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
Thank you for your response, and for providing an intelligent question.
“Why did the cop escalate the situation by asking the driver to abondon his wife and child on the side of the road, for a civil citation?”
The cop did not escalate the situation and ask the driver to abandon his wife (what child?).
The cop wrote out the citation, and asked the driver “POLITELY”, to sign the citation. The driver REFUSED.
WHY?
Do you know what happens if you REFUSE to sign a ticket?
The officer then told the driver to get out of the car. The driver, so ‘concerned’ about his wife, walked AWAY from his own vehicle, past the officer, and towards the police cruiser (which contains a sawed off shotgun ).
The DRIVER abandoned his wife, in order to try and WHINE his way out of a ticket.
I will ask you now. Are you 12, 13? The full video omits the trooper writing the ticket and if you think otherwise or know otherwise you lie. I read the article(S) and I have watched the video as posted on the morning news shows and youtube. The officer, the employee of the citizens of Utah, needs to be fired, period. He is making all officers look bad.
I am against militarization of our police force period, and between the stories of tazing people to death, this story, and SWAT teams busting into wrong addresses killing dogs and other assorted pets, I am frankly fed up and fed up with 12 year olds and those like you jumping up and defending the indefensible while the government chips away at our rights.
Keep standing there and hail your gestapo heros. I will be fighting for freedom from tinpot armed highway robbers that like to taz for fun.
Good riddance to this rogue cop if he gets his.
“which has been delegated authority by God and affirmed by our society.”
HUH?! Our government gets its power from the people. People get it from God. Key word for this situation is ‘people’.
“Of course, the anarchists among us can argue against authority all you want. Your rebellion does not negate legitimate authority....”
A uniform and black boots do not equate legitimacy. Again, the power is with the people. If the people choose the the ‘authority’ will cease to exist. Hopefully this should be done through non-violent means.
First, I asked you some questions, which you have refused to answer.
Your sole defense is to argue that the full video omits the trooper writing the ticket.
Do you not understand the English language yet? Do you not understand what you wrote?
Let’s say that you do. Then how does an omission of the actual ‘writing’ of the citation benefit your side of the argument?
You spout off, making pontifications such as ....
“The officer, the employee of the citizens of Utah, needs to be fired, period. He is making all officers look bad.”
It is your opinion that he ‘needs to be fired, period.’
Funny, yet ironic. You seem to think the officer deserves no trial, no fair and impartial judgment, YET, the WHINY LITTLE B*TCH the was driving the vehicle gets his day in court, and is USING YOUTUBE and gullible, snot-nosed, immature, wanna-be anarchists, (only include yourself in this category if the shoe fits you) to help him get out of a ticket that he deserved.
Had he SIGNED the citation, none of this would have happened.
What if he was a METH ADDICT and had a gun in his pocket?
What if he had run over a construction worker?
You did see that it was a CONSTRUCTION ZONE, did you not?
The speed limit was 40MPH for a very good reason, and this driver ADMITTED doing 68mph. That is 28 mph over. That is sufficient, in itself, for being taken under ARREST and to JAIL, did you know that?
All he had to do was SIGN the ticket, and be on his merry way?
WHY didn’t he do so? Please, answer that.
The 15 month old, in the back in a car seat. It can clearly be heard crying near the end of the tape. Somehow, I doubt this EXCELLENT example of on officer even noticed it.
The driver REFUSED. WHY?
Because he didn't believe he was speeding. The driver admitted only to driving 68 in the 65 zone. He didn't believe he had yet entered the 40 MPH zone and wanted to explain this to the officer... who had NO intention of hearing any explanation. The driver also wanted to know how fast the officer clocked him... in the 40 MPH zone. The officer never answered his question.
Do you know what happens if you REFUSE to sign a ticket?
No... I didn't. And, I suspect this Massey guy didn't know either. I would NOT have suspected that I would end up being arrested and certainly not tasered. This is a CIVIL offense.
and towards the police cruiser (which contains a sawed off shotgun )
Oh... puh-lease... the guy was POINTING at the highway sign, not going for a shotgun. This is a highway, in Utah, with a mild-mannered guy in an SUV with his wife and baby. The cop SHOULD have recognized the threat level and acted accordingly.
I must tell you... I've watched this tape several times now.. yesterday, and today. And, I really can't believe you are defending this cop when he is so clearly out of control of this situation. Even the second cop seemed to be having trouble understanding why a taser was neccessary in such a non-threatening situation.
Notice... the offending officer had to lie in his explanation to his fellow officer... to make his own actions seem legit. He already KNEW his actions were unjustified.
He knew... and yet, YOU want to continue defending him... very strange.
“We’ve delegated authority to LEOs. They have authority, legitimately.”
Doesn’t mean anything LEO’s choose to do is legitimate.
Why do you keep claiming things that aren't there? I say a "Loose Gravel" sign.... and then a "Speed Limit" sign. There are NO APPARENT road workers in the area. Nothing, but wide open land.
“He knew... and yet, YOU want to continue defending him... very strange.”
Cops will go to great lengths to protect each other. Many times this is good as their lives can depend on their fellow cops. Often enough they ignore minor and major crimes committed by fellow officers.
Because by law he doesn’t have to sign it dingdong. I know you are out of school yesterday and today and perhaps you stayed at an Holiday Express Inn but by law he doesn’t need to sign it. The officer then has the option of putting refused to sign on the ticket or arrest him. Neither of which he did. That is why he will lose his job or be severely reprimanded. You can defend it all you like. His actions were a poor representation of law enforcement and I thank the Lord that we have dash cams out there now to record not only citizen behavior that is beyond reproach but rogue officers not doing what is policy or procedure.
I hope the father of two with a third on the way gets a nice payday. Maybe then the citizens will start to rise up against these tinpot armed highway robbers that find tazing someone “fun”.
I can't say, for sure, what was in the driver's mind... but, I think he believed that, by signing the ticket, he was admitting guilt. And, he didn't want to admit guilt.
Based on the timing of when they passed the Speed Limit sign, and when the stop was made... I'd say it WAS unlikely that he was speeding when he passed THAT sign. It sounded like the officer said there was ANOTHER sign... further back. Perhaps the driver didn't see or know about that sign.
Had these two engaged in anything like communication, perhaps this could have been explained. Had the driver KNOWN that signing was NOT an admission of guilt.. maybe, he would have signed. We'll never know. Because, this cop was not going to take ANY guff.... He was taking him to jail. WHY?? Why was he is such a hurry to take this man, who is so obviously NOT a threat... to jail? YOU answer that one.
No. But meeting ego with ego results in a bad ending.
This Officer was challenged and was going to 'win' the confrontation. He overreacted to the driver's attitude from the get-go.
Somebody could have been a grown-up there. The Officer should be expected to default to that in a pissing match.
Yea... that's human nature, to a point. Still the second officer looked to me to be troubled by the situation. He said "Good for you"... after the guy had fed him a line of crap about how the driver was "jumping around..." and " I warned him... STOP! or I'll tase you". Both.. complete lies.
Still though... to me, the other officer looked like... what the hell??
It’s funny that smashing the guy’s head on the ground causes less public uproar than a tazer jolt. Cops take note. Chuck the tazers and order new billy-clubs. Sounds good to me.
People who have been given the authority to lock you up and use weapons on you should put up with a little attitude. There’s a lot of public who have attitude. That’s not one of the guidelines for using a taser.
“He said “Good for you”... after the guy had fed him a line of crap about how the driver was “jumping around...” and “ I warned him... STOP! or I’ll tase you”. Both.. complete lies.”
The fact that he lied pretty much says it all to me.
Meanwhile the jails are overflowing and we have early releases for pedophiles, murderers, rapists, and drug dealers.
Brilliant move by the trooper. Simply brilliant.
Yes.. I noticed how his head got smashed... That was a little frightening.. But, again.... I think it was a move appropriate to potential threat level. He did have his hands in his pockets, and COULD have been a threat.
That place, in Vegas... at night, is habitated by some strange people... often homeless, or drugged out. This cop assessed the situation, made clear reasonable request.... and then took action.
That’s far different from a sissy-man with a sassy mouth in an SUV with his wife and baby. There was no reasonable threat here... just a Barney Fife with a bad attitude.
In a lot of these kinds of situations, if you can get the guy away from the woman he's showing off for, get him in cuffs, and give him a chance to calm down, he'll finally come to the conclusions that the rules also apply to him, and agree to sign the cite. I'd say it happens more than half the time in the multitude of similar events I've been present at. If you can't get him into cuffs, though, all bets are off. I've seen guys behaving exactly the same way who suddenly attacked, I've seen them run off, I've seen them pull out knives. You really don't know whether all the confrontational chatter is an attempt to distract you or not. This guy has been on the HP for 14 years, so I'm almost certain he's seen a whole lot of these kinds of situations and knows that if he loses control, everybody's likely to get hurt.
Actually... I have not said the cop should be fired. I'm willing to give him the benefit of the doubt that he was just having a bad day. I would want a review of his record and previous performance.
Personally... I don't see this incident as a firable offense. But... if this is a pattern of behavior, then yea... he should find another way to make a living. I would think 3 days off, w/o pay... and some situational counseling would be enough.
But, first... I'd like a sign that this guy... and the other cops on here... recognize that this guy's actions were "over the top."
“Because he didn’t believe he was speeding.”
Boy, that’s a good excuse. I’ll have to remember that. I’m sure the officer never heard that one before.
The driver ‘claims’ he didn’t see the 40mph sign.
I guess he didn’t notice the CONSTRUCTION ZONE signs, or the barricaded lane, or much of anything else about the road he was driving on either. Kinda makes him seem like a very unsafe driver.
Why did the officer have to ask TWICE for LICENSE and REGISTRATION? Again, would that be because “he didn’t do anything wrong?
If you do not know what happens if you refuse to sign a traffic citation for a moving violation, perhaps you should consider these options. Turn in your driver’s license or educate yourself before you are asked to sign such a ticket.
All ‘escalation’ in this situation was caused by the DRIVER, and not the officer.
Somehow, this driver thought himself above the law, and that he did not have to cooperate, and was trying everything to get out of the ticket.
Just because he ‘claimed’ he didn’t see the 40mph sign does not he was not guilty of violating the posted speed limit.
If the police just skipped giving out speeding tickets because drivers claimed they didn’t “SEE” the speed limit sign, there would not be any tickets ever given out again.
“The cop SHOULD have recognized the threat level and acted accordingly.”
Fairly easy to be an armchair quarterback, sitting in the safety of your home, never having had to confront ‘nervous-twitchy’ drivers who refuse to cooperate.
Do you know if the officer may have had similar experiences where the ‘driver’ turned out to be on drugs, carrying weapons, using a ‘wife’ and child as cover?
No, you don’t. Do you know there are people that ferry drugs and stash them in the baby seat or diaper bag, figuring the cops won’t look there?
Sure, we all seem to know NOW that the driver was a ‘nice’ young white man from UTAH who didn’t (as of this post), appear to have any drugs or weapons in his vehicle, because hindsight is always 20/20.
Being there at the time, and having to make instant decisions that could cost you your life if you don’t ‘play it safe’, is a different thing.
You call the cop ‘out of control’. Funny, I didn’t really hear him yelling. I didn’t see him jump on the driver’s back, or stand on his head, or kick him.
I just don’t see where you get this OUT OF CONTROL bit.
If the cops didn’t have the TASER, just what do you think would have happened in a situation where the driver, after refusing to sign, refusing to turn around, and then put’s his hands in his pockets????
The officer would have had to resort to some type of physical contact, or use a billy-club, or unholster his gun.
Words only go so far, and when you are doing your job, and you are dealing with UNKNOWN strangers who refuse to follow your instructions and let them be going on their way with a simple ticket, JUST WHAT WOULD YOU DO?
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