March 19, 2008

NASHVILLE – It was the judgment the Smoak family was hoping for, but not the kind they ever wanted to hear.

A federal jury awarded James Smoak $9,100 and found Sgt. David Bush guilty of using excessive force against Smoak.

The case stemmed from a traffic stop on New Year’s day in 2003, when the Tennessee Highway Patrol stopped the family on Interstate 40.

Mistaken as robbery suspects the Smoaks were forced out of their vehicle as a patrol car video captured the disturbing events that transpired.

The video shows the family’s pleas of protest that they were just vacationing and passing through on their return trip home to North Carolina.

The Smoaks then plead with the officers to close their car door. Their 55-pound mix breed bulldog, General Patton, was still inside.

“I got a dog in the car and I don’t want him to come out,” James Smoak’s voice is heard on the video.

But in the process, Patton escapes the car and can be seen on the side of the road wagging his tail. In a matter of seconds, a Cookville police officer shot the pet with a shot gun at close range.

Smoak tried to help his dog but he’s forced to the ground and injured by highway patrol Sgt. Bush. General Patton died on the spot and Smoak was lead to a waiting patrol car, crying “you shot my dog, you shot my dog! Oh, my God!”

The federal jury’s verdict settles the issue of excessive force used by Bush of the Tennessee Highway Patrol.

The city of Cookeville compensated the family more than $77,000 for their officer’s actions in a separate lawsuit.

Jerry Andrews, a lieutenant at the time of the incident, was also named in the case, but found not responsible, while Bush was the trooper responsible for handcuffing Smoak.

Tell us what you think about “Family Wins $9K for Dog Shot by Police” under this story. Share your favorite videos by clicking on the ZootooTV tab. Send us your story ideas by e-mailing us at news@zootoo.com or by calling us at 877-777-4204.

Special contribution made to this report by The Asheville Citizen-Times and The Tennessean.

Comments

1319 comments found.

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zephyr47
4 months ago

Flag this | Good Point | 0 users voted.

Good God-what a major snafu. No wonder they were awarded something!

Dan4cats
4 months ago

yeah

Susan R. (Welela)
4 months ago

This is such a horrible story. I bet for the moment it made that cop feel like a real man to do that because in reality he is a poor excuse for one.

Geoff L. (glcats)
5 months ago

What a senseless act of stupidity!

VKiggins
5 months ago

There is not enough money in the world to compensate for this tragedy

L.H.S. (libertyshelter)
5 months ago

You sure this cop wasn't born and raised in Texas? If not, perhaps he should seek a job there where they have made it legal to shoot a dog. What an idiot and on a power trip high! Liked to know if he got kicked off the force too because he will eventually end up shooting a person on such a power high!

Jene B. (horsemom2)
6 months ago

Another gungho cop on an adrenalin rush. He got a kick out of shooting their dog, he was on a power trip. There is no amount of money that can replace that dog or the memory of what happened. How horrible.

Elizabeth M. (Maddiemoney)
7 months ago

I imagine that is one family that won't want to go to Tennessee anytime soon. I feel really bad for them and can't imagine that any amount of money would dull the pain of losing my pet and being terrorized in the process. Police officers are too often too quick to react with brutal force. education is needed and I'm glad that the police department was penalized substantially.

kohleral
8 months ago

Well I think that the 9,100 was a start its not enough. From what it sounds like that officer should be fired. He killed an innocent dog for looking at him and wagging his tail. That family suffered with what they went through then they suffered again when their dog was shot and they weren't allowed to comfort him as he lay there dying.

the family also received another $77,000 in a separate lawsuit. Still...it's nothing compared to the torment the family underwent.

Allison M. (meyera26)
8 months ago

$9,000??? The only victory was that the court said it was wrong. Beyond that, I am sure the department, not the officer, paid that without even batting an eyelash.

Vicki T. (LuvYourPets)
10 months ago

I absolutely loathe people who abuse power. This Sgt. should have been fired for being an idiot and playing macho man. I have nothing against the police as a whole, but when you get a "bad apple" like this Sgt. Bush, he should be thrown off the force. That poor family. I realize that money compensation is not the answer, but I'm glad the city of Cooksville and the highway patrol felt the "pinch" in their wallets. Stories like this just infuriate me to no end. Mean people have no business being police officers or state troopers.

ChicoanVolunteer
1 year ago

Oh my god. I'd have that officer taken off the force for what he did!

Shannon (apegirl)
1 year ago

I am glad the department had to pay. The individual officer should pay with his job. It was an inexcusable action! I can't imagine what the people went through watching their dog get shot. Absolutely horrible.

Silver Dragon Pets N. (SilverDragonRescue)
1 year ago

I'd have requested this officer to be removed from duty. It's a known fact that cruelty to animals has a direct link to cruelty to humans!

Marie C. (mariepak32)
1 year ago

this cop ist the first. i hope this shows other police officers to actually listen when someone says i have a dog in the car. the dog didnt show agression. there was no excuse for this cops actions.

Anonymous
1 year ago

<span>this comment has been removed from the system</span>

Roxanne B. (Rrrcbrwn)
1 year ago

Flag this | Good Point | 1 user liked it.

Ok, this one disgusted me. It doesn't say anything about this officer holding his position in the pd, unless I missed it. One could say an officers senses should be extremely keen, should recognize a good ol' dog. I feel very sorry for the entire family, ya know those kids saw that, and Oneida's right, no amount of money could buy you as much love that pup probably gave to that family. For shame!

Zorra7
1 year ago

Articles like this are very difficult just to read, I can't imagine what this family is going through. No ammount of money can undo what Bush has done, murdered thier dog and probably forever skewed thier view on law inforcement. Bush shouldn't be allowed to own a gun or hold a job that gives him any authority. I agree with another comment, he's sick and needs help.

Pat H. (LuvsDals)
1 year ago

It wasn't enough, though nothing will ever compensate Patton's "murder".

Martha P. (damarpi)
1 year ago

The way it's described, it sounds like shooting the dog was a gratuitous piece of malice on the part of the officer. He should certainly be kicked off the force and not permitted any job that lets him use a gun in the future. I would recommend mandatory psychiatric counseling, too -- the man's sick.

Peggy F. (PeggyFox)
1 year ago

I am glad this family received this settlement, but I'm sure its not the money they
were really after, but an awareness by the police departments across our nation not
to let this happen again to any family. I sincerely hope this officer was let go by the
department. He doesn't deserve to be in law enforcement .

Shanna T. (diablo72187)
1 year ago

Get this guy out of uniform and ban him from holding a gun ever again.

Shooting a dog?
WITH A SHOTGUN?!

Did it attack him with his wagging tail?
Did it threaten him with that doggy smile?
Or was it just because he accidentally got some fur on the jerk's uniform?

This guy deserves to burn in hell.

christy r. (shpr)
1 year ago

i am so sad for this family and gen. patton

Megan F. (Goldfishie85)
1 year ago

Just shows how ignorance leaks into our law enforcement system- get r done! God.. I hate people who treat pitties like this! I can't even write this story has made me so mad!

This makes me sick. I would have a hard time not shooting the cop after he shot my baby for no reason!!!!!!!!!!!!!!!!!!!!!! What is wrong with people?????????????

Amanda R. (arhoads)
1 year ago

well, at least the wrong doing was acknowledged

michele t. (pemtrek2)
1 year ago

i swear sometimes police think they are g-d. i'm glad the family won its case although money won't replace their beloved family pet. Ther bigger issue is that the police didnt listen to the family at all.

Karen A. (kehala)
1 year ago

Good thing the police car had the recorders going. This officer has a problem with animals if he shot the dog as it stood there wagging his tail. Excessive and unneeded. The family should be awarded for their los, however money will never replace the pet, and the actions will always have a memory in the family members mind. Retraining is needed for the officer - perhaps a desk job without a gun.

Teresa C. (tzcasey)
1 year ago

I am glad that the city is having to take some responsibility for this but no amount of money can make up for what this family went through. There should be some kind of charges brought against that officer as well and I certainly hope he was stripped of his badge.

Amy R. (herplace)
1 year ago

i hope that there are guideline set so this never happens to some one else. What a horrible event to be witness to. Coming home from vacation and this...

gail (adolphe)
1 year ago

This family went through a very tragic event. I can't imagine seeing your dog shot for no reason.

Carly T. (Carly67)
1 year ago

No amount of money can help this family get over this tragic loss. I think this guy should get jail time for killing the dog and for injuring the owner. I hope this money helps out this family a little and knowing that their was some justice for his murder.

David T. (cruiser21)
1 year ago

Flag this | Good Point | 2 users liked it.

I'm happy that the family was compensated for their loss, however nothing can ever truly make up for what another trigger happy law enforcement officer did to them. The man tells the trooper that his dog is in the car and doesn't want him getting out, does the cop listen...of course not why would he, so the dog gets loose and the officer takes it upon himself to make the decision this dog needs to be killed even though it is sitting by theroadside wagging his tail, what...did the cop feel threatend by a tail wagging bulldog, give me a break, this is another case of the uniform going to the guys head. To take a SHOTGUN and at virtually point blank range shoot and kill the dog for no real apparent reason, that is not only reprhensible it is downright unforgivable. The trooper needs to take some sensitivty courses and learn how to deal with his fear of tail wagging dogs. Maybe nexttime he will actually take the time to listen.
My heartfelt sympathies go out to the family for their tragic but unecesarry loss.
Had this been a human being the cop would have been suspended(probably w/pay)but because it was just a "dumb"animal it makes no difference, what's one more dead dog?!

thebillpayer
1 year ago

I am glad they got more money from the city. Does anyone know if the officer lost his job? I wouldn't trade that terrible experience more all the money they received.....horrible.

Stacie K. (mizzvixen)
1 year ago

How sad - I would have went crazy if someone would have killed one of my dogs. Sounds like this cop needs to get canned.

LD (ldscott)
1 year ago

That is the most ridiculous thing I have ever heard.
He just shot that dog for no reason?
He should definately lose his job for that. There is no excuse for that type of action.

LadyNoah (LadyNoah)
1 year ago

The officer should lose his job! Not enough money could ever replace the innocent life that was taken that day.

Stephanie G. (StevieinBacliff)
1 year ago

OMG, I hope that Officer was FIRED!!! But no amount of money can ever replace their beloved Pet and the horror of seeing him shot!! What a sad story!!

kim m. (kmallia)
1 year ago

I think it's great that people are being held responsible for thier actions! But no amount of money will ever replace their animal's love!

Sue G. (wingett)
1 year ago

Glad the police have to pay, what was the cop afaird of dogs or something, the owners asked to shut the door, if the police wanted to search the vehicle they should of let the owners get the dog out of the car so they could have done so. This was so uneccesary.

Ashley W. (awhite1020)
1 year ago

I can't believe this story. Why did the cop need to shoot the dog? It's disgusting.

judy b. (jbonz)
1 year ago

Good for the Smoak family - they deserve it. This story just seems so unreal. It's a good thing this was all on tape or it may have been the police officer's story against theirs

KayLB8790
1 year ago

Cops are way to gun happy when it comes to animals. They think that just because it's not human they can just pull the trigger without first assessing the situation. And come on robbery suspects with a kid in the car. This happens way to much with cops shooting animals, their needs to be some kind of procedure set up for dealing with animals instead of just point and shoot.

5ineveryroom
1 year ago

wow, how terrible for the couple.

Karoline (Karoline75)
1 year ago

I'm so glad to see that restitution was made to the family. I saw the video of the incident and the dog was CLEARLY not a threat to anyone. He could be seen wwagging his tail and frolicking in the grass on the side of the highway. The gentleman in the suspects vehicle could clearly be heard saying that the dog was going to get out and that he wasn't mean and wouldn't bite but that he was worried that his dog would get run into the highway and get hit by passers by.

After the officer cruelly shot their dog the famiy could be heard crying and asking why their dog was shot. Disgusting behavior and I would hope that the power hungry officer lost his job over it.

Animal g. (Illinifan)
1 year ago

How could the police officer do anything without any evidence,He does not deserve his job.

Tracee G. (tracee)
1 year ago

wow

cookieman789
1 year ago

Dear god.

Karen B. (1350)
1 year ago

This is horrible and hard to believe.

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