THP STATEMENT ON SMOAK FAMILY INCIDENT

By TN Dept. of Safety

January 09, 2003

Nashville (January 8, 2003) -- We at the Tennessee Department of Safety and The Tennessee Highway Patrol would like to convey our deepest sympathy, to the Smoak family, for the events of January 1st in Cookeville, Tennessee. Losing a beloved family pet is difficult at any time, but especially under such circumstances as the ones last week.

The Tennessee Department of Safety and the Cookeville Police Department have spent the past several days closely scrutinizing what happened that night, talking to the parties who were involved, going over statements, radio transmissions, and videotape, in an intense investigation of the New Year's Day event.

Any questions relating specifically to the shooting of the dog, Patton, must be addressed to the Cookeville Police Department. But while it was not one of our Troopers who fired the fatal shot, the Cookeville officers were assisting us in this traffic stop.

Those involved in our investigation included Department of Safety Commissioner Jerry W. Scott, Internal Affairs Director Gerald Allen, Tennessee Highway Patrol Commander Colonel Mark Fagan, Captain Randy Hoover of the Cookeville District of the Tennessee Highway Patrol, Captain Danny Wilson of the Nashville THP District, as well as members of our Criminal Investigation Division, training staff, administrative staff, and legal division.

Our investigation has found that our troopers on the scene that night – Trooper David Bush, Trooper Jeff Phann, and Lieutenant Jerry Andrews – did have probable cause to conduct what in police terms is called a "felony stop" of a motorist. However, some issues were found in the chain of events that led to it being given that status.

To briefly summarize the timeline of events:

• At 4:52 in the afternoon of January First Tennessee Highway Patrol in Nashville received a call from a woman in Wilson County who was traveling east on Interstate 40, and who reported she had been passed by a green station wagon traveling at a high rate of speed, and that a large amount of money had been thrown out of the window. A “BOLO” (Be On the Lookout) call was put out to all cars to this effect.
• At 5:00, Operator Shannon Pickard sent a teletype from Nashville Dispatch to all Middle Tennessee agencies inquiring as to whether there had been any robberies where a large sum of money might have been taken, involving a dark green station wagon bearing out-of-state tags.
• After receiving that teletype, Operator Timothy McHood in Cookeville put another BOLO out to all cars. Operator McHood stated that the green station wagon had possibly been involved in a recent robbery.
• At 5:07, Trooper David Bush called in to say he had met a car matching the vehicle description, and was trying to catch up with it. Operator McHood broadcast to all vehicles that Trooper Bush is trying to catch a dark green station wagon, possibly involved in a recent robbery involving large amounts of cash, and asked if there was a unit in the area to assist him. Trooper Jeff Phann responded.
• Trooper Bush then stated that he had caught up with the green station wagon at the 280 mile marker of Interstate 40 Eastbound, and asked for the vehicle information from the license plate. It was confirmed that the license plate matched the one that was reported in the original phone call to THP in Nashville. At that point, the Cookeville Police Department was notified and backup requested, and the vehicle was stopped at the 287 mile marker. The occupants of the green station wagon were ordered out of the car, handcuffed, and as we all know, the dog, Patton, was shot by the Cookeville Police officer after he ran out of the vehicle and toward the officer.

Our investigation shows that the Troopers were justified in making a felony stop, based on the information they received from the Communication Officers.

It was found that some of the communication between dispatchers was made on a Nextel-type two-way instead of a recorded telephone or radio line, therefore cannot be absolutely confirmed.

In reviewing the videotape of the stop, it is clear that the members of the Smoak family were asking the officers to close the car doors so that their dogs would not escape. Lieutenant Andrews is seen closing the driver side door of the car, but no move is made to close the door on the passenger side. When asked during our investigation why the passenger door was not closed, Lieutenant Andrews indicated that if he or another officer had moved to that side of the car, he would have been in the line of any potential crossfire. Remember – at this time, the Troopers on the scene were still under the impression that a felony may have been committed, and were acting accordingly.

These are the basic facts of the case as found by our Investigators. The entire package is currently under review by Colonel Fagan's office to see what, if any, policies and procedures were violated, and to see what, if any, disciplinary action is appropriate to take against the parties involved.

In the last six months of 2002, The Tennessee Highway Patrol wrote more than 190 thousand traffic citations, and made nearly eight hundred felony arrests, not felony DUIs.

Law enforcement officers put their lives on the line every day. They face risks from other drivers, from persons who are under the influence of drugs or alcohol, or who have weapons they're more than willing to use against an officer. They depend on communication from dispatchers, other officers, and communication officials to help them take responsible actions and make responsible - sometimes life and death - decisions.

We are looking at some of the procedures in our radio room, regarding communications between field personnel – making sure all transmissions are properly documented, either by radio transmission (logged and recorded) and/or recorded telephone lines.

We are also looking at using these events in future training programs at our Academy, both at the Cadet and Supervisory levels.

Department of Safety Commissioner Jerry W. Scott called Mr. Smoak on the telephone last week to offer his condolences to the family for this terrible event. He spoke for all of us here at the Department and the Tennessee Highway Patrol in extending our utmost sympathy to the family.

We cannot change what happened, but we can work to make sure something like this never happens again.