"We do have an open internal review, or investigation, of the case," Sgt. Jeff Nigbur, a spokesman for the Utah Department of Public Safety, told FOXNews.com. "We're trying to expedite that to get that done as quickly as possible. If the trooper acted inappropriately we will definitely, absolutely, take the appropriate measures to resolve that."
"There was some emotion and ego involved on both sides, not just the Highway Patrol side," Nigbur said. "Obviously, the best place to fight these types of things — and this is once again for both sides — is in court."
The Utah Highway Patrol has a nine-page policy on Taser use, including in instances where "a subject is threatening himself, an officer or another person with physical force, and when other means of controlling the subject are unreasonable or could cause injury to the officer, the subject or others," Nigbur said.
Medical teams are always dispatched to the scene after a Taser has been used, he said.
If Gardner's actions are found to be inappropriate, he could face verbal reprimand, days off with pay or without pay, or termination, Nigbur said.
But currently, he's still on active highway patrol.
"He's not on paid administrative leave," Nigbur said. "He still does work the roads out there."
From your post -
“There was some emotion and ego involved on both sides, not just the Highway Patrol side,” Nigbur said. “Obviously, the best place to fight these types of things — and this is once again for both sides — is in court.”
That requires a lawyer. In effect you have no rights - unless you have money for a good lawyer.