James Smoak, shown here near the grave of his dog Patton, was stopped on I-40
almost two years ago because of a communications mix-up, and a Cookeville police
officer killed Patton. One of the ensuing lawsuits has been settled.
Almost two years after a North Carolina family's dog was shot during an infamous
Interstate 40 traffic stop, the pet's owners will be paid $77,500 to settle a lawsuit
against the city of Cookeville and the police officer who leveled his shotgun at the
canine.
The settlement in the U.S. District Court case filed by James and Pamela Smoak of
Saluda, N.C., was accepted several weeks ago and became public Thursday when
documents were filed in court.
''That amount includes their attorney's fees, that's everything,'' City Manager Jim
Shipley said.
''It was just right up against the trial date. They were still in some depositions, but it
was not far from trial. Just all of a sudden the offers started kind of going back and
forth and we settled,'' Shipley said.
The city manager said the settlement was not an admission of guilt on the city's part.
''We felt like we had a good case and we did nothing wrong. We admitted no liability in
the settlement. In my opinion, it was a good economic decision,'' Shipley said.
The incident occurred on the night of Jan. 1, 2003. The Smoaks, along with their
17-year-old son, Brandon, and two dogs, a terrier-bulldog mix named Patton and a
puppy named Cassie, were re-turning to North Carolina after spending a few days in
Nashville. Their car was pulled over by the Tennessee Highway Patrol on I-40 near
Cookeville's exit 287.
Based on what the highway patrolmen had been told by THP dispatchers, the Smoaks
were wanted for questioning about a possible crime in Nashville.
The Smoaks were victims of a communications mix-up. A motorist on I-40 reported that
a green station wagon had passed her at a high speed and that money had been
thrown from the window. The THP dispatcher later told his superiors that the motorist
indicated the occupants of the car ''had been up to something.''
What really happened, as official inquiries disclosed, was that Smoak left his wallet on
top of his car after gassing up. Near Mt. Juliet, the wallet fell onto the roadway and $440
in cash swirled in the air.
Based on the report from the Nashville dispatcher, a BOLO (be on the lookout) notice
was issued by a Cookeville dispatcher to troopers in the area.
At 5:07 p.m. on New Year's Day, a state highway patrolman pulled them over. Two
Cookeville police officers assisted.
The Smoaks and their son were ordered out at gunpoint and were handcuffed. The
action was captured by a dashboard video camera in the trooper's cruiser.
Although the Smoaks could be heard pleading with officers to shut the car doors so
the family pets could not get out, the doors remained opened. Three minutes and
seven seconds after the stop was initiated, Patton bounded out.
In his incident report on the shooting, Cookeville Officer Eric Hall alleged that the dog
''charged toward me growling and in an aggressive manner.''
The Smoaks said the dog was wagging its tail when the shot was fired. James Smoak
described the pet as ''harmless as Scooby-Doo.''
Whether the dog was attacking or just playful remains a matter of contention, even
though videotape of the incident created a maelstrom of negative publicity as it aired
on local and national television.
The THP and the Cookeville Police Department determined that their officers had
followed proper procedures.
The Smoaks responded by suing Cookeville and Hall in one case and the Tennessee
Highway Patrol in a second.
The Highway Patrol case may also be headed for a settlement, said Mary Parker,
attorney for the Smoaks.
''The dispatchers and the state officers are still in the case. We're going to mediate
those in the next month or two,'' Parker said. ''If we don't settle, we have a trial date set
for April 19.''
Parker said her clients were happy to have one case resolved but that reliving the
emotion of the incident had been difficult.
''That's the nature of litigation, you start to deal with things and then everything
resurfaces. It's painful,'' the attorney said.
In addition to the suit against the THP, another lawsuit related to the dog shooting
remains unresolved.
Officer Hall, still a Cookeville policeman, sued his department in August 2003, alleging
that personal information from his personnel record, including his Social Security
number, had been released to the media. That suit is pending.
Leon Alligood can be reached at 259-8279 or at lalligood@tennessean.com .
almost two years ago because of a communications mix-up, and a Cookeville police
officer killed Patton. One of the ensuing lawsuits has been settled.
Almost two years after a North Carolina family's dog was shot during an infamous
Interstate 40 traffic stop, the pet's owners will be paid $77,500 to settle a lawsuit
against the city of Cookeville and the police officer who leveled his shotgun at the
canine.
The settlement in the U.S. District Court case filed by James and Pamela Smoak of
Saluda, N.C., was accepted several weeks ago and became public Thursday when
documents were filed in court.
''That amount includes their attorney's fees, that's everything,'' City Manager Jim
Shipley said.
''It was just right up against the trial date. They were still in some depositions, but it
was not far from trial. Just all of a sudden the offers started kind of going back and
forth and we settled,'' Shipley said.
The city manager said the settlement was not an admission of guilt on the city's part.
''We felt like we had a good case and we did nothing wrong. We admitted no liability in
the settlement. In my opinion, it was a good economic decision,'' Shipley said.
The incident occurred on the night of Jan. 1, 2003. The Smoaks, along with their
17-year-old son, Brandon, and two dogs, a terrier-bulldog mix named Patton and a
puppy named Cassie, were re-turning to North Carolina after spending a few days in
Nashville. Their car was pulled over by the Tennessee Highway Patrol on I-40 near
Cookeville's exit 287.
Based on what the highway patrolmen had been told by THP dispatchers, the Smoaks
were wanted for questioning about a possible crime in Nashville.
The Smoaks were victims of a communications mix-up. A motorist on I-40 reported that
a green station wagon had passed her at a high speed and that money had been
thrown from the window. The THP dispatcher later told his superiors that the motorist
indicated the occupants of the car ''had been up to something.''
What really happened, as official inquiries disclosed, was that Smoak left his wallet on
top of his car after gassing up. Near Mt. Juliet, the wallet fell onto the roadway and $440
in cash swirled in the air.
Based on the report from the Nashville dispatcher, a BOLO (be on the lookout) notice
was issued by a Cookeville dispatcher to troopers in the area.
At 5:07 p.m. on New Year's Day, a state highway patrolman pulled them over. Two
Cookeville police officers assisted.
The Smoaks and their son were ordered out at gunpoint and were handcuffed. The
action was captured by a dashboard video camera in the trooper's cruiser.
Although the Smoaks could be heard pleading with officers to shut the car doors so
the family pets could not get out, the doors remained opened. Three minutes and
seven seconds after the stop was initiated, Patton bounded out.
In his incident report on the shooting, Cookeville Officer Eric Hall alleged that the dog
''charged toward me growling and in an aggressive manner.''
The Smoaks said the dog was wagging its tail when the shot was fired. James Smoak
described the pet as ''harmless as Scooby-Doo.''
Whether the dog was attacking or just playful remains a matter of contention, even
though videotape of the incident created a maelstrom of negative publicity as it aired
on local and national television.
The THP and the Cookeville Police Department determined that their officers had
followed proper procedures.
The Smoaks responded by suing Cookeville and Hall in one case and the Tennessee
Highway Patrol in a second.
The Highway Patrol case may also be headed for a settlement, said Mary Parker,
attorney for the Smoaks.
''The dispatchers and the state officers are still in the case. We're going to mediate
those in the next month or two,'' Parker said. ''If we don't settle, we have a trial date set
for April 19.''
Parker said her clients were happy to have one case resolved but that reliving the
emotion of the incident had been difficult.
''That's the nature of litigation, you start to deal with things and then everything
resurfaces. It's painful,'' the attorney said.
In addition to the suit against the THP, another lawsuit related to the dog shooting
remains unresolved.
Officer Hall, still a Cookeville policeman, sued his department in August 2003, alleging
that personal information from his personnel record, including his Social Security
number, had been released to the media. That suit is pending.
Leon Alligood can be reached at 259-8279 or at lalligood@tennessean.com .
| Family, Cookeville settle suit over dog killed by officer $77,500 to be paid in ill-fated I-40 stop By LEON ALLIGOOD Staff Writer Source: Nashville Tennessean http://www.tennessean.com |
| The Rhea County Newspaper |
| "Rhea County's REAL Information Source" |
