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
“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.”
Have you ever driven a vehicle at 60 and then hit loose gravel?
“Hopefully, Gardner will be a little less itchy to give passing motorist a “ride on the taser”.”
I was hoping Mr. Massey would be a little less likely to speed in a construction zone, risking the lives of others.
Which is a lot more dangerous than taking a “ride on the taser.”
Which is unfortunate because we all need clarification in this case.
The officer, the driver, me, you, the state and everyone really needs this clarified.
The driver was NO threat to the officer. The officer just didn't like being questioned and the officer escalated the situation in order to justify his use of torture to punish the driver for daring to question him.
More to the story than you know apparently.
“Massey got his revenge”
Interesting choice of words.
So, if one violates traffic laws, refuses to sign the ticket, orders the officer around, refuses to cooperate in being taken into custody to post bond, and is tasered while walking away from the officer, then one is justified in getting revenge against the officer that had to deal with an argumentative moron.
“The officer just didn’t like being questioned and the officer escalated the situation in order to justify his use of torture to punish the driver for daring to question him.”
I see. So, the four times the officer asked him to “turn around, put your hands behind your back”, and he refused, was because Mr. Massey was helping the officer escalate the situation so that Officer Gardner could carry out his fantasy of tasering innocent young white men?
“This was not a speed trap, I don’t know why you think it is.”
Because he needs that qualifier to support his conclusion that it was a ‘bad cop’.
If you want to be ignored then don't comment.
“YOU are not paying attention to the WHOLE story.”
Oh, I’d say he is, more than you are.
Now, if you want to claim he hasn’t gone back and read all of YOUR side of the story, then that may be true.
“If you want to be ignored then don’t comment.”
Perhaps she meant just you?
I've often observed how those 'in charge' believe they ought to be above being recorded or accountable for their actions.
From LEO interacting with picketers & protestors and in other action, to managers & corporate officers of companies.
"The policy is: you little people don't try to hold me accountable!"
“It appears that it was a clear day.”
So what prevented Mr. Massey from seeing the two speed limit signs, the loose gravel signs, the red flags on them, and the loose gravel on the side of the road, as well as the police officer in front of him?
(remember, the officer pulls over and let’s Mr. Massey pass him)
The video in this case was from the Officer’s own camera and was released by the UTAH PD to Mr. Massey’s lawyers.
They then edited it and Mr. Massey put it on YOUTUBE.
Don’t ya wonder what they edited out?
So, in this case, the LE gave the videotape to the ‘victim’.
Doesn’t fit with your discussion on cops ripping the camera out of the victim or bystander’s hand?
Lucky? And what might she have got tazed for? Showing concern for her husband while he's being tortured?
You will NEVER get the passivity you are demanding.
Good start.
But the cop should have also been fired.
“An unhappy Massey posted the videotaped incident from the squad car’s dash cam on YouTube, which prompted a huge outcry from the public. Some people even threatened violence against the trooper — which prompted Massey to issue a public statement calling for people to “have some common decency” and stop making threats.”
The cops better get a clue that their increasingly antagonistic attitude towards law abiding citizens is what’s becoming indecent. I understand the police have a far tougher job to do these days, but they are turning the american public increasingly against them and sooner or later it’s going to blow up in their face.
“It’s the lawman’s word vs. that of the driver in this case.”
Well, there’s the video. And I saw the red flags, the signs, and what looks like loose gravel on the shoulder.
The sign said 40mph. Mr. Massey was found guilty of speeding.
How is that the cop vs. driver, only?
“However, there is no evidence that, as the weather was clear and there were no workmen in the vicinity, the driver was not engaging in reckless behavior.”
Until he got pulled over.
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