Independent report backs up Cookeville Police conclusions in Smoak family case

By Michael Heitman
Cookeville.com
January 15, 2003

Cookeville Police Chief Bob Terry released the findings of an independent review of the video in which Officer Eric Hall shoots and kills a family dog. Chief Terry released the report by Gaithersburg, Maryland Police Chief Mary Ann Viverette at a 3:30 p.m. news conference in City Hall.

The two-page report (view page 1 and page 2 of the report online) was requested by the Cookeville Police Department as a supplement to their own internal investigation which found that, "The officer took the only action he could to protect himself and gain control of the situation." Chief Viverette quoted the Cookeville Police Department's policy on "Use of Force" and later stated, "If, upon review, his belief is deemed to be objectively reasonable, there would be no reason for administrative action against this officer for his actions."

Viverette later notes her greatest concern was that after the shooting, both Cookeville officers turned their weapons in the direction of the Troopers who were handcuffing the Smoak family members. The fact that the Trooper who saw there were no more passengers in the car and saw the dogs but didn't close the door was also a concern for Viverette. She noted that more information would be more helpful for further evaluation. Chief Terry said that he sent the video and only limited information on the situation so that she could make an initional assessment similar to what the officer would have done. Terry said now he will send Viverette more information, including an interview with Officer Hall.

Chief Terry said that this will essentially close this incident as he gives his final report to City Manager Jim Shipley. Officer Hall, who is currently on administrative duty, will be placed back in the field in the very near future. Terry also said that he didn't expect there to be any policy changes as a result of the incident. However, Terry did say that the Department feels "absolutely horrible" about the incident.

The report stems from the January 1 incident where a tip from a caller led Tennessee Highway Patrol officers to make a felony stop on the car driven by the Smoak family. The Smoaks were on their way to their home in North Carolina from a vaction. The father, James Smoak, put gas in his car in Nashville and left his wallet on top of the car by accident. As he drove east on Interstate 40, the wallet flew off the car and sent money flying out of the wallet. Another driver saw the money and called the THP claiming a car going about 110 m.p.h. had money flying out of it. Communication among various dispatchers led to tele-type being sent out to local law enforcement agencies about a possible burglary. The THP caught up with the car and asked the Cookeville Police for backup for a felony stop to be done at exit 287 in Cookeville. The Troopers made the stop and had all of the passengers in the car come out. As the Troopers were handcuffing the three family members, one of the family's two dogs in the car jumped out of an open door of the car which the family asked the Troopers to close. The dog, named Patton, ran down the embankment and back up towards Officer Hall who had his shotgun drawn while providing cover for the Troopers. Hall backed up and then fired at the dog and killing it instantly. Later the Troopers received information that the Smoaks had done nothing wrong and they were released.

The story was picked up by national press when a video taken from a Troopers car was released. The attention has led to the internal investigations and has even sparked interest from the newly convened Tennessee Legislature. Chief Terry said he will be at meetings with the Legislature on Friday.