“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?
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.
Where are you getting that???
My opinion is that Massey understood what was meant by the phrase, but had decided to get away from what he considered to be an out-of-control cop.
It's getting tedious having to correct your numerous misstatements on this thread.
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?
On a busy highway, and not having looked back to check for oncoming traffic - absolutely not. Had Massey approached him in a belligerent manner, then the officer would have a case.
However, Massey was walking away when he was tased. The officer was not being threatened. The worst you can credibly say is that his instructions were not being obeyed.
That is not a justification for endangering someone's life.