From Deseret News archives:
Trooper cleared: State says Taser use justified, but other agencies to review traffic stop
The Utah Department of Public Safety announced the results of its initial probe into trooper Jon Gardner's use of a Taser on Jared Massey. A 10-minute clip posted online has been viewed more than 1 million times, and Gardner has been placed on paid administrative leave primarily to protect him because of death threats he has received from angry Internet commentators.
"We found that trooper Gardner's actions were lawful and reasonable under the circumstances," UHP Col. Lance Davenport said Friday.
The Utah Attorney General's Office has been asked to conduct an independent probe to see if any criminal violations occurred. The Utah Peace Officer Standards and Training Council may also become involved. DPS has also ordered a review of its Taser-use policy.
Massey told the Deseret Morning News on Friday night that he has mixed emotions about the results of the investigation.
"I don't feel the use of the Taser was justified because I feel the police officer is the one who is the professional and escalated this situation to where he had to use it," he said. "However, I appreciate that they investigated it."
Massey spoke with DPS Commissioner Scott Duncan on Friday to learn the results of the probe. He said he was grateful other agencies will investigate the traffic stop.
"Based on our review to this point, there are three main issues we are addressing," Davenport said. "First, a communication breakdown between trooper Jon Gardner and Mr. Massey. Second, a delay in the investigative process of this incident. Third, the use of the Taser."
On Sept. 14, Massey was pulled over on U.S. 40 near Vernal and cited with speeding. He refused to sign a citation and argued with the trooper, who ordered him out of his car.
As Massey walked toward a speed-limit sign and then back to his SUV, Gardner pulled his Taser and ordered the man to put his hands behind his back. Massey's hand is seen fidgeting around his pocket.
"What the heck's wrong with you?" Massey asks as Gardner fired the Taser into his back, causing him to stiffen, scream and fall backward. Gardner fired the Taser at Massey a second time as the 28-year-old man refused to comply with orders once on the ground, the UHP said.
"Officers are often forced to make split-second decisions or judgments in circumstances that are tense, uncertain or rapidly evolving," Davenport said, adding that Gardner did not know if Massey had a weapon.
But in justifying Gardner's use of the Taser, DPS officials said there were other problems.
