Posted on 11/22/2007 7:37:13 AM PST by Excuse_My_Bellicosity
Was a Utah Highway Patrol trooper acting within policy when he used a Taser on a driver who refused to sign a traffic ticket?
That is the question UHP internal investigators hope to answer after Trooper John Gardner - a 14-year UHP veteran - zapped Vernal resident Jared Massey with the device for refusing to sign a speeding ticket or submit to being arrested during a traffic stop about 10 a.m. on Sept. 14.
The incident placed UHP on the defensive when the officer's dashboard video of the emotional confrontation found its way onto Internet site YouTube.
"We are doing an internal investigation to see if the trooper's actions were warranted," said Trooper Cameron Roden, a UHP spokesman. That investigation is expected to be completed this week or sometime next week.
The 10-minute video begins as the officer passes a sign clearly showing a speed limit of 40 mph on U.S. 40 in Uintah County.
Gardner - who remained on active duty as of Wednesday - then proceeds to pull over Massey's Dodge SUV.
The trooper approaches the driver's side window and twice asks for Massey's driver's license and registration. The second time, the trooper is audibly frustrated, saying, "Driver's license and registration, like now."
"How fast did you think you were going?" the officer asks.
"I was going 68," Massey could be heard saying.
"OK, there's a sign right there that says 40 miles per hour," the officer says, shortly before returning to his squad car.
When Gardner returns to the SUV with the traffic ticket, Massey refuses to sign the citation, insisting that Gardner show him the 40 mph sign.
"Well, you are going to sign this first," Gardner said.
After refusing, Gardner asks Massey to exit the SUV, which at 2:23 minutes into the video, he does.
The pair walk to the front of the officer's car, where Gardner points his Taser at Massey, ordering him to place his hands behind his back.
''What the hell's wrong with you?'' Massey asks, while turning and beginning to walk back to the SUV. Gardner tells the driver to turn around, but he refuses and continues walking away.
The officer aims the Taser, and at 2:37 minutes into the video, fires it into Massey, who falls backward onto the pavement and can be heard screaming. Massey's wife then comes out of the SUV screaming and is ordered back inside the vehicle by Gardner.
''Ma'am, do exactly as I say or you're going to jail, too,'' the officer says.
After the incident, off camera Massey can be heard repeatedly asking to be read his Miranda rights, but it remains unclear from the video, which cuts in and out, whether the officer complied with that demand.
Roden said he was unaware whether the man was given his Miranda rights, but noted Massey could have been read them when booked into the Uintah County jail.
In the video, Gardner repeatedly states he tasered Massey because the man failed to comply with his instructions and demands.
A short time later, an unidentified officer strolls up on scene and Gardner tells him that Massey "took a ride with the Taser."
Gardner then states that Massey was "jumping around, making me nervous as hell. I was like, nah, we ain't playing this game."
"Good. Good for you," the unidentified officer says.
Massey, who was not available for comment on Wednesday, is scheduled to stand trial for the speeding ticket Jan. 14 in Uintah County Justice Court.
When drivers sign traffic tickets, they are not necessarily admitting guilt but merely acknowledging they will show up at court or to pay the ticket, Roden said.
In the event that a motorist refuses to sign, a trooper can simply write "refuses to sign" on the citation, which is then given to the driver, or they can chose to arrest the motorist, Roden said.
"I can't speculate to this incident what was going through officer's mind," Roden said. "The officer has to weigh a lot of different things."
Troopers that carry Tasers must take a four-hour certification course outlining how and when to use the devices, according to UHP's nine-page policy. They are taught to use them in three circumstances:
* When a person is a threat to themselves, an officer or another person.
* In cases where the physical use of force would endanger the person or someone else.
* When other means of lesser or equal force by the officer has been ineffective and a threat still exists.
"There's a lot that goes into it," Roden said.
UHP requires an officer file a report any time a Taser is used, noting, among other things, how many warnings the subject was given and where the electric probes hit on a person's body.
Officials are then required to get the person arrested checked by medics. Massey was later taken to Uintah Basin Medical Center in Roosevelt, Roden said.
ngonzalez@sltrib.com
This out of control, power drunk, sorry excuse for a representative of law enforcement should (and hopefully will) be in jail.
Regardless of the outcome of the traffic ticket, the only question left will be for how much money will the jurisdiction settle the lawsuit. The floor is probably set at $1 million. The guy can probably name his price.
This is NOT lawsuit abuse. This type lawsuit helps prevent this type thing from happening again so it serves a noble purpose.
Absolutely not true. Never has been true.
The only reason the man was arguing the ticket is because the cop was being a jerk and refusing to even answer a simple question about how fast the driver was going. Here’s my post from another thread where I asked my brother’s opinion. I think my brother hits it right on the head and I certainly think that cops need to think more like he does instead of like thugs with badges:
“Agreed. I sent my brother an email asking for his opinion. He is a 15 year veteran LEO. Here’s his response:
It was hard to understand what was being said in the SUV during the stop that may have led up to the tasing, but the officer should learn how to communicate better definitely. Good verbal judo can greatly lessen the need to use force and I did not hear any of that from the officer. I am assuming that the stop was in a state where not signing a citation is an arrestable offense (as it is in Fla.), but the officer never bothered to tell the driver that. He should have said, “Sir, you are more than welcome to go back and look at the speed limit sign, but right now I need you to sign this citation”. Then if the guy continues to give him grief, “Sir, I want you to understand that it is an arrestable offense in this state to refuse to sign a citation and if you do not sign it I am going to have to place you under arrest”. Not that an officer has to explain the law to every offender before they arrest them, but when you are elevating from a traffic citation to an arrest, and you’re on video (duh), you want to clearly look like you are completely justified before you have to use any force. He just ordered the guy out of the car and told him to put his hands behind his back and then tased him when he did not get immediate compliance. Again, “Sir, you are under arrest, if you don’t put your hands behind your back, I’m going to have to tase you”, would have worked a lot better. I wouldn’t want to be watching myself on video performing the way he did when I’m sitting at the defendant table after this guy sues me.
For the record, Asheville PD lost one of the best when my brother moved back down here to Florida a couple of years ago. He’s no longer in law enforcement, but he was a great cop.”
I don’t disagree. The cop could have used better verbalization.
My statement was that on the face of things he was within law and policy
Considering the whiners on this thread (95% of the posters) who are screaming about the officer being drunk on power, a sadist, psycho, etc. I would say that his little PR blitz is working beyond his wildest dreams.
Just curious, if the wife had been driving, and the same events occurred up to the time the LEO used his taser, do you think it would have been okay for the LEO to have tazed her?
If he uploaded it, he has possession on his computer. When people reconstruct incidents, they always recall it their favor. This guy went a step farther and edited it in his favor.
Regardless of your emotional and personal feelings of the officer, of which you’ve allowed a bunch of “I hate cops” FR posters to whip into a frenzy, the court will find the officer in the right. When the speeder attempted to leave the scene and jammed his hands into his pockets while doing it, he clearly left himself open to being physically stopped from leaving. He also made it appear that he was going for a weapon. Since no other cops were on the scene and the perp was behaving so erratically, the cop has it locked up in court.
As for all the screamers here who are hollering “Sue! Sue! Sue!”, Massey has to show bodily injury, which he can’t. He’ll win $1 if sues successfully.
You bet. The law doesn’t make that distinction, especially when a person appears to be going for a weapon. When the guy was on the ground, she came out of the vehicle. It’s lucky she stopped when told. Cops have been shot in that exact scenario. She’s lucky she didn’t get shot. The stupidity of this couple just amazes me.
You sure like to live up to your user name. I feel sorry for you.
Your question is ridiculous and it’s obvious that you’re just running on pure emotion. The cop could’ve used better communication skills and is probably a rookie, but all of your sadist and torture talk is pure BS.
The guy that was pulled over was acting erratically and wouldn’t stop running his mouth long enough to hear anything. Spoiled brat roadside-lawyer sure learned a tough lesson that day. When pulled over, your attitude dictates how things are going to go.
Considering your poor situational awareness and ability to be emotionally manipulated, I feel sorry for you.
Police Officer (standing at the driver's side of the car he just pulled over): “Sir, I want you to understand that it is an arrestable offense in this state to refuse to sign a citation and if you do not sign it I am going to have to place you under arrest”.
Driver: Um... Look over there! A baby wolf! 
“The side of the road is not the place to argue a ticket-the court is.”
Correct, it is the place to ask for explanation for the stop.
“Sometimes the Key Board Commandoes get themselves into a big lather over these things. “
And sometimes the bootlickers will excuse any behavior. The citizen is automatically a druggie and automatically guilty.
“Occaissonally I post something to try and pierce the fog, but normally let it go. “
So do you think the militarization of the police departments is a cause for concern?
“When you are pulled over by an officer of the law, you are technically UNDER ARREST.”
“Absolutely not true. Never has been true.”
Detained is the correct legal status isn’t it? Of course the off duty (hopefully they are off duty) cops on here seem to regard all citizens as criminals they haven’t got around to arresting yet.
“For the record, Asheville PD lost one of the best when my brother moved back down here to Florida a couple of years ago. He’s no longer in law enforcement, but he was a great cop.””
Sounds like the kind of cop we need more of.
There’s a lot of FR posters who don’t post to a thread until there’s a few dozen replies because they want to go along with the majority. Since a bunch of whiners running on emotion and no analysis hit the thread early, that’s about all you’ll see here. Most of the stories about cops on FR involve gross misconduct, so there’s a lot of prejudice up front before they even read the article.
I’ve sided against the cops on a whole lot of threads here, but I’m just not seeing the “sadistic power-drunk psycho” that nearly everybody else is. Oh well, they’re making the accusation so the burden of proof is on them.
“When pulled over, your attitude dictates how things are going to go.”
The pro-taze crowd on here seem to think “your attitude” includes a good deal of boot licking.
It is appropriate to be polite and professional for both sides. The officers comment at the end (took a ride on the tazer) sums up why the entire encounter happened. The guy was silly enough to question the officer and that cannot be allowed to happen.
Now, THIS may be the first sensible answer I’ve seen on this thread.... your brother sounds like a cop who is truly “serving the public”.
I really can’t see why anyone would try to defend this cop’s actions.
I previously asked, “How did this video get released?” I really didn’t know for sure... but, actually... I was ASSUMING that the driver had somehow gotten it, and posted. He’s really the only person who has something to GAIN from people seeing it.
This is NOT propaganda... it’s a video record of what happened... for ALL to see. And what it shows is.. a smart-ass kid who is obviously ignorant of the amount of trouble he’s in... and, and ass-hole cop who thinks everyone he sees should hop on his command.
I think... it is ONLY the cop who has anything to worry about from this video. THAT ALONE speaks volumes.
Detained, yes. Arrested, no.
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