-Caveat Lector- washingtonpost.com http://www.washingtonpost.com/wp-dyn/articles/A37943-2003Jan10.html
Man Wants Punishment for Dog Shooting > The Tennessee Highway Patrol also concluded its troopers had probable > cause to conduct the stop, though officials were still trying to > determine how the Smoaks were suspected in a robbery that never > happened. By John Gerome Associated Press Writer Friday, January 10, 2003; 11:22 AM NASHVILLE, Tenn. �� A traffic stop following erroneous reports of a robbery ended in heartbreak when the family dog bounded out of the car, his tail wagging, and was shot to death by police. Now, the dog's owner wants the police officers punished, and the officer who pulled the trigger says he's been getting death threats. "I don't ever want to see this happen to anybody else. That's why we can't let this go away," said James Smoak, who owned the 1�-year-old pit bull-boxer mix named Patton. Cookeville Police Officer Eric Hall, who shot the dog, said Thursday that people are misjudging him. "It's been very difficult, but a lot of people who've made comments don't know me," Hall said on WTVF-TV in Nashville. "It's kind of taken a life of its own where people are judging without knowing all the facts." Smoak, a seafood salesman from Saluda, N.C., said he has contacted attorneys about the New Year's Day shooting and plans legal action. He describes the family's ordeal as "a nightmare we can't wake up from," and says he will never forget having to load the dead dog into the car for the ride home. The incident began when Tennessee state troopers and Cookeville police stopped the Smoaks' green station wagon as they were returning from a vacation in Nashville. Another motorist had reported seeing money flying from the vehicle as it sped down Interstate 40, and authorities feared there had been a robbery. They later discovered that the money � about $445 � was fluttering from Smoak's wallet, which he had mistakenly left on the car roof after pumping gas. The patrol car videotape of the stop, released Wednesday by the Tennessee Highway Patrol, shows troopers ordering James and Pamela Smoak and their teenage son, Brandon, out of the car, and the three emerging with their hands up, getting on their knees and being handcuffed. Then Patton bounds out, his tail wagging, and races toward Hall. The video shows Hall stepping back, then firing his shotgun. Hall said he thought the dog was a pit bull and that he was about to attack him. "I noticed that it trained in right on me; the dog's coming right at me," he said. "I yelled at the dog as I was backing up. I screamed at it; it kept advancing and barking in an aggressive manner. It's unfortunate what happened after that." Hall, who said he has received death threats, was assigned to administrative duties pending an independent review. An internal police investigation found he didn't use excessive force. The Tennessee Highway Patrol also concluded its troopers had probable cause to conduct the stop, though officials were still trying to determine how the Smoaks were suspected in a robbery that never happened. Officers recovered most of the lost money, Smoak said, and officials later apologized, but he said the apologies rang hollow. "At the scene they told us they made a mistake and that we were free to go," Smoak said. "No one was moved to say they were sorry." "The dog was wagging his tail," he said. "It was completely trained." Hall said he felt terrible when he learned that the Smoaks were innocent but maintains he reacted appropriately. "With the knowledge I had at that time, I was so limited that I felt I did what I had to do," Hall said. "If you could have felt what I felt after the whole incident was over," he said, "I thought, 'Oh, my goodness, how unfortunate for that family.'" � 2003 The Associated Press A<:>E<:>R ~~~~~~~~~~~~~~~~~~~~ Forwarded for your information. 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