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 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.”
This cop had lost control; control of himself. His use of the taser was a band aid for his ego. I’m guessing it was because he made a bad stop (speed trap) and realized this guy wasn’t gonna just accept the ticket.
Were there construction workers present at the time?
“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?”
I’d stop shouting for one.
Here's the problem: the guys who really could shoot you at any moment don't wear signs around their necks. The look just like everybody else. So, behavior is the only thing you can make a decision on. Anybody who's been on the force 14 years has seen guys who were acting just like this guy who suddenly attacked, ran, drove off, or pulled a weapon. So, sometimes, what appears to be paranoia is just hard-earned experience.
Wow.. you’ve said SO MANY wrong things here.. I don’t know where to start.
I guess... with the last point: Would I let an UNKNOWN stranger who wouldn’t follow order go on his way with just a ticket??
Uh... Yes. This guy was NOT unknown.. he did give his license and registration. He was now KNOWN to the officer, and the system. All he had done, was supposedly violate a speed limit sign. Yea... I’d say, letting him go along on his way, with JUST A TICKET would have exactly the appropriate response.
Using that word on these threads is a lot like making the sign of the cross in front of a vampire.
the cop tells the guy to stop and the guy walks away. more than that, the guys hands go towards his pockets which is bad.
i think the cop should have explained what was happening better. and even pulling the taser may have been premature. but these guys work alone and i won't second guess. i would assume that the officer's actions were proper by the letter of his depts procedures. he was not being complied with and this guy was moving in a furtive manner.
How can you say you didn’t hear the cop yelling? Are you kidding me? The COP was the ONLY one yelling.
This was a ROUTINE traffic stop... no way the cop should have let it escalate like it did. He was NOT in control of the situation.
It all started going south when the cop decided to arrest the guy for not signing the ticket. It was a choice... a legal one.. but a dumb one. One, based solely on EGO.
Scrambled the tape?? How?
Do you suppose he’s aware that by making that claim he’s admitting his lawyer was involved in his decision to post the video on YouTube?
Here's a couple more things you've got wrong. The driver said he DID see the Loose Gravel sign... and the 40 MPH speed limit sign. He SAID he was slowing down.. and didn't think he was still going 68 when he reached the speed limit sign.
And.. where are you getting the Construction ZOne sign or barricade lane? It's not apparent on the video.
As for not knowing about what happens if I don't sign a ticket... Guess I'm just stupid. But, I haven't received a ticket in about 15 years... and I've never considered not signing one. So.. why would I know?
I do know this: This guy DID NOT want to be arrested. Had the officer explained fully that this is what COULD happen..... this story would have ended differently, and we would all know nothing about it.
“Anybody who’s been on the force 14 years has seen guys who were acting just like this guy who suddenly attacked, ran, drove off, or pulled a weapon. So, sometimes, what appears to be paranoia is just hard-earned experience.”
Or it could be paranoia based on improper training. Today’s LEO are trained to treat everyone like a criminal. Trained with military weapons and tactics. SO, when all you have is a hammer everything looks like a nail. As a result they resort to excessive force with frequent regularity.
“why would he be read his miranda rights? there was no basis for miranda here. this guy watches too much TV.”
Because he was being arrested.
“Do you suppose he’s aware that by making that claim he’s admitting his lawyer was involved in his decision to post the video on YouTube?”
So? He obtained it through legal means and it is public information.
Here's yet another thing you've got wrong. There are TWO clear points of escalation in this situation:
1) When the officer decides to arrest the driver and tells him to get out of the car, and
2) When the office draws his weapon and assumes an agressive tone and posture.
Both of these actions were done by the OFFICER based on HIS decisions. There were other actions that could have been taken: like
a) Let the driver go with a ticket and a notation of Refusal to Sign, and
b) A verbal warning to comply, or be arrested.
The driver did not even know he was being arrested at the time the officer drew his weapon. The officer did not use the one weapon he needed: a threat to arrest.
miranda means arrest AND interrogation. he was not being asked questions as to whether or not an infraction was committed. the officer observed it!
i have arrested a decent number of people and have NEVER uttered miranda in my life. that is for detectives who have arrested someone on probable cause and who are about to ask specific, pointed questions as to the commission of the crime. THAT is when miranda is needed. not here. hollywood did this guy a disservice.
“miranda means arrest AND interrogation. he was not being asked questions as to whether or not an infraction was committed. the officer observed it!”
Wrong - to the common person they think they get the miranda when they are arrested. He was asking for it because he was being arrested. He had already admitted to his speed thereby giving up his 5th amendment.
“i have arrested a decent number of people and have NEVER uttered miranda in my life”
I can believe it. How many of them did you beat up for dissing you?
“hollywood did this guy a disservice.”
SO? What does that have to do with anything. You insulted this guy because he was asking for his miranda. All the officer had to do was explain the situation to him. But he couldnt even do that. His ego was too big and too out of control.
“So?”
So... it makes clear he posted it in an effort to improve his legal situation. Gotta follow the money here.
Yessir
They hiss and scream about as rationally
thefactor attempted to explain to you how Miranda warnings work, facts you apparently didn’t know, and you responded by accusing him of assulting arrestees. That’s not the sort of rhetoric that people interested in having a factual discussion of the issues engage in.
There are still a few more errors in your last post.. and, I’d love to stay here and point a few more out... But, my wife INSISTS that I get off my butt and hang Christmas lights.
It seems rather obvious that we are not going to reach agreement on this. And, it’s obvious that there are a few officers on this thread that see the situation a little differently than most of us.
I will end, for now.. by saying, once again... I have a GREAT DEAL of respect for MOST police officers. It’s a tough job, and one that usually gets little respect. I’m very willing (as in the Vegas video) to give an officer the benefit of the doubt. But, in this case... I still do NOT see it.
What I see.. is an example of the worst kind of police officer... the kind I HAVE seen before.... who is more concerned about his OWN power and EGO than he is in protecting the public.
As a regular citizen: I’m not sure what disturbs me more... this moron’s actions, or the fact that other officers still want to defend him. Frankly, it makes me a little nervous to get on the highway.
BTW>> Just a few minutes ago... I showed the video to my neighbor (a Police Detective with 18 years experience on the force, including 10 years on patrol). It was enlightening to see his reaction as the video progressed. When the officer ordered the guy out of the car, my neighbor groaned... and said... “Oh no... this is going to go badly”. When it was over, he said: “Damn shame... didn’t have to go this way. Cops like that make my job harder.”
Yea... that’s just what I was thinking.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.