Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: UCANSEE2; RightFighter; Sue Perkick; SomeCallMeTim
UCANSEE2: Correction: Massey says, "Second of all, were gonna go back and look at that sign...."

Considering your track record on this thread, I would like other opinions on what Massey actually said.

511 posted on 11/30/2007 7:31:56 PM PST by Ken H
[ Post Reply | Private Reply | To 507 | View Replies ]


To: Ken H

Gardner: Okay, I’ll be right with you. (walks back to car and fills out ticket, then returns to car)

Gardner: (unintelligible, but something like “Okay, I am giving you a ticket”)

Massey: (unintelligible comment)

Gardner: No, what you’re gonna do...

Massey: If you’re giving me a ticket, first of all, you’re gonna tell me why...

Gardner: For speeding

Massey: ...and second of all we’re gonna go look where the 40 mile an hour sign is.

Gardner: Well, you’re gonna sign this first.

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

Gardner: Okay, hop out of the car.

The rest has been transcribed before. The mistake that the officer made here was that he just simply didn’t communicate properly with the driver. When Massey said “and second of all we’re gonna go look where that 40 mile an hour sign is”, Gardner should have said “Sir, you are welcome to go back and look and take all the pictures you want to use in court, but you are required by law to sign this ticket, which is not an admission of guilt on your part, and if you refuse to do so I will arrest you.” He didn’t say that or anything even remotely close to it.

Instead, Gardner’s answer was “Well, you’re gonna sign this first.” The clear implication from that statement is that if Massey will just sign the ticket first, then the officer will go back and look at the 40 mile an hour sign with him. That’s the impression he gave to Massey with that comment. When Massey refused to sign, the officer said “Okay. Hop out of the car.” Now, in Massey’s mind, what did that directive mean? Did it mean “You are under arrest”, or did it mean “Okay, hop out of the car so we can go look at that sign as you’ve just told me we are going to do before you sign the ticket”???

When you understand that it is entirely reasonable that Massey thought the officer was acquiescing to his demand to examine the sign together, you can understand why, when Massey got out of his vehicle, he thought he was going back to look at the 40 mile an hour sign with the officer. That’s why he gets out of his vehicle and proceeds to begin walking back in the direction of the sign, while pointing at the sign and saying something to Gardner about the sign. Imagine his surprise (his horror, actually) to see Gardner immediately pull a gun on him (he thought it was a gun, not a taser). It’s easy to see why Massey was shocked and didn’t understand what was going on from that point forward.

Massey’s actions from the moment the taser was pulled can all be understood if one is willing to consider Massey’s state of mind at the time of the incident.


515 posted on 12/01/2007 4:14:07 AM PST by RightFighter
[ Post Reply | Private Reply | To 511 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson