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UHP on defense in Taser incident
Salt Lake Tribune ^ | 11/22/2007, 07:56:09 AM MST | Nathan C. Gonzalez

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


TOPICS: News/Current Events; US: Utah
KEYWORDS: banglist; beserkcop; donttazemebro; donutwatch; leo; taser
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To: sobieski

You are right, they are not out betters. As for the actions of Philadelphia criminals being irrelevant to innocent people- The actions of any of us, cops included, hold relevance in how the rest of us operate. Whether the police officer is walking into a donut shop to check on recent burglaries or pulling over someone for speeding, he/she is not blessed with the gift of immediately knowing who is a criminal/natural born killer and who is an innocent/average joe.


301 posted on 11/23/2007 2:17:13 PM PST by new cruelty
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To: ArmstedFragg
Maybe I'm wrong, but I thought the driver was behaving very erratically. It's unusual for a person to start arguing right from the get-go, and it makes the situation a whole lot worse when the wife jumps right in and has a go at him at the same time. If the officer is factually wrong about the 40 MPH zone, that's easy to fight in court (and contrary to a lot of posters here at FR, traffic court is amateur night, you don't need a lawyer; the court rules are greatly relaxed as long as you're not acting like a dork and waiting your turn to speak).

Here's what I noticed about the driver that would've raised big flags:

Both of these people didn't seem sober to me, and the driver tried to flee the scene.
302 posted on 11/23/2007 2:35:00 PM PST by Excuse_My_Bellicosity (Oh, the huge manatee!!!)
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To: A_Tradition_Continues
In the video, Gardner repeatedly states he tasered Massey because the man failed to comply with his instructions and demands

I thought the things were to be used when there was a threat to the officer or others. I guess they also use them when the citizen peon fails to show the proper respect to "The Law".

303 posted on 11/23/2007 2:36:05 PM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: rawhide

Thank you for that information.


304 posted on 11/23/2007 2:40:41 PM PST by UCANSEE2 (- Attention all planets of the solar Federation--Secret plan codeword: Banana)
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To: AppyPappy

“Was he refusing to sign a ticket or resisting arrest?”

The officer told him to turn around and put his hands behind his back.

He refused, and started walking back towards his vehicle.

That is when the officer fired the taser at him.


305 posted on 11/23/2007 2:43:17 PM PST by UCANSEE2 (- Attention all planets of the solar Federation--Secret plan codeword: Banana)
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To: commonguymd

“OR arrest him if he sees fit. The officer did neither.”

So, what you do think the “turn around, put your hands behind your back” meant?

That the officer wanted to play pattycake?


306 posted on 11/23/2007 2:45:56 PM PST by UCANSEE2 (- Attention all planets of the solar Federation--Secret plan codeword: Banana)
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To: sobieski

Well, the driver was not smart enough nor man enough to accept responsibility for his own actions, for violating the posted speed limit, and tried to lie his way out of it.

So, yes. I still think he would flee the scene of an accident, if he thought he could get away with it.


307 posted on 11/23/2007 2:47:48 PM PST by UCANSEE2 (- Attention all planets of the solar Federation--Secret plan codeword: Banana)
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To: UCANSEE2

Look, your junvenile defense of the indefensible is not commendable. You oughta read the law and quit with the stupid hypotheticals - the law clearly states the rules the officer should have abided by. Saying put your hands behind your back is not clearly stating that one is under arrest under what authority for what you are being arrested for. Not only will all charges be dropped, but the Utah state police are being embarrassed by one rogue.

There are some here that are doing a good job of defending the horrid actions of this particular officer but you are doing him no favors. He will be fired, or severely reprimanded and one less rogue will be on the Utah citizen’s payroll as a public servent. The injustice to a civilian will cost the taxpayers. I am a taxpayer and I don’t like my employees costing me money by not following the rules and regulations. If you can’t handle the job then do something else. In this case, the bad employee will most likely be finding another line of work.

I can help him right now. He needs to start practicing “can I take your order please?”


308 posted on 11/23/2007 2:56:52 PM PST by commonguymd (Move it to the right)
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To: Excuse_My_Bellicosity

Your list of reasons for the officer to suspect something more than a normal traffic stop puts this in perspective for me (and I hope alot of others on FR).

Just one or two of those stupid things you listed that the guy did wouldn’t amount to much by themselves but the sheer number of them all together make for some valid reasons for the officer to be on guard.

Having said that, I disagree with the ones on FR who say the driver deserved to be tazed simply because of his attitude.

His actions (and that of his wife) are the important thing to consider here, and based on those it becomes much more imperative for a lone officer to be on guard in a strange situation like that.


309 posted on 11/23/2007 2:57:40 PM PST by webstersII
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To: sobieski
i guarantee you more people die at the hands of billy-club like weapons than tasers. tasers are used dozens and dozens of times each day. it is VERY rare they result in death and it is usually due to other factors that contribute to death.

but your terminology makes me know that my words are wasted on you. have a nice day.

310 posted on 11/23/2007 2:59:11 PM PST by thefactor
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To: UCANSEE2

There you go again being hypothetical. The posted speed limit was 65 with a 40 MPH zone approaching as the officer pulled over. We don’t know the facts before the 40MPH zoned sign. For all we know that was the speed limit from that point forward and there was no clocked speed.

Ticket will be thrown out nonetheless. These armed highway robbers are being taken to task - rightfully so.


311 posted on 11/23/2007 3:00:08 PM PST by commonguymd (Move it to the right)
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To: El Gato

After the driver was told he was under arrest, the driver escalated by walking away and putting his hands in his pockets after being told to put his hands behind his back.

The prisoner was not secured and it was a very dangerous moment in an arrest. When his wife exited the vehicle and posed an unknown second threat, that delayed the cuffing process even more. There is no such thing as a routine traffic stop, only an unknown risk stop. After disregarding the order to put your hands behind your back and putting your hands in your pockets is a frisk factor in any case.

The guy wasn’t tazed for being a jerk, he was tazed because it was the least use of force reasonable for the arrest situation. I would not want to be in either a knock-down drag-out fight in a roadway. He was headed back to the driver’s seat and the suspect getting back into the vehicle after ALL the strange behavior from the suspect is not acceptable. If he chose to take off and endangered everyone in a chase, he would endanger his pregnant wife and everyone on the roadway.

I’ve seen tapes where the driver is trying to comply and the officer is clearly in the wrong. Second guessing the officer on his successful tactics resulting a no real injury arrest, is tough.

The tazer had no noticeable after effect on the suspect. He was still demanding his Miranda Rights. He should have invoked his rights and remained silent. He might have at chance at some money then.

DK


312 posted on 11/23/2007 3:12:55 PM PST by Dark Knight
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To: driftdiver
“Would we be better served if there were no police?”

Did I say that? No, you are projecting.

No, you didn't say that. I was just thinking what it would be like if most or all cops chose to quit at once. Unfortunately some people become cops for the perceived power they gain over the citizenry. But there are others that are cops because of some sense of civic duty. They could quit, but they choose to continue. I have a lot of respect for that kind of person.

Dinner bell just rang. Thank you for bearing with me. :)

313 posted on 11/23/2007 3:14:01 PM PST by new cruelty
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To: Dark Knight

Police can’t arbitrarily place somebody under arrest. The officer was unable to explain to either the guy or his wife precisely what he was arresting him for or why he was tazed.

Also, don’t call him a “prisoner.” He was a motorist who didn’t agree with the speeding ticket. I’ve argued with cops over speeding tickets when I’ve been right and apologized when I’ve been wrong. I’ve never seen a cop act like this. If the cop sees this situation, as you do, as “ALL the strange behavior” then this must’ve been his first traffic stop. The guy was not fleeing the scene simply because he took a few steps away from the officer. I would contend he was walking away from the officer rather than towards his vehicle.

This guy will get his money. You can mark my words there. This cop is a trigger-happy jackass and we’re actually lucky this was a traffic incident rather than a real situation. This yahoo seems to be exactly the type that would unload two clips into an angry motorist. That’s the stuff that causes tons of negative publicity for a group of people who by and large are great and honorable people. Police officers have thankless jobs for the most part, and this idiot does them a huge disservice by acting like this. Police don’t have the money to be covering for stunts like this, and the Utah Highway Patrol is surely no exception.


314 posted on 11/23/2007 3:45:20 PM PST by flintsilver7
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To: Excuse_My_Bellicosity

Yeah, I’d have had alarm bells going off from the moment he refused to produce his license. It’ll be interesting to see what the attention he’s invited to himself produces in the way of information.


315 posted on 11/23/2007 3:48:18 PM PST by ArmstedFragg
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To: new cruelty

“I was just thinking what it would be like if most or all cops chose to quit at once. Unfortunately some people become cops for the perceived power they gain over the citizenry.”

Mostly because that is the way law enforcement agencies are recruiting. They recruit people directly from the military and military wanna-bees who apply military solutions to non-military problems.

“But there are others that are cops because of some sense of civic duty. They could quit, but they choose to continue.”

True and we should be thankful they are out there. I haven’t met many of these lately. Perhaps thats just the training showing through and not the person.

“Dinner bell just rang. Thank you for bearing with me. :)”

Have a good evening and thanks for the rational discourse.


316 posted on 11/23/2007 3:51:31 PM PST by driftdiver
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To: Dark Knight
it was the least use of force reasonable for the arrest situation

I think I'd go with 'lowest risk use of force', rather than 'least use'. 'Firm grip' would have been lower on the force continuum, but the consequence of trying it could have ultimately involved a greater risk of injury to either or both of them if it resulted in the guy deciding to duke it out.

317 posted on 11/23/2007 3:58:36 PM PST by ArmstedFragg
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To: Dark Knight
If he chose to take off and endangered everyone in a chase, he would endanger his pregnant wife and everyone on the roadway.

Whereupon everyone injured would have sued the state for allowing it to happen.

318 posted on 11/23/2007 4:00:44 PM PST by ArmstedFragg
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To: Excuse_My_Bellicosity
You'd think she'd be exhibiting a little fear at this point, but she's absolutely raging

Man... I just don't get how the two of us can watch the same video, and come to such different conclusions. I went back and watched it YET AGAIN after reading your post.. ALL I hear from the wife is ABJECT FEAR and PANIC. The kind made worse by hormones during pregancy.

For all you cops posting about this.. Here's the BOTTOM LINE>>

We the people, DO NOT EXPECT TO GET TASERED when stopped for a speeding ticket.

Nothing this clown could do or say could stop the ticket from being issued. Send him on his way, let him argue it out it court.

I am still simply amazed that anyone sees this film and wants to defend the officer. wow... The cop HAD TO ASK TWICE for a license! Man! When has THAT ever happened??

Forget the taser... There was NO REASON to arrest this guy. None. THAT was just a cop being a A-hole.. because he could. He doesn't want to sign the ticket? Fine.. don't sign. There's another charge to file against him... in court!

But no... Barney was PO'd. Time to show this idiot who's boss. Well.. who's laughing now, Barney??

I stick to my first prediction about this... it will continue to gain traction and draw attention.. and people will NOT be happy about this.

319 posted on 11/23/2007 7:44:29 PM PST by SomeCallMeTim
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To: UCANSEE2

Here is a transcript of the important part of the exchange.. ( I clipped from another thread)

Massey: No, I’m not. I’m not signing anything.

Gardner: Okay, hop out of the car.

Gardner then turns his back to the driver and walks back to set his clipboard down on the bumper of his car. As he’s doing this, Massey gets out of the car and approaches the police cruiser. As he does, he is pointing down in the direction he just came from. He is saying something unintelligible, but most likely about the speed limit sign. The officer acts as if he’s surprised to see the guy out of his vehicle, even though he just told him to ‘hop out of the car’.

Gardner: Turn around, put your hands behind your back. (by the time he gets to the word “hands” THE VERY FIRST TIME he’s already got his own hand on his taser and is pulling it from its holster)

Massey: ...continues to say something about the speed limit sign...

Gardner: Turn around, put your hands behind your back. NOW.

Massey: What the hell is wrong with you

At this point Massey TURNS AROUND and begins walking slowly toward his vehicle. It is clear from watching the tape that he had no idea why this cop was pulling a gun on him, and if you watch the CNN interview you’ll see that he does say he thought it was a real gun. He had a natural reaction which was to turn his back to the danger and attempt to distance himself from it.

Gardner: Turn around. Turn around. (Again, it’s not clear what the officer is asking him to do. Massey has already TURNED AROUND and is facing in the opposite direction from where he was the first time this directive was issued.)

Massey: What the heck’s wrong with you?

At this point, Gardner fires the taser.

That’s everything up to the point of the taser. Despite what some are saying about editing of the video, none of this portion of the video is edited.

So... UCANSEE2, I’m sorry.. but again.. you’re just wrong. The officer did NOT say, “I am placing you under arrest”. If only he HAD said that.... things might have been very different. It seems like you are projecting things that you THINK should be there.. but, aren’t.


320 posted on 11/23/2007 8:29:53 PM PST by SomeCallMeTim
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