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Police Cooksville TN made big mistake

NighthawkNighthawk Member Posts: 12,022 ✭✭✭
edited February 2004 in General Discussion
Is anyone here familiar with the Two Officers who stopped the nice family traveling through on vacation,when their car fit the discription of a stolen car that had just robbed a store there.The Officers pulled the car over and ordored the occupants out of the car.The family had two Boxers with them,and the adult female tried to explain to the Officers who had guns drawn and were useing their cruisers as cover and did not listen to the women who wanted to shut her car door.And the dogs got out on a major highway as the Officers approached the family which the children I think were 12yrs and 7 yrs old and the dogs naturally trying to protect their owners came toward the Officers(some witness said the dogs were not acting aggresive?)but the Officers Dispatched both dogs in front of the whole family.It was shortly afterwords that the Officers were notified they had the wrong car.So here was this grieving family who's only crime was driveing the wrong color car loaded the body's of their long time pets and went to the Police station and filed grievance with the Police Chief of that town.Im sure they filed suit I was wondering what the out come of the trial was.This happened a little over a yr ago,is anyone here aware of the case?


Rugster


"Toujours Pret"

Comments

  • rldowns3rldowns3 Member Posts: 6,096
    edited November -1
    I am curious as to the outcome of this as well.

    aliens.jpg
  • allen griggsallen griggs Member Posts: 35,509 ✭✭✭✭
    edited November -1
    This happened to a family here from Asheville.
    Rugster you pretty much got it right.
    What happened was, the family pulled in for gas. Before they left the station, the father left his wallet on top of the car. As they drove off, the wallet fell off. A bystander saw money flying off the top of the car. This led her to believe that the car had been carjacked so she called 911.
    The connection between money flying off a car and carjacking is not clear to me.
    Anyway, on the basis of this call the cops pulled out all the stops, and made a "felony stop" with lots of cops, shotguns drawn etc. Here again, when you see a mommy and two kids, it might make you think that even if there was a crime, the kids were not involved. But, they made them get out one by one, hands on head, back up to the cops, lay on face, get cuffed, even the kids had to do this. Like Rugster said they were not allowed to shut the door and they warned the cops several times they didn't want their dog to get out and get run over. The cops ignored them.
    I saw the video of the dumb * cop blowing the dog's head off.
    Never heard of the outcome of this case.
  • NighthawkNighthawk Member Posts: 12,022 ✭✭✭
    edited November -1
    Thanks Allen,I will try to see what I can find out.This to me is got to be the worst case of stupidity Ive ever heard.I still feel for that poor family,those pets can never be replaced.Nor can the trauma of such an event ever be forgotten.

    Rugster


    "Toujours Pret"
  • rldowns3rldowns3 Member Posts: 6,096
    edited November -1
    I have a prediction though. My prediction is that if you do find anything out about what has happened to the case I'd predict that those officers still have a job and the family was told, "tough luck".

    aliens.jpg
  • NighthawkNighthawk Member Posts: 12,022 ✭✭✭
    edited November -1
    I dont know I hope your wrong?I cant see a jury not awarding big money to this poor family,and its just my opinion the Officers commited a few crimes one possibly a Felony.But I bet,this is just a guess but I would say the Officers were forced to resign(when they clearly should have been fired,so they never work in LE again)As of now their criminals and should face punishment.But I bet the City offered a large settlement to keep it out of Court and the case never happened,nor can be discussed.Now IMHO this is what should have been done:Criminal charges should have immediately been filed against the so called Officers involved by the family and the TN Highway Patrol should have enforced them through the DA,and led the investigation.Here in VA were inclined to take care of matters from Agency's when a wrong is done or even when a motor vehicle accident involveing another Agency occurs.Civil suit should have been filed against the so called Officers,the City and the PD.It should be easy to find out through the Clerk of Court,unless it was settled.But I cant see the TN Highway Patrol not takeing criminal action against these so called Officers?

    Rugster


    "Toujours Pret"
  • Contender ManContender Man Member Posts: 2,110 ✭✭✭✭✭
    edited November -1
    Last I had heard before this sank off of the public radar was that the family was not going to sue the department(s) involved, the police chief(s) had admitted the action was stupid, and that there were some officers out of work. And that the family was considering suit against the woman who stated the whole thing because of embellishment that she put into her 911 call that was recorded.

    Like so many things (remember the SWAT raid on the school, guns drawn, hut, hut, types shoving kids around, handcuffing them, etc. and there were no drugs or guns found anywhere in that school) an incident drops off of the "nightly news" and you never hear the end result.


    If you only have time to do two things so-so, or one thing well ... do the one thing!
  • gunpaqgunpaq Member Posts: 4,607 ✭✭
    edited November -1
    I often wonder what is the need for the big show of force and the massive quantity or firearms trained on one or two individuals (or family with children) for whom it has not been positively determibed to they had committed a crime. [?]

    Pack slow, fall stable, pull high, hit dead center.

    Don't fly the river!
  • FrOgFrOg Member Posts: 2,034 ✭✭✭✭✭
    edited November -1
    I remember that story. The driver left his wallet on top of the car after tanking and drove off. Money was flying out of it and someone called the authorities who later pulled them over. I don't know whether or not there was a real robbery or just the report of a car speeding off and money flying behind it.

    Frog

    divemed1sm.jpg

    GO NAVY, BEAT ARMY
  • crims40crims40 Member Posts: 1,107 ✭✭✭✭
    edited November -1
    Here's the story.....don't know what became of it.



    As family shrieks, police kill dog Wednesday, January 8, 2003 Posted: 10:26 PM EST (0326 GMT)

    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."

    Brandon told CNN Patton, was playful and gentle -- "like Scooby-Doo" -- and may have simply gone after the beam of the flashlight as he often did at home, when Brandon and the dog would play. The Tennessee Department of Safety, which oversees the Highway Patrol, has said an investigation is under way.

    Cookeville Police Chief Robert Terry released a statement on the department's Web site Wednesday night describing the department's regret over the incident.

    "I know the officer wishes that circumstances could have been different so he could have prevented shooting the dog," Terry wrote. "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." Terry said he and the vice-mayor of Cookeville met with the family before they left "to convey our deepest sympathies" for the loss of their dog.

    "No one wants to experience this kind of thing, and it's very unfortunate that it occurred," he wrote. "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."

    The department is conducting an investigation to determine what, if anything, could have been done differently, he said. Police also plan to be in contact with the Smoak family, Terry said. The Smoaks buried their pet at home. A white cross marks the grave.
  • allen griggsallen griggs Member Posts: 35,509 ✭✭✭✭
    edited November -1
    No crime was committed, at least not before the cops got there.
  • john wjohn w Member Posts: 4,104
    edited November -1
    If it was me and they shot my dog like that i would be long on remember of the cop who shot him and make sure the dues were paid. (Not boasting just fact!!!)

    It's All Crapola!!!
  • Contender ManContender Man Member Posts: 2,110 ✭✭✭✭✭
    edited November -1
    The story printed above is one of the first or early ones. After that the family was on (I believe) Good Morning America and maybe a couple of other talk shows.

    As I stated above, a few days after the incident, the last that I recall hearing, is that the idea of suing the departments was cooling off, but the idea of suing the person that made the 911 call was warming up. And that the principal officers involved were on leave with at least one termination pending.

    Now what was the end result, if there has been one, probalby only the people in and around Cooksville know.


    If you only have time to do two things so-so, or one thing well ... do the one thing!
  • trstonetrstone Member Posts: 833 ✭✭✭✭
    edited November -1
    Oh, I'm certain there will be some people on this forum who will eventually come forward to defend the cops' actions on this one, putting forth the usual tripe about "Well, the policeman was there and you weren't and he was properly neutralizing a percieved threat as he was trained to do and blah-blah-blah-blah". I'm just waiting for them to do so, in fact, because I can hardly wait to see what sort of feeble, rock-headed justifications they'll come up with. To me, this is typical, inexcusable over-the-top police behavior which illustrates what happens when you give some people a badge, a gun, and Authoritah. It just seems like, once the gun gets strapped on, once the badge gets pinned on the uniform, it's "open season on anything I wanna shoot" with some of these people, and common sense gets pitched out the window in favor of Rambo-like reactionism. Don't bother to assess the situation, officer; pull your piece, and in your best Uncle Jimbo voice, be sure to scream "THEY'RE COMIN' RIGHT FOR US" as you blow that tail-wagging dog away. After all, he was...ummm...comin' right for ya. And as everybody knows, dogs wag their tails before they attack to gain extra stability just before they launch themselves into the air to tear your throat out. Good call, officer. We applaud your cool deliberation and pinpoint accuracy in neutralizing the threat...

    Imbecile.

    I'd go after the idiot cop with a civil suit if it were feasible, myself. Hope it is, and I hope they do.
  • daddodaddo Member Posts: 3,408
    edited November -1
    So if I shoot a dog that is walking toward me wagging his tail,I can use that as a defense as they did?
    They say they wished it could have been done differently? It "could have been done differently!
    They get a phone call on a suspect, stop the car, treat kids as a possible threat to life? With so many officers, did the officers feel their lifes in danger? They have some real paranoid officers that need a bit more training or find another proffession!! Common sense would be a good start. I'm sure the officer doesn't want to get killed, but nor do the suspects and members of the family.
    Is this signs of a "police state" senerio? Who the he$$ is hiring and training these guys!
  • BoomerangBoomerang Member Posts: 4,513
    edited November -1
    quote:but the idea of suing the person that made the 911 call was warming up And just what would they be sued for, being a concerned citizen? I think the good Samaritan law will nip that in the bud. But you know lawyers, sue everybody and let the judge sort it out.

    Boomer

    "Success is to be measured not so much by the position that one has reached in life as it is by the obstacles which one has overcome while trying to succeed"

    NRA Life Member
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