As family shrieks, police kill dog (probably due to a lack of fresh donuts)

CNN ^

[spetznaz]

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's 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 THP, 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 alongside 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 Smoak's 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."

[spetznaz]

Ok, there must have been a better way for the cops to have handled that situation! Actually come think of it i have seen cops struggle for over an hour with a stray dog (that was snarling and snapping at them) ....for over an hour ....until they managed to safely remove the dog from the car (the dog had jumped into the car when it stopped).

If those cops would have the patience to spend that time (and risk a bite) to ensure the dog was removed without any need for a shotgun i do not see why the Tennessee cops would pull over a family, shackle them, and then shoot their dog! They could have used extra prudence and checked up on the vehicle (in my parts when cops stop a car they have this computer thingimajig in their car which they can use to run the number plate and see if the car is stolen ....maybe Tn cops do not have such stuff). And why did they have to handcuff the whole family ...and even if they felt the family boded some 'danger' why did they not shut the car door so that the dogs would not get out (the wife pleaded with them to close the doors).

I think these cops were simply behaving unprofesionally (or maybe in Tennessee families driving in cars with their dogs fit the profile of 'violent criminals bent of death and mayhem who need to be cuffed and forced to kneel, and have their rabid bloodthirsty hounds of hell put to death!')

sheesh!

[dts32041]

Hey this is Al gores staet, and the jack booted thugs, must favor pussy cats.

BTW I wonder how much TN tax payers are going to have to fork over for these jack booted thugs lack of professionalism.

[Cold Heat]

I would do everything in my power and beg for help to get some badges forfeited for this!

I really feel for these folks.

[spetznaz]

You may want to have a look at this.

[ambrose]

Filthy PIGS. YES, PIGS!

[ambrose]

Itchy Finger Cop Alert

[spodefly]

What sort of psychological misfits are they allowing to have a badge in Tennessee? Every quote/unquote "officer" involved in this cluster#%&* should be fired and prevented from having any other law enforcement job. There is enough poor judgement and overbearing macho nonsense here to taint all of them, including those that hired and 'trained' these JBTs.

Maybe the FBI is hiring ... been a while since they shot any Eagle Scouts in the face during bogus felony stops.

[ambrose]

I wonder how much TN tax payers are going to have to fork over for these jack booted thugs lack of professionalism.

Sadly, not much in this case... generally, liability for killing a dog is its replacement value. Since this dog was a mutt, probably not much.

[TaZ]

You're not including compensatory and punitive damages for intentional infliciton of emotional distress under the color of law...could run into the millions.

BTW, this has been extensively discussed on two thread before...here's the main one...

http://www.freerepublic.com/focus/news/816513/posts

[spetznaz]

What about using those lawyers who somehow manage to get truck loads of cash by using arguments like 'sentimental value' and 'psychological anguish.'

I usually think such lawyers are nothing more than predators but i think this is one place they would really be useful!

The dog may only cost 100-200 bucks however i am sure to the family it was priceless ....like one of the kids! Hence just giving those folks a couple of benjamins and expecting things to be smoothed over should nto be allowed to be! Those cops essentially killed a member of the family, and i am sure one of those sly lawyers can find a way of making the police department pay for their irrational actions.

[TLBSHOW]

The cops are out of control...

[Ouachita]

Bastards!

Watch the video here.

[ambrose]

A much better approach would be to find out where these Pigs live and.... [censored]

Can't imagine a jury convicting.

[ambrose]

I seem to recall that in most jurisdictions, you can only recover emotional distress damages when witnessing something bad happening to an immediate family member. A dog would not qualify under such a rule.

[ambrose]

Oh my god! The dog was wagging its tail!

[TaZ]

"I seem to recall that in most jurisdictions, you can only recover emotional distress damages when witnessing something bad happening to an immediate family member. A dog would not qualify under such a rule."

Well, you better check your law references again...it has nothing at all to do with what caused the emotional distress, just that it was wrongly inflicted, either intentionally or negligently...

[lawgirl]

OH that is so sad. I cannot imagine.

There's a lawsuit I'd agree to represent.

[lawgirl]

They wouldn't get emotional distress, just state damage of property. Still. Put it before the jury and watch the $$$ rack up. ;)

[TaZ]

"They wouldn't get emotional distress, just state damage of property. Still. Put it before the jury and watch the $$$ rack up. ;)"

You watch the video and tell me a jury wouldn't award for emotional distress...

[Ouachita]

Yeah. Real threatening wasn't it?

[budwiesest]

From a previous thread similiar to this they were ordered to toss the keys from the car before ever getting out- wherein they each had to walk backward with hands-on-heads toward the cruiser. From the git-go, this wasn't your everyday, normal stop.

Where in the driver's manual does it state that when one is asked to 'toss keys' from the car one should realize that they are engaged in a felony stop-in which the cops may blow anything away that appears 'dangerous' to them? At close range, the riot gun practically took this dog's head off.

Wonder if we'll ever see it on COPS. Probably not, could tarnish an already pristine image of those who job it is to serve and protect (all the while adorning full SWAT chlothing, military battle fatigues, etc).

My assumption from all that I see re:law enforcement/ their tactics is that we live in a much more dangerous world than previously imagined. Given their military approach to all things civilian, I'd suggest we prepare to do the same.

Long live the Second Ammendment. BLOAT

[baseballfanjm]

My dog is mostly black lab, and about 1/4 mixed. We only got her for $75 from a guy who's dog had a litter but she's worth more in my opinion than those pampered up $500 toy dogs.

[TaZ]

"My assumption from all that I see re:law enforcement/ their tactics is that we live in a much more dangerous world than previously imagined. Given their military approach to all things civilian, I'd suggest we prepare to do the same."

Yeah, when they come to our homes one by one, they'll be able to identify the dangerous types for summary execution...look Captain, this guy was a militia whacko, he had fatigues on!

Good job my lil' grunt, he might have shot at one of the State's officers!

[ambrose]

If some dumb ass Pig murdered my dog I wouldn't even think twice...

[Joe Hadenuf]

Totally insane.........

[ambrose]

When is the "police are always right" crowd going to show up?

[budwiesest]

Perhaps a subtle message, but they are sending it just the same (along with the media hype of every crime that takes place within your local jusrisdiction). The outfits, the attitudes and the take-downs all suggest we live in dangerous times and someone had better get a clue. (Myself, I think it's a classic case of projection where they appear to be readying themselves to better be able to face some nasty foe, when in truth, it is them.)

Suppose a robbery 'had' occurred at the store where this guy left his wallet on his car. The robbery could only have been carried out successfully had the victim been unable to defend himself (which is the case for the majority of people traveling these days).

Which brings us back to the Mighty 'Ole 2nd. Failure to heed our Founders most basic "right" is what led to this dog's death and the humiliation and horror experienced by this family.

Somebody elect me president and I'll make it illegal for anyone to be in public who isn't armed. Penalty- your own fate. You may remove your weapons at home, of course. Zero crime, it can happen in our time. All it takes is will.

[Thud]

The first question is whether the officers at the scene had cause to draw their weapons at all. Right now it appears they did not. This is my day job.

[TaZ]

"Somebody elect me president and I'll make it illegal for anyone to be in public who isn't armed. Penalty- your own fate. You may remove your weapons at home, of course. Zero crime, it can happen in our time. All it takes is will"

I'm afraid that the corrupt politicos from both parties would be more willing to confiscate ALL of our guns that let that happen...a mind-washed, disarmed sheeple is much easier to fleece.

[ambrose]

You watch the video and tell me a jury wouldn't award for emotional distress...

If it ever gets to a jury. That's the key issue. If the case gets past the initial pleading stage, then the police department will have no choice but to settle.

[mysterio]

I can't see the video. Is the link just overloaded?

[TaZ]

"The first question is whether the officers at the scene had cause to draw their weapons at all. Right now it appears they did not."

By decree of the police state, the state's goons always have their weapons drawn at felony stops...FYI.

[Joe Hadenuf]

I am pretty much pro law enforcement. But I must say, there sure seems to be a lot of loose cannons parading around as police and sheriffs nowadays. This story is a glaring example of this.

[Hank Rearden]

Piece of s#$t pigs! I hope they get their asses sued off PERSONALLY. None of this "the taxpayers will pay" crap!

Sue the pigs. Then handcuff the pigs and sic a dog on them.

[ambrose]

Most likely... I was able to get through.

[ambrose]

Piece of s#$t pigs! I hope they get their asses sued off PERSONALLY. None of this "the taxpayers will pay" crap! Sue the pigs. Then handcuff the pigs and sic a dog on them.

Bump!

[ambrose]

Ping.

[Beernoser]

City better settle because a jury is going to award them the city budget.

[budwiesest]

.a mind-washed, disarmed sheeple is much easier to fleece.

True, but that is today's reality. Tomorrow's could be quite different, (now just where did I put all those mind-expanding drugs.......)

[TaZ]

"If it ever gets to a jury. That's the key issue. If the case gets past the initial pleading stage, then the police department will have no choice but to settle"

Trust me, the lawyers in this case smell blood and will not let it be settled prior to trial, unless the judiciary is as corrupt as the LEOs in Tennesee, which might be the case.

Then again, the local counsel might try to get this removed to Circuit Court...in which case the family won't see a dime.

[ambrose]

You know, I am giving some consideration to starting a website which will profile these abusive cops, and include their photos, home address and telephone number. Let nature take its course.

[Ouachita]

James Smoak looks at the
grave of his dog that was
fatally shot by a Cookeville
police officer after Smoak
and his family were stopped.

[TaZ]

BTW, I've heard this guy in two radio interviews and he sounds like a real calm, down to earth guy...

He said his family has been shattered by the incident and that he insisted that the cops give him his pooch in the bodybag they put it in, so they could bury it back home.

[budwiesest]

The only justification I can think of for the cop shooting the dog would have been if the dog were over six feet tall, with a beard you could wrap around your fist, with bad kidneys, wearing a turban, and going by the name of "Bin".

[TaZ]

Oh yeah, did I mention they brow-beat him when he asked to see their names & badges...the officer in charge told him, "I thought you said that if I let you out of the car and handcuffs you wouldn't cause any problems?".

[lawgirl]

They legally can't. ;-D NOW they can let the emotions of the people influence how much money they give them (and that might be up to debate according to legal precedent) but they cannot legally say "we award damages for emotional distress." There are VERY strict precedents for rewarding "intentional infliction of emotional distress". Usually it is only allowed for seeing a close family member seriously injured/killed. While I count my cats and family dog as a member of the family, America's judicial system doesn't. ;-D

[Ouachita]

I hope those f*ckers get a real long vacation as a reward for their brave deed.

[TaZ]

"They legally can't. ;-D NOW they can let the emotions of the people influence how much money they give them (and that might be up to debate according to legal precedent) but they cannot legally say "we award damages for emotional distress." There are VERY strict precedents for rewarding "intentional infliction of emotional distress". Usually it is only allowed for seeing a close family member seriously injured/killed. While I count my cats and family dog as a member of the family, America's judicial system doesn't."

Have you ever filed a complaint?

I guess we have to see what complaint is filed on behalf of the family and if the judge allows it to stand.

[ambrose]

Check out this related story (contains some additional facts):

http://www.freerepublic.com/focus/news/819436/posts

[TaZ]

BTW, I run a legal newswire service that every major lawfirm in NYC subscribes to and I have personally seen "Infliction of emotional distress" cases filed for everything from an wrongful termination of employment contracts and landlords harassing tenants to wrongful arrests and securities fraud.

If the lawfirm representing add "intentional infliction of emotional distress" on as a count in the complaint, they are not doing their job.