"There is no legal nor factual justification for what the trooper did," he said. "Asking a cop questions and being upset that you have been stopped for speeding is not justification for the use of such force."

Barnard did not believe the driver was "out of control." Furthermore, the trooper still had control of the situation before pulling out his Taser, Barnard said.

"The flippant comments confirm the trooper's malice and clear intention to harm the speeder rather than to control a situation," he said. "A person who abuses his power, acts so unprofessional and then jokes about it, should not be in law enforcement."

Barnard further criticized what he called the trooper's use of excessive force by saying, "It appears that the Taser was a new 'toy' that the trooper could not wait to use on someone."

Roden said an investigation into the trooper's conduct is being expedited. Officials hope to have it completed by early next week, he said.

The trooper involved in the incident is a 14-year veteran, Roden said, who remains on duty.

The UHP has a policy for when Tasers can be deployed. Those situations include if a person is threatening himself or others, if other means of control have proved insufficient and if the use of more force would endanger more people.

Massey is fighting the speeding citation and has a trial set for Jan. 12 in Uintah County Justice Court.

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E-mail: preavy@desnews.com; geoff@desnews.com