Cops sued over dog shooting.............

Status
Not open for further replies.

2dogs

Member
Joined
Dec 25, 2002
Messages
1,865
Location
the city
http://www.foxnews.com/story/0,2933,75151,00.html

COOKEVILLE, Tennessee — A family has filed multiple complaints after police mistakenly pulled them over as robbery suspects, then shot and killed their dog as it bounded from the car.





A tape released by authorities Wednesday documents the incident, which began when a Tennessee state trooper and three Cookeville police cars pulled over James Smoak and his family as they drove home Jan. 1 from a vacation.

The trooper suspected the Smoaks' dark green station wagon was connected to a robbery, Tennessee Highway Patrol officials said.

Troopers ordered the family out of the car, and the video shows James and Pamela Smoak and their 17-year-old son, Brandon, obeying. They came out with their hands up, got down and were handcuffed.

About a minute after the traffic stop, one of the dogs — a bulldog-boxer mix named Patton — jumped from the car and raced toward Cookeville police officer Eric Hall, who was holding a shotgun. The tape shows that Hall stepped back and fired just before Patton reached him.

The dog appeared to be wagging its tail as it ran toward the officer, the tape shows.

Patton died from the shotgun blast. And as it turns out, the Smoaks had not committed a crime at all.

Police had suspected them based on a report of money flying from their car as it sped down Interstate 40. They later discovered Smoak had simply left his wallet on the car while pumping gas.

Smoak, of Saluda, North Carolina, declined comment Wednesday. He said he is pursuing legal action and has been advised not to discuss the case. The Smoaks have filed complaints with all agencies involved in the stop.

Hall, the officer who shot the dog, has contended he had no choice when the animal charged him.

He has been reassigned to administrative duties pending an independent review. But the Cookeville Police Department's internal investigation found that Hall did not use excessive force.
 
If there's any justice, by the time this is over, it'll be "Smoakville" TN.

I think the CPD and the THP should have their nether regions sued off over the whole stop. If a tree removal service comes along and cuts down a tree or two on your property by mistake, they can't hide behind the "It was an honest mistake, we were only doing our jobs!" excuse, so why should Johnny Law be able to?
 
As one of those who has been condemning the cops in all this it may be surprising to hear me say this. I don't approve of the law suit(like what I approve of matters, I know, I know). If there was incompetence here, and I believe there was across the board, then those individuals need to be disciplined, terminated and maybe, if the cop did grin afterwards, prosecuted. But there's no reason the local citizens should have to pay out for this stupidity.

The Smoaks deserve a new dog or financial compensation for the dogs value. They deserve to see those who engaged in this stupidity dealt with. They don't deserve a pocket full of money which will come from the taxpayers and not the offenders. Even if there is no large financial settlement the court costs and attorneys fees still come our of the taxpayers pocket and they are in bad enough shape just having cops like these to deal with every day.
 
2nd Amendment:

In principle I agree with you. The problem is a culture in which governmental bureaucracies don't do unilateral disciplinary action except under fear of getting hit where it hurts. And, like most of us, that's typically the pocketbook.

Unfortunately, we've painted ourselves into a corner where a lawsuit may be a citizen's only practical recourse for leveraging all the other goals you describe.
 
It's a dog. Not a human.

It's criminal negligence that resulted in the unnecessary destruction of an irreplacable asset. The local PD and the THP both share blame, but to what degree is up to a jury to decide. Damages due? Most certainly.
 
It's not about the damn dog, it's about the treatment of innocents as criminals before any real facts became evident. How would you like to go through a s**t pile like this for the honest screw-up of leaving your wallet on the hood of your car?

You just don't get it, do you? Go back to sleep.
 
If if was a Pit Bull, and it managed to get it's jaws around the Officer's neck?

Then the idiot officer who left the door open despite /repeated/ requests to close it would still be partially to blame.
 
it was not a pitbull AND DIDNT EVEN LOOK LIKE ONE!

It was a bulldog. a short swat bulldog and no real danger to anybody(well he might drool on you) these folks pet was murdered pure and simple by an incompetant powermad LEO. Who had the nerve to grin happily after the carnage.
If he and the others were to get their come upence with the legal action I would agree with 2nd, but we know they never will without that sword hanging over the head of the gov't. they will just deney any wrong doing until a jury awards the smokes a vast amount of money.
All the officers involved in this fisaco should be suspended for 7 days at least including the dispacher who upgraded the info to a more serious crime. the shooter should lose his job period and have to make restititon for 3 times the price of a new bulldog puppy.(in some states if your dog damages someone and you are found neglagent the award is trippled.)
 
If if was a Pit Bull, and it managed to get it's jaws around the Officer's neck?

WTH?

What if the Smoaks all had machine guns and came out shooting?

What if they were Russian spies and the Taurus wagon was really a T-72?

What if my grandmother had wheels?
 
new leaf,

The point, which you seem to be missing, is that it was not a pit bull and it did not have its jaws around the officer's neck, so why even ask that question?

I don't care if it was a dog, a barbie doll or the back window of the Taurus wagon that got blown away, the fact is that an officer, for no really good reason, on a stop that was a screw-up from the start, destroyed a citizen's property.

...Law Enforcement Officers are involved in a war on crime. The dog would be collateral damage.

If that is your opinion, I sincerely hope that you are not an LEO. Where the civil rights of the citizens that cops are supposed to be serving and protecting are concerned, there is no room for "collateral damage". :fire:
 
"Ifs" count for nothing. The fact is the Smoak family were aggregiously abused by cops who had faulty information. What ever happened to verifying assertions before assuming them as fact?

Was the vehicle doing 110MPH? Nope. Did the occupants of the car (the Smoaks) look like they were car-jackers or kidnappers? Again, nope. How difficult would it have been for the cops to merely pull the car over, verify that nothing was going on, inform Mr. Smoak that his wallet flew off the hood of his car, and send him and his family on his merry way? Not very.

However, several testosterone laden (insert choice of expletives) decided to play Gestappo. Hope I never find myself in the same set of circumstances the Smoak family became involved in. But, given the propensity for people to willingly bend over and lose their rights for the "protective services" of the para-military police Gestappo, I am sure something like this will eventually happen to me.
 
Can't wait till you have some uninvited guests performing a no-knock at your residence. After your house is screwed, your wife and kids slapped in cuffs and thrown around like rags, your rights violated, and then the "good-guys" tell you "oops, our bad. tough s***." let me know what you think.
 
Let it go? That would be best I suppose, since you have made no rational argument.

Reason to believe? No, they had a screw up from moment one. Thing is that at any point it could have been defused by a simple application of common sense. Most of the notoriety could have been prevented by simply closing the soors. The damage could have been prevented by simply kicking the stubby little mutt in the head if he bothered the "officer" that much.

Instead a cowboy with incorrect data and no apparent common sense decided to pull the trigger on a 12ga in a public area with lots of people around to kill an animal that couldn't have inflicted any damage if it had been attacking. A bulldog for crying out loud. I'd be more afraid of my neighbors cat! Jeez.
 
New Leaf,
They stopped a car they had reason to believe was involved in an armed robbery.
Where does it say that there was any evidence of any robbery being committed much less an armed robbery? Was a robbery called in? Was there a description of the perpetrators and the getaway car that could honestly be mistaken for the Smoaks and their station wagon? There was no mention of a crime having been committed and no reports of a robbery having been committed. The only thing reported was that a car was driving fast and that money came flying off of it. Is that evidence of a robbery and demanding of a felony stop?

Somewhere along the way, somebody screwed up bigtime. Somewhere in the communications channels, a call for a car with money coming off of it became an armed robbery. Who made that determination?

New Leaf = Eric Hall?
 
new leaf,
No, the cops should not be our enemy. They should be the friends of the good guys. I'm not a LEO, but you could use up your fingers and a few toes counting my good friends who are. We've gone shooting together, done social and religious things together, and talked ad infinitum about their jobs.

So I'm not knocking LEO's in general, but bad mistakes were made here, and not just by the LEO's on the scene.

With authority comes responsibility. The end result was that these "friendly police officers" were enemies to good people. They should be held accountable for that.
 
new leaf,

"I would call the dog shooting unfortunate, but in case some of you haven't figured it out, Law Enforcement Officers are involved in a war on crime. The dog would be collateral damage."

Don't be so quick to judge, new leaf. Most of us have already figured out that more often than not, some law enforcement officers aren't in their line of work primarily to fight the 'war on crime' per se, but rather to get away with demeaning the common man through strongarm tactics to feed their egotist attitudes fueled by their own inherent psychological problems.

I suppose that may offend some law enforcement officers on this board, but after all, this is the high road and the truth does tend to hurt a little.

And before someone misinterprets what I've just said and paints me as being anti-cop, I am not anti-cop, I am anti-jackbooted-thug-cop. There's a difference. ;)
 
new leaf.

You might call it "anarchy"; I call it freedom. That and the return to the principles enumerated in the Bill of Rights.

To read your responses, it would seem that you do not hold them in great esteem. You would rather have no freedom in exchange for a pathetic "feeling" of security that, in reality, never existed in the first place.

Goodbye to you, too.
 
I think the Smoakes are right to sue the bejabbers out of these ignorang jack boots who blew away their family dog when they had ol=nly to close the frigging door as requested. Hope they end up owning the whole county if not the state.
 
I saw the video this morning on Good Morning America. They also interviewed the Smoakes (Father, Mother, and Oldest Son). Those cops were idiots. They deserve whatever comes to them. If it were my decision, they would never work LE again and the shooter would go to prison. :cuss: :cuss: :cuss:

Thin blue line my ***. They are lawless thugs, plain and simple.

Chris
 
Status
Not open for further replies.
Back
Top