Highway Patrol chief weighs steps merited by dog shooting
Procedural changes, discipline considered
By J.J. STAMBAUGH,
[email protected]
January 11, 2003
Tennessee Highway Patrol Col. Mark Fagan will decide what punishments, if any, will be meted out in connection with the Jan. 1 shooting of a dog on Interstate 40.
Fagan will also determine whether any policy changes are needed.
"The colonel's office is now looking at what, if any, policies or procedures may have been violated and what, if any, disciplinary action is appropriate," said Beth Womack, Tennessee Department of Safety spokeswoman.
Although investigators have pored over all the audio- and videotaped information recorded during the traffic stop and shooting, Womack indicated that at least some conversations were not recorded.
"It was found that some of the communication between dispatchers was made on a Nextel-type two-way instead of a recorded telephone or radio line, therefore cannot be absolutely confirmed," Womack said.
In a written incident report filed after the shooting, Cookeville officer Eric Hall said he asked a dispatcher "what felony had been committed" as he drove to assist troopers but didn't find that out before arriving.
Hall said it appeared the dog "single me out from the other officers and charged toward me, grouling (sic) in an aggressive manner. I yelled at the dog to "Get Back" but it attempted to circle me to attack, so I felt I had no other option but to protect myself. I fired once at the dog instantly putting it down."
"When asked during our investigation why the passenger door was not closed, Lieutenant (Jerry) Andrews indicated that if he or another officer had moved to that side of the car, he would have been in the line of any potential crossfire," Womack said in a press release. "Remember - at this time, the troopers on the scene were still under the impression that a felony may have been committed, and were acting accordingly."
After the shooting, James Smoak tried to stand up but was wrestled _down by troopers. After he was put in a patrol car, he repeatedly asked the officers to get a veterinarian but his requests were ignored. "You all have gone crazy," he said.
Later, after the officers determined the family had committed no crime, they gave Smoak a plastic bag to collect the dog's carcass after he told them to leave his former pet alone. "You've done enough," he said.
After the officers removed the handcuffs from Pamela Smoak, she sank to the ground and cried. "I'm never stepping foot in this state again," she said.
Womack said the state had not offered to compensate the family for the loss of their pet.
In a written complaint against the officers, Pamela Smoak lashed out at the handling of the initial phone call.
"No one ever called in a robbery or any felony!" Smoak wrote. "A felony stop should not have been made. A murder has been committed by the Tennessee Highway Patrol. There was a very bad error on someone's part and we paid for it."
J.J. Stambaugh may be reached at 865-342-6307