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Familys Wins $9K for Dog Shot by Police

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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.



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1319 comments found.
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chili1zz
chili1zz
1 year ago
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i feel for the famliy that was just wrong i hope they can find a pet like the one they had
 
cat100
cat100
1 year ago
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So little for so much pain
 
Anonymous
Anonymous
1 year ago
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Anonymous
Anonymous
1 year ago
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Getta S.
Getta S. (gettadog)
1 year ago
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Can we say trigger happy ! What was the reason for the officer to shoot the dog ?
 
kittypassion
kittypassion
1 year ago
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I remember this situation and was so mad. Lt. Andrews was there, but wasn't held responsible? Why not? Was it Sgt. Bush that shot the dog? How can $9K compensate you for losing your family member? There are bad eggs in all groups, and I know these officers were few and hopefully far between. They need jail time.
 
Lynn C.
Lynn C. (Lynn1)
1 year ago
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I hope the police officers are "taken off the street" ~ they are obviously bullies, who shouldn't have guns.
 
Anonymous
Anonymous
1 year ago
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dillon r.
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Wow that is sad but it also is alot of money for a dog but i am sooooo sorry to here about the dog
 
AnimalLawAttorney
AnimalLawAttorney
1 year ago
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You are right that money will not bring back the beloved dog. However, most monetary judgments paid are decided by juries of our peers and the jury found that the family suffered emotional distress and excessive force was used against the dog. If it were your child (and I am not comparing the two whatsoever) thelaw entitles you to tremendous compensation from juries. We know animals are family members, and the verdict is quite reasonable. Animal Law Attorneys, LLC
 
2koolkittys
2koolkittys
1 year ago
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Horrible tragedy. I hope this story will do good by getting law enforcement to think before they act. I feel so sorry for this family. Money is never going to bring their beloved dog back but I am glad that they have been compensated as it proves that they were mistreated.
 
Nick V.
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im proud that our policemen actualy care
 
ModelATruck
ModelATruck
1 year ago
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Its good to see Justice still exists
 
Brenda
Brenda (BrendaM)
1 year ago
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That is unbelievable - and even more horrible now. No one looking like them robbed a bank. You have go to be kiddding me. That is even sadder. What a total waste of a great little dogs life. rest in peace.
 
George P.
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It is horrible and now to blame the person who was not even on the scene. All need to be held accountable for their actions including the lady who phoned in the "robbery.'
 
Kindra H.
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I agree. I hope the officers involved lost their jobs. Horrible story that is heartbreaking to read. I hope this tragic incident will educate other law enforcement on excessive force issues, especially towards innocent people and their pets. What a tremendously horrendous thing for this family to go through.
 
George P.
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It would be nice to know what happened to the officers. Did they get a slap on the wrist and desk duty for a week or what.

This is horrible.
 
Dottie H.
Dottie H. (djhopp)
1 year ago
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I would still like to know what happened to the officers at the scene of this horrible tragic thing that happened to this family. I think he should be fired along with a personal suit against the officer that shot the little dog, he was just wagging his tail.

What a horrible horrible mistake. There were other ways to find out who these people were if they thought they were suspects, like checking the license plates along with registration and drivers license. That would have done it. This was totally cruel, unprofessional for an officer of the law and he should not be an officer. He is a dirt bag.
 
Ken C.
Ken C. (KenCochran)
1 year ago
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Money won't get their dog back but maybe this Police Officer will think twice before he shots someone elses pet. I hope he lost his job.
 
AnimalLawAttorney
AnimalLawAttorney
1 year ago
Flag this | Good Point | 0 users voted.
Reply
You are right that money will not bring back the beloved dog. However, most monetary judgments paid are decided by juries of our peers and the jury found that the family suffered emotional distress and excessive force was used against the dog. If it were your child (and I am not comparing the two whatsoever) thelaw entitles you to tremendous compensation from juries. We know animals are family members, and the verdict is quite reasonable. Animal Law Attorneys, LLC
 
Esther S.
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I remember when this happened. I'm glad that the judgment went against the police officer in this case. Usually I'm pretty much on the side of law and order, but this officer completely overstepped the bounds. There was just no reason for any of this to happen. I'm so sorry for the family.
 
kristie n.
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sad
 
msuzoogrl
msuzoogrl
1 year ago
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I am so sorry to read about this dog being shot. I am glad that someone is making sure that responsibility is being taken. It saddens me to hear how unfeeling and cruel some people can be.
 
Debra D.
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Talk about being a cop going to your head. I understand fear and trying to protect yourself, but common sense has to come into play somewhere. Usually I'm with the cops but definitely not this time. BTW, the money can never bring back someone's loved on, pet or human.
 
Bob C.
Bob C. (rjcronk)
1 year ago
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I do not think that the policeman should continue in this line of work. He is either a killer in a police uniform, or to nervous to do a good job.
 
AnimalLawAttorney
AnimalLawAttorney
1 year ago
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You are right that money will not bring back the beloved dog. However, most monetary judgments paid are decided by juries of our peers and the jury found that the family suffered emotional distress and excessive force was used against the dog. If it were your child (and I am not comparing the two whatsoever) thelaw entitles you to tremendous compensation from juries. We know animals are family members, and the verdict is quite reasonable. Animal Law Attorneys, LLC
 
Julie C.
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I feel so bad for the family. It's great that the court ruled in favor of them, but all the money in the world can't bring back their dog. I saw the video on tv when it first aired. The dog posed no threat to the officer. He was clearly wagging his tail and looked happy. It reminds me of another case where police had a warrant and entered a home. The family dog heard the noise and ran to the front dog. A police officer shot the dog saying it looked like it was going to attack them. Turns out they had the wrong house and the dog belonged to a deaf man.
 
ethel  B.
ethel B. (Freeport)
1 year ago
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This is the worse thing i could ever imagine would happen
 
ducktight
ducktight
1 year ago
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Police brutality.
 
catsruledogsdrool
catsruledogsdrool
1 year ago
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This is an awful story that I hope will teach all law enforcement a lesson. I can not imagine the pain of seeing your pet shot at close range right in front of you! I am glad that they received compensation (which will never replace their dog) because it sends the message that this is a serious infraction that will not be tolerated!
 
Cindy
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What a tragic story, one that I hope never repeats. Officer education regarding dogs and threat levels would be a good plan. To shot a dog who is standing and wagging his tail does appear to be over the top. Had it been my dog, I would be devastated.
 
tanyam
tanyam
1 year ago
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good for them but it still wont bring their dog back
 
Billie R.
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I saw this on the news. Lots of cops shot dogs when they pose no threat. Someone should teach officers how to deal with dogs, or they should carry tranquilizer guns and not shoot with murderous bullets, that might save human lives too.
 
Wyoming County S.
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this is all over the place. they have nothing to do but stop innocent people while the bad ones are doing their thing. that poor dog.
 
Jamie
Jamie (jamiebunny)
1 year ago
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What a sick man.
 
Dawn  B.
Dawn B. (aurora369)
1 year ago
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How very sad for the family. That simply isn't enough compensation for what they lost. This officer was so musguided the entire family could have been killed.
 
Rob K.
Rob K. (Rhino)
1 year ago
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The law isn't where it should be, but it's a step in the right direction. Years ago, the law probably wouldn't have awarded any more than the dog's replacement value.
 
AnimalLawAttorney
AnimalLawAttorney
1 year ago
Flag this | Good Point | 0 users voted.
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It is a step in the right direction for our pets. You are right that money will not bring back the beloved dog. However, most monetary judgments paid are decided by juries of our peers and the jury found that the family suffered emotional distress and excessive force was used against the dog. If it were your child (and I am not comparing the two whatsoever) thelaw entitles you to tremendous compensation from juries. We know animals are family members, and the verdict is quite reasonable. Animal Law Attorneys, LLC
 
Anonymous
Anonymous
1 year ago
This comment has been removed.
 
ruthie
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Nothing, I mean Nothing can replace this pet or change what happened to this family its awful
 
Patrice M.
Patrice M. (patmaz)
1 year ago
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i think this story is really very heartbreaking. i think that before people could become police officers, they should take courses in people and their dogs. they just can't indiscriminately start shooting a harmless dog and traumatize a whole family.
 
Kathy
Kathy (kspressley)
1 year ago
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I think the officer should also be fired ! That is excessive force. The dog was wagging its tail right before it was shot !?!!??! He sounds like a real threat -- NOT ! This looks like yet another instance of a gun-toting power hungry idiot with a badge that proves he can do whatever he wants, justified or not. Guys like this give all the police a bad name !
 
hillbill
hillbill
1 year ago
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i feel sory for that dog.
 
buzymom
buzymom
1 year ago
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I think both officers should be fired, the one officer was trigger happy. It seems neither bothered to check on the robbery suspect details before harassing the family. No amount of money can right a wrong.
 
ComicKitty
ComicKitty
1 year ago
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I hope those officers are punished
 
alexis93
alexis93
1 year ago
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I hope the officers got fired
 
kathy c.
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The settlement will not bring back the Smoaks dog, but maybe the next Officer that decides to shoot a dog for no reason will think twice.
 
Shirley B.
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The policeman' s action was wrong. However, if the dog had been crated, the incident would not have happened. The owner was rewarded for his own stupidity.
 
Carrie R.
Carrie R. (croe)
1 year ago
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What's sad too is this story gives law enforcement a black eye. And we work with some great police, county and state troopers who really really care about animals and I believe would never do such a thing. I don't want to say that it couldn't happen, but there are many that care as much as we do. We are working with some right now on an abuse case and they couldn't be more committed to the cause of animal abuse than we are. So please let's not let this tarnish our opinion of all law enforcement people.
 
Carrie R.
Carrie R. (croe)
1 year ago
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How do you come up with a fine of $9000 for excessive force? I can see that if he hit the dog but he killed the dog. what would it have been had it been a person innocently shot. Same fine? I doubt it. This was a slap on the wrist.
 
Brittany
Brittany (Bgirl)
1 year ago
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Crazy. What a shame. This is really sad. He shot the dog in front of the child. I would never be able to get over this if it had happened to me. I hope he lost his job for this.
 
Ruthie D.
Ruthie D. (RuthieD)
1 year ago
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What a shame. There is no excuse for that behavior. Would the cop have shot
a child? I agree with many others, no amount of money can replace a pet, but
at least the cop was held responsible. Too bad the dog couldn't shoot him in the foot!
 
Dreamwisher
Dreamwisher
1 year ago
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I'm glad also they have cameras in their cars. Cops have a bad habit of LYING if its not on cameras. Hope he lost his job.And has nightmares every night!!!!
 
Dreamwisher
Dreamwisher
1 year ago
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Why didn't the police run the tags first??? Not all cops are good. You can tell he's not a K9cop!!!! Glad he got what he deserved
 
Amber C.
Amber C. (Amber2)
1 year ago
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i feel bad for the family, a pet is just like a member of the family! :(
 
connor  r.
connor r. (looky60)
1 year ago
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This comment has been removed by zootoo.
 
Dreamwisher
Dreamwisher
1 year ago
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Are you stupid!! Want someone to shoot your pet. Oh yea you probally don't have one.
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