Police Officer Defends Killing N.C. Family's Dog
Owner Says He Plans Legal Action

POSTED: 9:00 a.m. EST January 10, 2003

NASHVILLE, Tenn. -- A Tennessee police officer who fatally shot a dog belonging to a North Carolina family said what happened is unfortunate but he did what he had to do.


James Smoak of Saluda, N.C., said he never wants to see this happen to someone else and he wants the officer to be punished.


He and his family were visiting Tennessee when authorities mistakenly pulled over his family and then fatally shot their dog, Patton, after he bounded from the car.

Smoak has seen a police videotape of the New Year's Day incident, and it enrages him.

The seafood salesman said he has been in contact with several attorneys and plans legal action.

Cookeville, Tenn., officer Eric Hall told a Nashville television station that with the knowledge he had at the time, he acted out of necessity.

Authorities mistakenly pulled over a car carrying the Smoak family on New Year's Day. It was believed that they may have been involved in a robbery. Police found out later they had not.

The dog -- a mixed breed pit bull and boxer -- was shot after it bounded from the car and ran toward Hall. He's been reassigned to administrative duties pending an independent review.

James Smoak said he wants Tennessee authorities punished. Brandon Smoak said to see Patton shot was horrible.

Hall has been reassigned to administrative duties pending an independent review, but a police internal investigation found that he did not use excessive force. The independent review is under way.


So they already reviewed it and said he did nothing wrong... How can that be? They have it on tape.