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
“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.”
So anyone who doesn’t agree with you is a whiner? You must be a cop cause your ego is obstructing your view. “I feel sorry for you.”
“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.”
Well stated. I’m sure there is great concern among the rank and file that the dash cams are being used against the LEOs now.
Bootlicking, oh sure. I side against the cops on most of the law enforcement threads here on FR.
Here’s a crazy thought: I’d like to see the full un-edited version of the tape. Place your bets that it was edited in Massey’s favor.
This driver’s attitude from the beginning set the tone of the encounter. It’s sad that so many young brats grow up to be older brats these days with no respect for authority and who think they must challenge and give attitude to authorities.
In this case I’ll support the officer 100%. The jerk deserved to get tasered as it was obvious he had no respect for authority from the beginning. The officer shouldn’t even be expected to wrinkle his shirt in dealing with this jerk.
Yeah and?
And... just to answer you flamers: Yes.. I understand that being a cop is a DIFFICULT job. One that can become life-threatening at any moment. I get that. That’s why, some people just can’t, or shouldn’t do it.
On this day...this cop was one who shouldn’t be carrying a lethal weapon representing the public. I’d want to hear more of his record before wanting to get rid of him. But, he definitely needs some type of discipline to get him to understand why his actions were unacceptable. Maybe, he should just have to watch the film a 100 times....
My guess is... he still feels like the victim here. I doubt he “gets it”.
The cop should be charged with reckless endangerment.
What complete moron would taser someone along side of a very busy highway knowing that the victim may fall into the path of an oncoming vehicle?
Besides everything else, tasers kill.
This is clearly assault with a deadly weapon.
“The jerk deserved to get tasered as it was obvious he had no respect for authority from the beginning. The officer shouldn’t even be expected to wrinkle his shirt in dealing with this jerk.”
So we deserve to get tazered if we don’t kiss up to our betters?
You know... just as instant replay has shown that baseball umps are ALMOST ALWAYS right... dashboard videos bolster the COPS side of things about 98% of the time. But, they do occasionally catch the other side too.. All in all, I definitely think the cameras help to protect us all.
or they can chose to arrest the motorist,
It is sad... but, it is also all too common these days. Any cop who hasn't learned how to deal with that is doomed to be sued out of existence. You can't just go around tazering every obnoxious brat.
Thought you might like to read more info from the driver’s point of view. It does not make the cops look any better. In fact, it seems that the state police has been dragging their feet in this investigation, perhaps hoping this would all go away? I think not now with the video being released.
“Bootlicking, oh sure. I side against the cops on most of the law enforcement threads here on FR.”
Yes bootlicking. Calling those who think this cops behavior was inappropriate “whiners” does not match with what you just said.
“Here’s a crazy thought: I’d like to see the full un-edited version of the tape. Place your bets that it was edited in Massey’s favor.”
Probably was. Massey did act in a stupid manner. He was probably upset at getting caught in an obvious speed trap. The cops should have diffused the situation. Instead the cop chose to escalate it to a point where the guys life was put at risk.
LEOs are not responsible for individual safety but they are public servants. This cop and many bootlickers on here seem to think citizens are the servants of the cops.
Lessons learned: don’t walk away from him while jamming your hands in your pockets. That’s a guarantee to hit the ground very hard.
All this “brat” learned was: everything he always thought about police officers is true.... they are ignorant, power-hungry, low class peons who should be ignored, and sued.
I don’t believe this, in fact I know it NOT to be true..... but, that sums up what this “brat” will take from this experience. That, and a nice sum of money.
The driver was too determined
Then, I would respectfully submit: YOU should NOT be a cop either. There were better ways to bring this punk down to earth. The cop DOES have the authority of the law behind him. He doesn't HAVE to immediately resort to force.
I know-I rarely post on these type threads because I really know facts, reason and analysis shouldn’t get in the way of good healthy “Jack Booted Revenue collecting out of control militatized, small p***sed power hungry psycho” rant.
Are there problems out there with police? Yup. Is the means to deal with them perfect? Nope. But unlike many believe, it is there, and works as well as many other in Government or private industry.
I don’t necessarily agree with many trends in LE and think those can be rationally discussed. Key word is rationally.
“Thought you might like to read more info from the driver’s point of view. It does not make the cops look any better. In fact, it seems that the state police has been dragging their feet in this investigation, perhaps hoping this would all go away? I think not now with the video being released.”
I thought that was the same story, sorry. Growing up I had a lot of positive contact with cops. My best friends dad was one and is a great guy.
Since becoming an adult I have had limited contact with cops. Most of it negative. Things like taking 2 hours to respond to an active break in of my neighbors house. Another time taking 90 minutes to an attempted break in of my house. The cops in Central FL all seem to think they are better than everyone else. Seems cops are getting that way everywhere. They all want bigger guns, swat teams, armored cars, and so on.
Like most issues, there are extremes on either side. Just as there are bad cops and bootlickers, there are those out there that see cops as target practice.
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