said, "This type of behavior is reprehensible... On behalf of his family, on behalf of our community, on behalf of humanity, we ask that any individual displaying this kind of hostility please stop immediately."
Mayor Womack listed a series of strict guidelines for anyone who wished to speak. "We cannot debate or answer your questions," he said. "Just give your comments. Please do not make threatening or slanderous statements, do not use curse words and try not to be repetitious or redundant."
Remarks were limited to three minutes each, and seven came to the microphones to speak.
McCoy Shelton of Cookeville, who said he is 78-years old and in years past has held positions with the city including fire chief and director of Public Safety: "Hindsight is always 20/20," he said in support of the police action. "All of us have made decisions that we'd like to change... When you go home, stand in front of a mirror and ask if you've ever made a decision that could have been better."
Jim Greene of Cookeville, who submitted a lengthy statement in which he said he had "vast experience in the field of law enforcement," analyzed the incident in detail: "The stop, at best, should have been done as a check-welfare. A felony stop was not justified based upon the information available ... using the citizen information... There were not sufficient facts to justify the actions of this stop."
Wayne Simcox of Cookeville received loud applause when he said: "It was a situation that just happened. It was nobody's fault. The THP and Cookeville Police did nothing wrong... Here's your chance to stand up and say we have the best police department in the country."
Debbie Aaron of Cookeville who said she was "an ex-cop": She asked a series of questions about the incident, also alleging that "This officer has shot at least three dogs that we know of in seven short years," suggesting that others may have been shot and implying that "all the information in this case, including what took place at the scene AFTER the shooting" had not been revealed.
Christina Honeycutt, who identified herself as the daughter of Cookeville Police Capt. Nathan Honeycutt: She described an incident in which her father used his police car to block traffic on busy Willow Ave. while he came to the rescue of a "puppy dog" that had fallen off a truck into the street and said, "Eric did the right thing, and I support him 100 percent."
Vickie Walling, who works part-time for the police department as a reserve dispatcher: She criticized "biased coverage" by the news media who, she said, have "exaggeraged the importance of this incident... They have given every malcontent an excuse to harass the police department ... [and caused] complaints from the misguided and crackpots."
Sheila Weiker, former wife of a police officer: "If anyone else had been given this exact situation, they too would have reacted the same way [as Officer Hall]. This nation's priorities have gotten 'way out of line ... in the irresponsible persecution of Officer Hall and his family."
Published January 17, 2003 11:49 AM CST
This presupposes that the police in his department are capable of feeling embarrasment for mistreating the peasants. Probably lots of high fiving going around.
Was this brought up at the meeting last night?
Becki
If an officer is allowed to lie after the fact by insisting he "felt" his safety was in danger, then the fix is in.
Apparently, police officers have no strength in their legs, shoulders, or upper bodies, so they can't close a car door without using their hands. If the officers were unable to close the car door while holding their weapons on the "suspects," they should ban chewing gum while on duty.
I predict the town will be bankrupted by this thing. Or unable to get insurance.
Sorry, I would not want him on my taxpayer funded police force trying to protect me.
Now, a poster above stated how the cops 'can't believe all these crazies coming out against them'. This shows how far out there these guys are, and how self-deluded they can become to stand behind one of their own. Nothing but trouble headed for Cookeville, Tn.
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