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
So you say, but it actually has legal weight - while your opinion doesn't.
Is there something wrong with supporting law enforcement?
Should law enforcement supporters switch their allegiance to felons instead?
“So you say, but it actually has legal weight ...”
Sadly you are correct. I say sadly because when it comes to police investigating their own, they have the worst reputation for corruption in the world. Abuse of power doesn’t get any more blatant.
“The best thing to do when pulled over by a police officer for a traffic violation is to shut up and hand over the license, proof of insurance, and registration.”
I take the added step of only opening the window enough to allow this and not answering any questions.
The suit said Massey fell screaming in pain after being shocked while Gardner taunted him by saying, "Hurts, doesn't it?"
If this is true, then it isn't a "close case" and the state's getting off lightly.
They do exactly that when law enforcement officers commit felonies.
I watched it before I made my comments, Thanks
You are being intellectually dishonest.
Read my post agian.
When someone is convicted of a felony they are stripped of their law enforcement status.
I see we have worked for the same company!
I read it through in the first place, and you really shouldn't be commenting on anyone else's "intellectual" anything.
I'm not sure exactly how the process works in UT, but most law enforcement agencies of any size are supervised by independent review agencies that do not report to anyone in law enforcement.
More BS from the law suit. That is not what occurred.
Much later, long after he was tazzed, a second officer approaches and asks "what have we got here?".
The first officer says: "Oh, he took a ride on the tazer. Painful isn't it?"
Not in a taunting tone, but in a rather matter of fact tone. Actually after watching it a second time, the wife is lucky she did not get tazzed as well.
“Just pay me, bro!”
“I think every good cop would agree with that. It’s the horses behinds like this guy who mess it up for the rest of them. It’s reaching a point where the public is hesitant to trust cops at all anymore.”
I don’t trust cops. My ex-brother-in-law is a cop. He once told me cops lie on the stand because the other side lies too. Nice.
Yes, but LEO’s who commit felonies are rarely convicted due to the help and support of their supporters, usually other LEO’s. That doesn't make them innocent.
So, all I have to do is bait a cop into zapping me for a quick $40K? Cool!
My comment was already posted in an unaoplogeticly clear conscience. If you deliberately try to change the argument for the sheer sake of being argumentative, then I shall call you on being intellectually dishonest.
If you neither like it or even if it perhaps gets me banned, I care not.
I posted the truth.
Deal with it.
Internal investigations are notoriously corrupt when done in LE agencies.
In all sincerity, what should the cop have done with somebody who clearly was not listening to him?
He was told three times to put his hands behind his back or to turn around. He then was backing away from the cop, back towards the car and did not stop.
That was when he got zapped. What do you feel the cop should have done to get the guy under control?
Note also, while in the car he admitted to going 58 mph, later he says he was not speeding. The cop clearly told him why he was pulled over ('going a little fast'). The man later says he was not told why he was getting a ticket.
Sorry, but based on the tape, the tazing was within guidelines.
You did not see the one of the guy in Vancouver who got zapped did you?
$40K should be enough to pay for his funeral.
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