Posted on 03/11/2008 8:05:26 AM PDT by abb
A Vernal man shocked twice with a Taser during a traffic stop last year has accepted a $40,000 settlement in a lawsuit filed against the state and a Utah Highway Patrol trooper. The Utah Attorney General's Office announced the settlement between Jared Massey and UHP trooper Jon Gardner on Monday. "We think this is a legally defensible case because Trooper Gardner acted reasonably to avert a volatile and potentially dangerous confrontation on the side of a busy highway," said Assistant Attorney General Scott Cheney, who represented Gardner. "We recognize, however, that this is a close case." The settlement comes on the heels of a decision by Tooele County prosecutors earlier this month that determined Gardner's actions were not criminal. An internal UHP investigation also cleared the trooper. Video of the trooper zapping Massey, taken by the trooper's dashboard camera, came to prominence after Massey posted it on the Internet site YouTube. Since it was posted last year, it has been viewed more than 1.7 million times. Massey's attorney, Bob Sykes, said Monday the offer to settle the case was not the state's first and that his client decided to take it. Massey filed a lawsuit against Gardner in January alleging the trooper violated his civil rights when he zapped him during a traffic stop Sept. 14, 2007, on Highway 40 in Uintah County. Advertisement Click Here!
He was stopped for driving 61 mph in a 40 mph zone. During the stop, Massey argued with Gardner about his speed and then refused to sign the citation. Massey then got out of his car and followed Gardner to his police car where he was asked to place his hands behind his back. When Massey refused, Gardner shocked him. The suit said Massey fell screaming in pain after being shocked while Gardner taunted him by saying, "Hurts, doesn't it?" Massey struck his head against the pavement and was zapped a second time because he was unable to immediately obey an order to turn over on his stomach, according to the suit. "We thought the amount of force used was outrageous," Sykes said Monday. The settlement amount includes attorneys' fees. The Attorney General's Office says Massey has agreed to dismiss his lawsuit, all claims against Gardner and all potential claims against UHP, the Utah Department of Public Safety and the state. jbergreen@sltrib.com
LOL
“So don’t tell me the cop wasn’t in the wrong. he WAS”
Absolutely. This is the first time I’ve seen this video. He says sign the ticket, the guy says no. He says get out of the car, the guy does. The guy follows him back to the trooper’s car, he’s pointing at the speed limit sign, pointing out it’s a speed trap, and the cop draws down on him with the taser, and starts yelling at him. The guy turns his back to him, and he zaps him. Here we go again, contempt of cop. $40,000? The State got off cheap.
“If it was not a speed trap, then the motorist had nothing to complain about.”
As one could clearly see in the video, Officer Gardner was sitting on the side of the road, with radar gun in hand.
When he pulled Mr. Massey over, he showed him the flashing display on the radar gun, indicating his speed.
(sarcasm/off)
“The guy follows him back to the trooper’s car, he’s pointing at the speed limit sign,”
He also states he never saw a speed limit sign. The first or the second.
So what is it he is pointing at, again?
Some people aren’t seeing the whole video or they are ignoring that part I guess.
“or what he did wrong (beyond being quick on the tazer trigger).”
Let’s see....
“turn around and put your hands behind your back.”
“turn around and put your hands behind your back.”
“turn around.”
“turn around.” (while Mr. Massey continues to walk away from the officer).
Fired the taser.
I would say that in most cases, the average person would have heard “turn around and put your hands behind your back” just once, and only once.
“Some people aren’t seeing the whole video or they are ignoring that part I guess.”
Some people are seeing the edited video (you ain’t seen the part where Mr. Massey is still arguing with the cops while being put into the police car), and trying to see the whole picture, and not just focusing in on only that which they want to see or believe.
Seems to me that the cop lost control of the situation when he ordered the guy out of the car. He could have explained to him that by signing the ticket, it’s a promise to appear, it’s not an admission of guilt, and if he doesn’t sign it, he has to arrest him. He didn’t do that.
He orders him out, and next thing you know, zap.
I would have less objection to traffic laws if they were objectively arrived at and not driven by various agendas, whether greed, nanny statism, or pressure from the insurance lobby.
You were doing well, until that part. Between "out" and "next thing you know", the guy was given several warnings and instructions, all of which were ignored.
It appears that it was a clear day. If a motorist had lost control of his car, it would have been due to factors other than the gravel on the surface, such as driving under the influence or mechanical failure. As for damage to other cars, that would be most likely sustained by a vehicle behind the car in question. A wise driver would stay a clear distance behind under the circumstances, irrespective of the lead car’s speed. Again, it is not the business of government to protect people from the results of their own foolishness or misjudgments.
This was not a speed trap, I don't know why you think it is.
I TOLD YOU SO!
Sorry to have to say that, but.... I did.
I’d say, it’s a pretty fair settlement. The lawyers will get most of it. Gardner gets to keep his job. Massey got his revenge, and learned what not to do.
Hopefully, Gardner will be a little less itchy to give passing motorist a “ride on the taser”.
“Again, it is not the business of government to protect people from the results of their own foolishness or misjudgments.”
Yet there are seat belt laws, and speed limits.
“I would have less objection to traffic laws if they were objectively arrived at and not driven by various agendas, whether greed, nanny statism, or pressure from the insurance lobby.”
Sure. Wouldn’t we all.
But that wasn’t the case, in the Utah incident.
“I TOLD YOU SO!”
What exactly did you tell me?
That Mr. Massey was found guilty as charged?
That he was taken into custody to post bond, after being tasered for refusing to cooperate?
That he had his lawyers edit the video from the UTAH PD, then he placed it on YOUTUBE to gain public sympathy?
That he obviously planned to gain from the tasering in a monetary way, playing on the recent questionable uses of tasers?
That this was a civil lawsuit, and UTAH paid $40,000 to settle because it would cost the state more to defend itself?
That the main reason there was a lack of justice was due to the MEDIA and INTERNET exposure?
That the UTAH PD stated the officer was not in any way wrong in his use of the taser?
What did you tell me?
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