SEVERE WX : Wind Advisory View Alerts
STREAMING NOW: Watch Now

Sheriff's disturbing comments caught on body cam

Body camera video from the aftermath of a deadly officer-involved shooting has raised new questions about what happen...

Posted: Feb 8, 2018 7:02 AM
Updated: Feb 8, 2018 7:02 AM

Body camera video from the aftermath of a deadly officer-involved shooting has raised new questions about what happened.

Video obtained by NewsChannel 5 Investigates shows the White County Sheriff discussing his order to use deadly force with another deputy.

Sheriff Oddie Shoupe did not realize he was being recorded after the shooting by a body camera that another deputy put in the back of a patrol car.

What it caught the sheriff saying is now at the center of a federal lawsuit.

Last April, Smithville Police attempted to pull over Michael Dial for driving on a suspended license.

He was driving a 1976 pickup and towing a fully loaded trailer.

The slow speed chase started in DeKalb County before moving into neighboring White County.

Robyn Dial can't believe how quickly things escalated, and that her husband is gone.

"Why didn't he stop?" Dial asked. "He was scared. I know him enough to know that."

"When I wake up every day and he's not there, it's like going through it all over again," Dial said.

The chase never reached high speeds.

DeKalb County deputies later told the TBI it was more like a funeral procession.

The TBI Investigator asked, "How fast do you think it got up to?

Dekalb County Detective Jimmy Martin responded, "We might have got up to 50 at one point. For the most part it was 30 to 40 miles per hour.

Dekalb deputies backed off at the county line, and White County took over.

Their deputies tried to stop Dial using their patrol cars.

Reserve Deputy Adam West got involved -- driving his personal pick-up.

Sheriff Oddie Shoupe was not involved in the chase, but he gave orders to the radio dispatcher authorizing deputies to shoot Dial.

The radio dispatcher said, "Per 59 (the sheriff) use deadly force if necessary. Take the subject out by any means necessary."

After that order, Deputy West took out his gun.

They were on Highway 111 with few cars in sight.

Minutes later deputies pushed Dial's truck off the road.

West got out of his truck and immediately opened fire.

Officer Charlie Simms also started shooting.

Dial was struck in the head.

He was unarmed.

The video is hard for Robyn Dial to understand.

"I feel with every part of me that's exactly what they wanted to do was kill him."

Dial's lawsuit focuses on what the sheriff said after the shooting to another deputy, on that body camera they didn't know was on.

Sheriff Shoupe: "I told em, I said take him out."

Deputy: "I heard."

Sheriff Shoupe: "Da**, I don't give a sh**."

Deputy: "It wasn't long after that I heard 'shots fired.'"

Dial is suing White County, the Sheriff, Deputy West and Sparta Officer Simms claiming they used excessive force.

The lawsuit claims Sheriff Shoupe "preferred to shoot and kill Mr. Dial rather than risk damaging his patrol cars."

Sheriff Shoupe: "They said 'we're ramming him.' I said, 'Don't ram him shoot him.' Fu** that sh**. Ain't gonna tear up my cars."

"If they don't think I'll give the da** order to kill that motherfu** they're full of sh**. (Laughter) Take him out. I'm here on the da** wrong end of the county," Shoupe said on the body camera.

He seemed upset he was not there when the shooting happened.

"I love this sh**. God I tell you what, I thrive on it."

Attorney David Weissman said there was no reason to shoot Mr. Dial.

"I don't know how you can thrive on taking a human life. That's not law enforcement," Weissman said.

He said the sheriff's comments prove he was more concerned with his patrol cars than Dial's life.

"If that's the mentality of the highest policy maker in the county, that's scary," Weissman said.

The District Attorney ruled the shooting justified.

But immediately afterward, Deputy West was clearly upset.

Sheriff Shoupe comforted West by telling him he did exactly as he was ordered.

"You don't have to worry about this. I made the decision. You don't have to worry about it. I took that away from y'all. You don't have to worry about nothing. Everything's cool. You done exactly right," the sheriff said.

Robyn Dial will never believe her husband needed to die.

"They could have let him go ten more miles down the road, he probably would have run out of gas... I just hope he knows I loved him," Dial said.

District Attorney Bryant Dunaway is standing by his ruling that the shooting was justified.

He admitted he had not heard the sheriff's comments on the body camera when he first made that ruling.

Sheriff Shoupe declined to comment on the story.

District Attorney Dunaway put out a new release after the shooting -- but before he had seen the sheriff's comments on the body camera that stated in part:

"Dial's truck drove down an embankment on the right side of Highway 111 and then began to drive back up to the grass hill toward the highway and toward the Sparta Police Officer's vehicle."

It concludes, "It is clear from the circumstances that Mr. Dial was a dangerous and unstable subject" who posed a risk to law enforcement and to other citizens.

Huntsville
Broken Clouds
68° wxIcon
Hi: 69° Lo: 45°
Feels Like: 68°
Florence
Overcast
59° wxIcon
Hi: 62° Lo: 45°
Feels Like: 59°
Fayetteville
Overcast
68° wxIcon
Hi: 71° Lo: 45°
Feels Like: 68°
Decatur
Overcast
65° wxIcon
Hi: 68° Lo: 45°
Feels Like: 65°
Scottsboro
Broken Clouds
73° wxIcon
Hi: 70° Lo: 45°
Feels Like: 73°
WAAY Radar
WAAY WAAY-TV Cam
WAAY Temperatures

Alabama Coronavirus Cases

Confirmed Cases: 161537

Reported Deaths: 2718
CountyConfirmedDeaths
Jefferson23769383
Mobile17039318
Tuscaloosa10539141
Montgomery10435199
Madison946798
Shelby756365
Baldwin674369
Lee662465
Calhoun468962
Marshall445251
Etowah436552
Morgan426335
Houston421234
DeKalb351229
Elmore326558
St. Clair307042
Limestone295131
Walker285593
Talladega273937
Cullman260025
Lauderdale237143
Jackson221917
Autauga210331
Colbert208232
Franklin207732
Blount198825
Russell19763
Chilton190932
Dallas188127
Coffee182611
Dale180852
Covington176729
Escambia175331
Clarke138017
Chambers137047
Pike135514
Tallapoosa135387
Marion110331
Barbour10459
Marengo103522
Butler101541
Winston94313
Geneva9357
Lawrence87733
Pickens87418
Bibb85615
Randolph84316
Hale78030
Cherokee76114
Clay75812
Washington75412
Henry7286
Lowndes71728
Monroe66010
Bullock65017
Crenshaw61130
Perry5966
Fayette59413
Cleburne5779
Wilcox57112
Conecuh56513
Macon54120
Lamar5165
Sumter47721
Choctaw39412
Greene34616
Coosa2143
Out of AL00
Unassigned00

Tennessee Coronavirus Cases

Confirmed Cases: 254220

Reported Deaths: 3241
CountyConfirmedDeaths
Shelby37111570
Davidson32483346
Knox1304995
Rutherford12271115
Hamilton12057111
Williamson731956
Sumner6305113
Wilson484760
Putnam454857
Montgomery433360
Out of TN417735
Sullivan392349
Madison389280
Bradley366723
Washington366353
Blount346436
Sevier346122
Maury343138
Robertson266943
Hamblen252550
Tipton243923
Dyer232438
Gibson220549
Unassigned21075
Coffee196226
Hardeman192933
Obion184723
Greene183154
Trousdale17819
Anderson176714
Bedford176320
Dickson174719
Fayette174425
Lawrence169620
McMinn168338
Loudon167812
Cumberland165127
Carter163034
Wayne16127
Weakley160126
Jefferson158823
Monroe150729
Warren149011
Lauderdale147417
Henderson143626
Hardin142622
Roane13878
Macon137125
Haywood131728
Franklin131423
Overton124818
Hawkins124525
White122814
Marshall117211
Johnson11717
Carroll116126
McNairy115029
Rhea113219
Cocke112314
Cheatham109112
Campbell107113
Bledsoe10334
Smith102414
Giles99438
Lake9904
Fentress93411
Lincoln9313
Crockett89722
Henry82112
Hickman82015
Marion80910
DeKalb77917
Chester74015
Decatur67411
Grainger6354
Grundy58511
Union5523
Claiborne5387
Polk53313
Jackson4686
Humphreys4624
Unicoi4573
Morgan4517
Benton4319
Lewis4315
Cannon4302
Houston42817
Clay41515
Scott4005
Sequatchie3572
Stewart34411
Perry3365
Meigs3326
Pickett2839
Moore2772
Van Buren2122
Hancock1233

Community Events