“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.
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.
“The speculation that the officer thought he made it abundantly clear, could also be an excuse on the officer’s side, in court.”
THe FACT that he lied to the other officer will outweigh any excuses.
“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.”
Agreed but he should tell you what he’s doing before tasering you.
“The officer could have handcuffed the wife when she stepped out of the vehicle, for her safety and his own.”
He could have. But it would be further proof of his initial mistakes and inability to manage the situation without using force.