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
There are plenty of law enforcement officers serving time for felonies.
Covering up a felony by a coworker is a very bad idea, and few cops are willing to risk their careers to cover up someone else's felony.
It makes for good movies, but real life doesn't work that way.
Out of curiosity, have you seen the video?
“Heated rage” ? Yes, he got out of his car and walked toward the officer. But his expression and demeanor suggested confusion and bewilderment, not rage.
I shudder at your toughness.
Internal investigations are notoriously corrupt when done in LE agencies.
"Common knowledge" isn't always knowledge, but supposition.
I have yet to see any expose of a civilian review board which revealed that they cooperated with the police in covering up a felony.
I’m fine with tasers being used as a “non-lethal” alternative to using a firearm (scare quotes because people keep getting killed by them). I’m not fine with them being used as some kind of tranquilizer dart for any degree of noncompliance. What ever happened to throwing a guy on the ground and cuffing him? At least that entails no risk of death.
Except to the cop.
So given your scenario, he should have fought the guy? While doing so, the wife gets out of the car and he is vulnerable to an attack from her.
How does the cop know that she does not carry a gun?
your sarcasm is telling
Of course you have a point.. It just pisses me off that police have to be so afraid of ordinary citizens. This makes them do stuff like tazer some nervous guy in front of his wife and child. Which makes ordinary citizens more afraid of police... and so it goes. People have to treat each other like monsters now, apparently.
“So what was the officer to do, allow Massey to knife, hit, shoot, kick, spit on him before defending himself?”
Have you actually watched the video?
The man was not threatening the officer, and in no way appeared threatening.
In general I support cops, but this was WAY over the line.
They are not covered up. They are simply redefined. If a citizen were to shoot and kill someone accidentally, they would be charged with 2nd degree murder, or at the least manslaughter. If a cop does it, it's a paid vacation until the uproar dies down, then the investigation quietly clears him and he goes back to work 6 mo. later.
If an ordinary person shoots a dog, while trespassing in someone else's yard, he would go to jail. A police officer does the same thing and doesn't even have to apologize to the owners.
Being a police officer makes one immune to the consequences of ones mistakes and misjudgments. Everyone else has to pay for their lapses in judgment, only police officers are given a free pass. Is it any wonder people think they are corrupt and abuse their power?
Going hands-on always entails some risk of serious injury or death to either the suspect or the officer. That's why the Taser is so popular, as it avoids that risk, reduces workers comp claims, and very rarely involves lasting harm to the subject.
The officer asked him to step out of his vehicle and come back to the patrol car. Unbeknownst to the driver, the officer was doing this in order to get the driver out from behind the wheel and back between the vehicles so he could initiate the arrest. Not sure what part of police training says he should turn his back on the person he intends to arrest but he was acting way too casual to deal with somebody in a "heated rage".
"Heated rage" is a little too strong for what we saw on the video, don't you think?
I guess I learned early that it never does any good to argue with a cop. He might be wrong, he might clearly be a jerk, but even given that, you will not come out ahead in the end.
Better to wait and save it for the judge.
Or if you negligently discharge a firearm into the ceiling of a store's bathroom because you hung your firearm by its trigger guard while you , you get a few days unpaid suspension and a written reprimand instead of criminal prosecution.
He was also not doing what the cop repeatedly told him what to do (Turn around, hands behind your back etc.).
How should the cop have gotten the man to cooperate?
I’ve had only positive (though sometimes puzzling) experiences with the police. I know to obey them for the reasons you stated.
However, I’m still nervous as hell when I’m talking to one. God knows what I’d do if one ever pulled a gun on me, I’d probably trip over myself trying to obey and get shot for tripping without asking.
True. How about:
Confused ignorance?
Willful disobediance?
Argumentative?
Refusing to listen to reason?
Setting a bad example for his children?
All of the above?
I saw that video. The officer doesn’t have the temperment to be in law enforcement. He had the bearing of a latent homosexual or someone with a deep rooted inferiority complex, sort of like Elliot Spritzer.
The arrogance he displayed on the video, now validated in his own self-absorbed mind, will eventually be his undoing.
I have not seen any of that coverage, do you have a link?
ROFLMAO
That is a good one. Nice way to lighten up the thread with a little humor!
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