posted on January 11, 2003 12:20:41 AM new
I was watching the morning news shows on ABC, NBC, and CBS and was absolutely shocked when I saw this segment. The in car camera of the police car recorded this and it was shown to the public.
A family traveling back to North Carolina from Tennesse was mistaken for people invovled in criminal activity and was stopped in the "felony traffic stop" mode.
All family members were removed from the car, one at a time, then handcuffed and IDed. The last family member out of the car didn't close the door of the car, and they were afraid the dog would get out and run onto the expressway. The family asked the police several times to close the car door to prevent this from happening. The dog got out and ran around the edge of the roadway. An armed police officer thought the dog was a Pit Bull, shooting it on the spot. The dog was actually a Bull Dog, and a family pet.
The police declined to be interviewed by the media.
posted on January 11, 2003 06:15:15 AM new
That little dog with the wagging tail(which did not look like a bulldog but some kind of terrier) was a major threat that could not be kept at bay with a night stick. A shotgun was the only way to control the life threatening situation.
posted on January 11, 2003 07:16:10 AM new
This reminds me of something that happened here recently. A man, wanted by police in another city, was chased by the police in my city. At one point, the man put a gun to his head. One police office tried to spray him with pepper spray. As a natural instinct, the man put his hands up to his face. Consequently, the gun looked like it was being pointed at the police. The police (many of them!) opened fire hitting the man numerous times killing him. Turns out, the man's gun was not loaded. While I understand the police officers' fears, why do ALL of them have to open fire? Could not one of them just shoot to maime? It also turns out that this man had NO criminal history, had fallen on hard times and may not have been who they were looking for afterall. (I know, I know. This still does not excuse him having a gun out.) The police officer using the pepper spray was shot. The media first reported it as the man shooting the officer. Turns out, he was shot by friendly fire. Friendly fire? The media hyped everyone up thinking "Yea! The police shot someone who shot one of their own" when in fact the police shot one of their own. The saddeest thing is, a 14 year old friend of my son's was there to witness the whole thing. She called our home that night crying hysterically over it. I guess we were lucky she wasn't shot, too.
Point is, sometimes the police are too quick to shoot and ask questions later. Overall, our police do a fine job in protecting us, but sometimes they do go a bit too far. How sad all of this is.
posted on January 11, 2003 07:17:59 AM new
It's unbelievable who they'll give guns into the hands of these days!
I don't doubt that the officer will resign, move away and take up another police job in a major city at twice the pay. At least he's shown that he's willing to pull the trigger wheather or not it mattered.
posted on January 11, 2003 07:21:57 AM new
Nonsense, Stusi!
"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.
The situation was clearly out of control and only the police can be held responsible for that.
posted on January 11, 2003 09:51:05 AM new
I'm an advocate of police . . . unfortunately, we need them because of all the jerk opportunists in the world . . . but an officer who couldn't quickly realize they'd pulled over a harmless family in this situation obviously possesses the intellectual agility of a dirt clod.
posted on January 11, 2003 10:20:19 AM new
The scary thing is how a few bills floating off the car became a robbery or a car jacking.
Excuse me but there was simply no complaint or report of a crime. The leap to seeing a felony in progress was the sign of a warped mind that sees "hostiles" everywhere.
posted on January 11, 2003 12:30:27 PM newShooting of dog was avoidable, they say
Two national animal advocacy organizations have complained to Tennessee authorities about the Jan. 1 police shooting and killing of a family's dog during a felony traffic stop on Interstate 40.
Both the American Humane Association and People for the Ethical Treatment of Animals have contacted the Cookeville Police Department and the Tennessee Highway Patrol to call for a change in how officers are trained to deal with animals.
In addition, the American Humane Association has called for disciplinary action against officers involved in the shooting, which was captured on videotape by a dashboard camera in a state trooper's car. While state troopers made the stop, Cookeville police officers were providing backup, and one of them, Officer Eric Hall, killed the dog with a shotgun blast.
''In the past two days, American Humane has received numerous calls and e-mails from concerned citizens across the nation expressing their outrage over this incident,'' Sharon O'Hara, the organization's vice president of programs, said in a statement issued yesterday.
''We understand the extreme pressures faced by our nation's police force. However, instances such as this can and must be avoided in the future.''
O'Hara also asked supporters of the humane association to write or call elected officials, their local highway patrol stations and local police departments to voice their opinion and ''request actions be taken to prevent similar incidents from happening.''
PETA President Ingrid E. Newkirk said her group also had been ''flooded with calls and e-mails.''
''We are writing to ask that, for the sake of animals, the public and your officers, you immediately implement animal-handling training and operating procedures to prevent such tragedies from occurring in the future,'' Newkirk wrote to Cookeville Police Chief Robert E. Terry. A copy of her letter was sent to the media.
The Cookeville Police Department has initiated an independent investigation of the dog shooting. A Gaithersburg, Md., police chief will lead the investigation. Terry could not be reached for comment last night at work, and there was no answer at his home number.
Both police agencies have expressed condolences to the James Smoak family, whose dog Patton was killed. Internal investigations concluded that the officers involved had followed procedures for conducting a felony stop but acknowledged there was no reason for the felony stop because the Smoaks had committed no crime.
A motorist with a cell phone told a dispatcher that she had seen money in the road after a car passed her driving faster than 100 mph. It was reported on police radios that the car may have been involved in a robbery. James Smoak had left his wallet on top of his car while pumping gas.
posted on January 11, 2003 12:42:14 PM new
I too, am a advocate of the police. However, there is good and bad apples in every group including the police. This cop demostrated this. This video showed an innocent family handcuffed and helpless screaming for mercy as the cop filled their dog with lead.
This is probally the most disgusting thing that I have ever seen a cop do.
If I were this family, I would put up a web site with the details of the situation. People have the right to know the truth about this, and to know who and where this officer is.
So much for Tennesse tourism.
BTW, when I first saw the video, I thought the dog was a Welsh Corgi. A dog about as big as Toto on the Wizard of Oz. This was on a blurry police video and not in person like the cop.
They shoot each other, too. Here's some news from March 08, 2002.
Officer Fired as a Result of Off-Duty Shooting, Chief Responds
Cookeville Police Officer Zac Birdwell, who allegedly shot another Officer early Sunday morning, was terminated Thursday after he failed to appear for a disciplinary hearing. Officer Sperry, who was shot in the neck, is still in Cookeville Regional Medical Center and is expected to make a full recovery.
Police Chief Bob Terry spoke to the Cookeville City Council Thursday to address the situation and answer questions. Chief Terry said that Birdwell had not been arrested because T.B.I. was investigating the case and that it is their common practice not to make an arrest before it goes to a Grand Jury. A Grand Jury is expected to examine this case on Monday. The following is from the Cookeville Police Department:
We want to provide you with some additional information concerning the Sunday morning (March 3, 2002)
shooting of Officer Brad Sperry. As a reminder, the T.B.I. investigation is still in progress so we cannot comment on most aspects of the incident at this time.
Officer Sperry's condition is still improving. We have every reason to believe he will fully recover from his injuries. We all appreciate the community's expressions of concern and support.
Zac Birdwell's employment with the Cookeville Police Department has been terminated, effective as of 9:45 A.M. this morning as a result of this incident.
The following is a statement issued by Chief Robert Terry to the Cookeville City Council at their regular meeting on Thursday (March 7, 2002).
"As a result of the incident that occurred in the early morning hours of March 3rd, 2002, the Cookeville Police Department has an officer in the hospital suffering from a gunshot wound, and another whose career has ended with the department. This tragic situation has affected not only the Cookeville Police Department, but also our entire community.
Allow me to first express my sincere appreciation to the Mayor, members of the City Council, the City Manager, and all of the citizens of our community who have supported our Police Department and its officers during these most difficult times. Every employee of the Cookeville Police Department as well as their families has been affected by this tragedy. Your thoughts, prayers, and words of encouragement serve to help us all through these very difficult times.
There are many questions surrounding the events of that night both from the citizens of our community as well as from members of our department. The Tennessee Bureau of Investigation is conducting a criminal investigation into this matter. In light of this investigation it is inappropriate at this time to release details regarding the incident until the investigation has been completed. I realize that this creates an environment in which rumors and speculation can flourish. Be assured that all of the facts regarding this incident will be made public at the conclusion of the investigations.
As the Chief of the Cookeville Police Department I am proud of the men and women under my command. Our department is staffed by officers and civilian employees I would gladly hold up for comparison to any other police department. The competence, pride and dedication found in our officers and staff is evident in all that our department has achieved. I absolutely refuse to allow the actions of one individual to cast a shadow on all we have accomplished. I feel an obligation to every man and woman employed by the Cookeville Police Department, to prove without any doubt, that this was an isolated incident and does not reflect on the quality of this department or its personnel. I will not allow the officers and staff of this department to work under a cloud of suspicion and mistrust.
With that in mind, I have arranged for an independent investigation to be conducted. I have requested Burl Smith, a retired agent of the Federal Bureau of Investigation to conduct this investigation. Burl Smith is respected by members of both law enforcement and our community as a whole. I have asked Burl to investigate the events that occurred leading up to the wounding of Officer Sperry. All officers and civilian employees of the department are cooperating fully. I am confident that this investigation will provide all of us with the answers we need to put this incident behind us."
posted on January 11, 2003 12:48:31 PM new
I have a sick feeling that that the trigger-happy local cop has a few more notches on his shotgun than we know about - he looked too casual as he was firing. How in the world could a grown man be afraid of that little dog? Poor thing was just confused about what was up with his owners. I hope the Smoaks sue the sh*t out of everyone responsible for this tragedy, so law enforcement makes it clear to its representatives that they work for us.
Weird timing, what with the Illinois death row releases . . . cops torturing confessions out of men they want to be guilty? What is this, Iraq?
"A Cookeville police officer is under investigation after shooting a family dog during a roadside traffic stop.
The Smoak family of North Carolina will never forget their vacation in Middle Tennessee. They were leaving town new year's day. The family was pulled over by police, handcuffed, and forced to watch the shooting death of their dog.
Along a lonely stretch of I-40 in Putnam County, James Smoak; his son, Brandon; and his wife, Pamela, were the subject of a felony stop.
'A felony stop is the worst kind of stop that can be made, and we were on vacation, lost our wallet. And that's the way they helped us, by arresting us,' Pamela said.
James Smoak claimed the traffic stop was over his wallet. While gassing up in Davidson County, he inadvertently left the wallet on the roof of his car and drove away.
Someone on the road, according to the Smoaks, phoned police, claiming the couple had just robbed someone. THP stopped the family at the 287 exit. Cookeville police were dispatched to help. James Smoak claims he was treated like a common criminal.
'I actually was close to an officer was when my head was on the ground and he cuffed me. And I never had my rights read to me or anything. They just threw me in the back of the car,' James said.
Mrs. Smoak and the couple's 17-year-old son were also cuffed.
The family claimed their car doors were left open right on I-40. When one of their two pet bulldogs climbed out and headed toward police, a Cookeville officer shot the dog to death.
That officer is Eric Hall, a reputable policeman, according to his comrades, who feels awful about what happened.
'My understanding is it was a pit bull dog. Eric believed that he was being attacked by the dog and that was his only recourse,' said Capt. Nathan Honeycutt.
Cookeville police have launched a full blown investigation.
'I would say it's not embarrassing in the least. It's extremely unfortunate. We hate that this situation happened,' said Cookeville Vce Mayor Steve Qualls.
But no one feels worse than the Smoaks, who Friday buried one of their loved ones, vowing never to return to Middle Tennessee.
The Smoaks said their dog is a type of bulldog, but not a pit bull. THP, which initiated the traffic stop, is also investigating, but because of the sensitive nature of the case, there is not a lot police can say. So, a lot of this is based on the Smoaks' account of what happened.
THP said it was all captured on video tape, which will become an integral part of this investigation."
For above article and other interesting news about the Cookeville Police Department:
"How in the world could a grown man be afraid of that little dog?"
Actually, for the best protection, small dogs are recommended. Burglars who know their business, will avoid homes with small dogs.
"Poor thing was just confused about what was up with his owners."
I agree.
BTW to all, the dog was a bulldog not a pitbull. So I was wondering if anyone can tell me if bulldogs are in the same catagory as pitdogs, in terms of being trained to fight and be vicious, et? Now I realize any dog can be trained, but some dogs are more apt to be for that training than others.
[ edited by clarksville on Jan 11, 2003 01:07 PM ]
posted on January 11, 2003 02:27:46 PM new
This was, I believe an English Bulldog. While this breed *was* bred & used for fighting & bull-baiting in the distant past, it has been over 100 years since it last served that purpose. In fact, the breed as wee know it today is quite a different dog than ints ancestors. In was "re-engineered" in the 19th Century by people who wanted to save the breed from dying out. Today's English bulldog has a pretty mellow temperment overall and is no longer considered a "fighting dog." Censorship, like charity, should begin at home; but unlike charity, it should end there --Clare Booth Luce
posted on January 11, 2003 04:33:44 PM new
Can you imagine the shock, agony and disbielf they experienced in their ride home?
When I was growing up in the 1960's, the older lady down the street had an English Bulldog. I was somewhat afraid of it, but I was 10 years old or so. Due to this, I stayed away from it. Do you think this cop may have had a mindset or the emotional makeup of a 10 year old?
posted on January 11, 2003 05:23:26 PM new
Jeeze, saw the video today. The dog had a goofy "what's going on what's going on" gallop going. He was doing the running sideways sort of thing that all dogs do when they get excited. The family was audibly hysterical, asking them to shut the car door.
posted on January 11, 2003 05:41:04 PM new
Hi Clarksville - Small breed dogs ARE tough . . . I have a miniature dachshund who I'd match pound for pound (9) with anything else. They were bred to yank badgers out of their burrows years ago.
But I'm a grown man, and as such, I can promise you an attacking dog of that size can be fought off without killing it.
I saw the video and there was nothing threatening about the dog.
That scumbag was flexing the only muscle he has . . .
"Rarely do we like to issue statements regarding a situation that's under investigation.
"But in an attempt to help clarify some of the information that has already been made public, I would like to share with the citizens of Cookeville what we currently know about the I-40 incident regarding the Smoak family as they traveled through here on Jan 1.
"The first thing I would like to address is the fact that the Cookeville Police Department was called in as back-up by the Tennessee Highway Patrol on this matter.
Based on the information we were provided, our role was secondary to what the THP termed as a 'felony' stop, a possible car-jacking. We provided this back-up, and were never in primary control of the scene.
"Unfortunately, during the THP's process of gaining control of the situation, a very rare thing occurred. The Smoaks had been traveling with family dogs, and one of them got loose. It appeared to be a pit bull, and as it exited the car, it clearly approached one of our officers in a threatening manner. Our officer first tried to call the dog down, but after it kept approaching aggressively and started to circle him, the officer took the only action he could to protect himself and gain control of the situation.
"I know the officer wishes that circumstances could have been different so he could have prevented shooting the dog. It is never gratifying to have to put an animal down, especially a family pet, and the officer assures me that he never displayed any satisfaction in doing so.
"Before the Smoak family left Cookeville, I, along with our Vice-Mayor, met with them personally to convey our deepest sympathies for their loss and for their experience. No one wants to experience this kind of thing, and it's very unfortunate that it occurred. If we had the benefit of hindsight, I'm sure some - if not all of this - could have been avoided. I believe the Tennessee Highway Patrol feels the same way.
"Our investigation is underway to determine what, if anything, could have been done differently. We will also continue to be in contact with this family. I know it's small consolation to the Smoaks, but we want to learn from this situation and try to make sure it never happens again."
I beg to differ. From my experience of several decades, large sized men who were repairmen, salesmen, etc have told me that they don't like small dogs. Also, I have read or whatever, on several occasions, security advise to have small dogs rather than larger dogs.
Small dogs are more vicious and can do more damage that larger dogs.
posted on January 11, 2003 09:03:36 PM new
Had to go to a meeting this evening, and on the way listened to a talk radio program discussing this. The host went on & on & on about how the cop in question--not one of the THP officers that had made the stop--was operating under the assumption that this was a felony stop, a car jacking or the like, and therefore his actions were justified. I wish I hadn't been on the freeway, otherwise I'd have phoned in. Let's get real: how many carjackings or robberies or whatever have you ever heard of in which the ENTIRE FAMILY, Mom, Dad, kids, and pets are involved?!?
And according to the news I've heard, the tape shows that the dog was shot 3 seconds after leaving the car so the officer didn't even take a second to assess the situation before shooting.
But I don't think that all the blame can be laid at this officer's feet. The entire situation was handled incorrectly from start to finish. This guy took his cue from the THP officers he was trying to back up--they are more responsible for this tragedy. Censorship, like charity, should begin at home; but unlike charity, it should end there --Clare Booth Luce
posted on January 11, 2003 10:02:45 PM new
I agree with binnucula,
Car jacking usually only involve one person. The carjacker wants it to be quick, with no resistance from that person. Sometimes in the news, you will here of a mother and her baby being carjacked. But, never a whole family.
posted on January 12, 2003 12:00:39 AM new
Just watched the video on abcnews.com. The dog is not an English bulldog, as has been reported. To big, long-legged and long-tailed. Perhaps a mix of some sort, or it could be a pit bull (tape is fuzzy). Regardless of the type of dog, the veidotape clearly shows that the dog was NOT attacking. An attacking dog goes straight for you. This dog galumphed out of the car and ran in a wide arc & showed no aggressive posturing whatsoever. Censorship, like charity, should begin at home; but unlike charity, it should end there --Clare Booth Luce
posted on January 12, 2003 05:59:58 AM new
While it is horrible there are also people who get treated pretty bad also-
This lady was just sitting in her van in a parking lot waiting for friends to join her to go to a meal and is yanked out by cops out of an unmarkied car and her finger sliced off.It is understood here you don't ever use unmarked cars for traffic stops. (may be parked it is not a stop?)
posted on January 12, 2003 12:24:45 PM new
Hi Clarksville -
I agree that small dogs can be persistent defenders, but i must say I have never heard of a police officer shooting a small dog, other than a pit bull, because he felt he was in danger. Unfortunately, it probably has happened before.
The family photo of the dog I saw on CNN when the family was first interviewed looked like a small terrier, nothing like the bulldog we're hearing about now. The video also appears to show a scampering terrier type.
The dog's 3 seconds of elapsed time from exiting the car to entering eternity is also troubling. This cop sure gets a lot done in a little time . . . and although I could hear the family cry out in sorrow when their pet was murdered before their eyes, I sure didn't hear the cop say anything to get the dog to back off. Did he use sign language?
posted on January 13, 2003 06:22:14 AM new
Isn't the new weapon of choice for drug dealers the pit bull?
I was reading that somewhere. No weapons charges and the pit bulls can tie up a police squad long enough for the dealer to get away, because the police have reservations about shooting a dog until it has latched on to one of them. Then the squad has to spend time unlatching the pit bull from the officer. Meanwhile, the dealer is long gone.....
Also, isn't the pit bull a type of terrier?
.................................................
We call them our heroes...but we pay them like chumps
posted on January 13, 2003 08:04:24 AM new
the dog wasn't running *at* the officers--it ran in a wide arc around them. No aggressive posture at all. One would hope that the police could tell the difference between an attacking dog & once that isn't. Censorship, like charity, should begin at home; but unlike charity, it should end there --Clare Booth Luce
