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
Yes, right along a busy highway with both of them facing away from approaching traffic. I'd like to ask again:
1. In your opinion, did the officer have only two reasonable options - tasing or a struggle - when the driver walked away?
2. Does tasing someone along a busy highway put his life at increased risk beyond walking along the highway in full control of his faculties?
What??? You have got to be kidding now, right?? Where did this load of BS come from?
Again.... SO much is wrong with this last post, it’s hard to know where to start.
First off... How do YOU KNOW that this driver exceeded the speed limit? Because this proven liar of an officer says so? What if there IS NO previous sign? Was he clocked on radar exceeding the limit? If so, the officer never says so. Why should the driver “accept the responsibilty for it like a man” if he hasn’t done anything? We don’t know whether he did, or not.
I still contend, that.. Massey was not disrespectful in trying to ask questions about what was going on. This was NOT a long conversation.. Massey was certainly not “ordering the policeman around”... he was just trying to talk to him to understand what he was being accused of. Man.. what a terrible thing, a motorist that wants to talk! Oh, the horror!
I have said NOTHING about taking all tasers or guns away from officers. If you think I am “anti-police”, you are very wrong. I know several personally (including my next door neighbor, and 1st cousin). I am a CONSERVATIVE, and generally supportive of the LEO’s in the world. But.. I also know abuse, arrogance, and sloppy procedure when I see it.
The “four times” Gardner told Massey to “turn around” took less than 3 seconds to take place. Gardner had no intention of waiting for compliance...he was JACKED UP, and determined to taze this guy. period. But again, they NEVER should have gotten to this point.
Actually... I’m done talking about this anymore. There is absolutely NO REASON (other than poor judgement) for Gardner to tell Massey to “hop out of the car”. There was NO CAUSE for an arrest in this case. Anyone who thinks there was... well, they’re just looking for ways to cover for a cop making a VERY POOR decision.
It’s really not debatable. So, I will quit. Have a nice life.
“In your opinion, did the officer have only two reasonable options - tasing or a struggle - when the driver walked away?”
Yes.
“Does tasing someone along a busy highway put his life at increased risk beyond walking along the highway in full control of his faculties?”
Yes.
(Just to minimize branching off, I’ll give you this.)
There is no evidence the officer stated “you are under arrest”.
- - - - - - - - -
Did the officer have reason to believe that the driver was being uncooperative, and resisting arrest?
Is a law enforcement officer required by law to put the life and safety of someone resisting arrest above his own?
That was funny as hell. Thanks.
I’m sorry that you don’t like troopers. That affirmative action hiree that screwed your pal, and the other motorists is a lazy loser, and so is her sergeant. The sergeant should have caught that, and ripped her a new one.
I was not popular with lazy troopers, or sergeants. I tore them new a$$holes when they didn’t do what they were paid to do.
Uncooperative: The officer might have a case, but Massey did follow instructions between being ordered out of the vehicle and when the taser was pulled.
Resisting arrest: No.
Is a law enforcement officer required by law to put the life and safety of someone resisting arrest above his own?
No.
There is no evidence the officer stated "you are under arrest".
What about your claim that the driver said, "No, you're not", when other posters have very clearly stated that they heard "No, I'm not".
It's relevant to your question of Massey's cooperation.
Indeed... I missed this earlier.. but, that’s a belly-laugher... and, may just be the most informative post on this thread. :-)
“Wrong.
Driving is a Right - Not a Privilege.”
I can see why the states say its a privilege. We don’t really want someone driving drunk because its their right. However they have extended this rule to every form of travel.
Driving, riding a bus, and flying are all privileges. If they revoke your privileges because you don’t toe the line then you are stuck walking. Where’s the freedom there?
“What about your claim that the driver said, “No, you’re not”, when other posters have very clearly stated that they heard “No, I’m not”.
I already stated that you and others were right about that.
I believe it was in response to “you’re going to sign this ticket”, and Massey said, “No, I’m not”.
He then followed up with “I’ll tell you what we’re gonna do. We’re gonna go back and ...” (excuse any paraphrasing).
It is one thing to say, “No, I’m not going to sign the ticket.”
It is another when you start giving orders to the police officer.
You suggest that Massey (who, I guess, has never seen TV or MOVIES) did not understand what “Turn around and put your hands behind your back” means.
I suppose the officer, had he said, “you are under arrest”, might have had to get out a dictionary so that Massey could look up the word, arrest.
If the officer had said the ‘arrest’ phrase, if Massey still ignored him, or continued to argue, would the officer have been ‘right’ in tasering him at that point?
“The driver wasn’t threatening the cop as the cop had turned his back on the driver. IMO, when he said “hop out of your car” he had made the decision to tazer the driver. He walked back to the police car and put his clipboard on it. He immediately went for his taser.”
Is it the UHPD policy that when they are placing a suspect under arrest, that they pull out the taser as a precautionary move, regardless to whether they have to use it or not?
You say the cop had made the decision to taser the driver before he pulled the taser, and that is BS. He stated “turn around and put your hands behind your back” TWICE, then “put your hands behind your back” TWICE. I think he gave the driver every chance in the world to cooperate.
Now, the speculation that the driver just is plain stupid, and didn’t understand those words, although unlikely, could be used as an excuse.
The speculation that the officer thought he made it abundantly clear, could also be an excuse on the officer’s side, in court.
I think police use of tasers has sometimes been ‘over the line’.
I think police having tasers as a first resort (prior to drawing a revolver), has probably saved lives.
I think that this driver, even if the excuse is immaturity or stupidity, contributed greatly to escalating the situation.
I think that the officer not plainly stating “you are under arrest” could be used to support Massey’s case.
I DO NOT believe that an officer has to state “you are under arrest” to be able to place you in handcuffs. They don’t even have to be charging you with a violating the law.
The officer could have handcuffed the wife when she stepped out of the vehicle, for her safety and his own.
Ok.. I lied... I guess I'm not done arguing this.. because, I've checked up on UCANSEE, and ISEE, that we generally agree on most things.... so, I'll continue to try to convince him that he's wrong on this one... :-)
The difference is... Gardner KNOWS he doesn't have to obey any order given by Massey. He DOESN'T HAVE TO GO BACK and look for any sign... and, HE knows it. All he has to do is.... Give Massey the ticket, and say 'goodbye"'.
Put yourself in Gardner's shoes... You KNOW... This guy can do NOTHING to prevent you from issuing this ticket.... WHY? Do you feel the need to arrest this guy ??
I mean.. really.. with a 15 month old baby, and 6 month pregnant wife, what threat is this guy to society? In WHAT WAY, is he a threat to the public at large?
The obvious answer is... NONE. So, why do you want to arrest him? Because, he's pissed you off. I'm sorry.... that's just NOT a good enough reason.
The article written by Nathan Gonzalez has the following statement.
"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.
It must have seemed apparent to the reporter that Massey was being 'arrested'.
Actually... I think, I first stated that Gardner had already decided to Tase Massey BEFORE he has put down the clipboard. I say this because... as I watch the tape, Gardner put down the clipboard, and then STARTED REACHING FOR his taser before he he even saw Massey behind him.
After watching the tape a few more times.. ( for like, the 25th or 30th time!) I now think..... Gardner had fully intended to pull his Taser... and, when he did, he was a little bit shocked to see Massey so close to him. I think, this is why Gardner PANICKED... and went into "super-cop" mode. He was unaware that Massey had exited the car (as instructed) and walked so quickly back to show Gardner where the speed limit sign was... When Gardner turned around (with his Taser already pulled) he was frightened by Massey's position, and over-reacted.
That's as generous as I can be to Officer Gardner... and, I still firmly maintain, there was NO REASON to say, "Hop out of the car". That's where it all went bad.
I’ve seen the quoted UTAH code relevant to not signing, and frankly, I just can’t believe it.
If you don’t have to sign the ticket, and aren’t taken to jail, then why do you even have to pull over?
You say (or someone did) that the policecam is evidence.
What if it quit working?
Your signature is in lieu of posting a bond as a promise to appear in court.
If UTAH says you don’t have to sign, then UTAH caused this situation to become a reality.
The officer ‘could’ have just let him go, but he had made up his mind that he was going to take the driver to post bond.
The officer has that ‘choice’ as far as I can tell from the UTAH code, and if the driver appears to be resisting arrest, then the taser is a less life threatening device than a pistol.
You are blaming the officer for not ‘being cooperative’ with the driver, and yet you just don’t see it yet.
After he actually got the driver in cuffs, had he found, say, some crack pipes, or a pipe bomb, or a bag of meth stuffed in between the seats, this all would have been a different story.
Many here seem to paint the driver as a ‘saint of innocence’, and yet, based on his behavior, and the wife’s, I still wonder if the officer didn’t conduct a very thorough search.
But that is just speculation.
For whatever reason, Gardner felt that he should ‘arrest’ this driver and that the driver was resisting arrest.
Based on the ‘officers’ point of view, using the taser was his choice at the time, to subdue the driver while he handcuffed him.
The driver, was CLUELESS, BOSSY, REFUSED TO LISTEN, and none of those excuses are going to hold up well in court.
It would be real interesting if we could have some stats from UTAH stating how many times, when being given a ticket and refusing to sign, did the officer just let the driver ORDER THE OFFICER AROUND, then get in his vehicle, and leave.
Do you have any of those statistics?
“there was NO REASON to say, “Hop out of the car”. That’s where it all went bad.”
The officer had decided to place Massey under arrest (meaning in handcuffs, not necessarily going to jail).
The officer had decided (as he has stated) that the couples behavior was strange. So, the intelligent thing to do was search the vehicle.
Now, how do you search the vehicle, if you don’t have the driver “hop out of the car” and put handcuffs on him and put him in the backseat of the police car so he can’t shoot you while you do so?
Dude... seriously.. what are you smoking? This driver didn’t “ORDER THE OFFICER AROUND, then get in his vehicle and leave”. He, tried to DISCUSS with the officer, the reason why he was being stopped....
He DID NOT get out of the car, until instructed by the officer.
The reason the UTAH code... ( Like most code in the US I imagine). doesn’t require signature is because.... it HARDLY MATTERS... If an officer has given you a speeding ticket, it is virtually impossible to defeat this in court. You, are GOING TO PAY. All the state needs is... your identification. They don’t care, or need you to agree or disagree on the scene. This is about.. generating revenue. (and, oh yes... saving the public from the speeding masses)... It makes NO DIFFERENCE whether the driver signs, or not.... That’s why, the code make it indistinquishable.
Any 14 year vet of the Highway Patrol SURELY knows this.... He just didn’t like Massey.. as, YOU obviously don’t. Hell.. I don’t like him much either.. but, he DIDN’T DESERVE to be arrested.
Oh... now, you're going into an entirely new area.. I feel STRONGLY, that there was NO REASON to search this vehicle. This is another... mostly undiscussed... area where Gardner was completely outside the law. I'm sorry... asking QUESTIONS about why you were pulled over DOES NOT CONSTITUTE probable cause for drug use..
There was ZERO indication that Massey was in possession of drugs, or any illegal substance. This car search was COMPLETELY without merit... and, reason enough for Gardner to be suspended... IMHO
Has Gardner started trying to publicly defend his inexucusably unprofessional actions?? I've not seen this... pray tell... where is it?
It is on the video.
How can he be held responsible for appearing in court if he doesn’t have the ticket stating where and when to appear?
Maybe... this is where our relative experience with "the system" give us different opinions on this incident... Once they have your name, and ID.... You have NO EXCUSE for not appearing in court. You try missing that, and you will have multiple warrants out for your arrest. The SYSTEM is designed to DEMAND compliance... and, the LEAST place where this is important is.... to the cop, on the roadside...
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