From Deseret News archives:

Trooper cleared: State says Taser use justified, but other agencies to review traffic stop

Published: Saturday, Dec. 1, 2007 12:08 a.m. MST
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"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.

"There was a lack of communication on the part of the trooper," Davenport said.

The UHP concedes that Gardner had options that could have de-escalated the situation. He could have written "refused to sign" on the ticket, handed it to Massey, and let the courts handle it. Instead, he arrested Massey.

After the Tasering, when a backup officer arrived and asked what happened, Gardner replied: "Oh, he took a ride with the Taser."

"That comment was inappropriate," Davenport said Friday.

The dash-cam video of the traffic stop was posted on YouTube by Massey, who complained UHP took too long to respond to his complaint. That's because he never filed one, DPS officials said Friday. It did come to the attention of DPS brass when it became a hit on YouTube.

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Massey was also scheduled to meet with internal affairs investigators Wednesday but was unable to do so because his attorney was out of town. Investigators also questioned Gardner, who admitted in hindsight that he had other options but was fearful of his safety at the time.

"The Taser was used because Mr. Massey did some things that indicated to the trooper that there may be a danger out there," DPS Commissioner Scott Duncan said.

On the Internet, the 10-minute clip has taken on a life of its own. Thousands of people have commented on the merits of the traffic stop, mostly raging against Gardner. The UHP has also received thousands of phone calls and e-mails.

"We have heard from hundreds of people across the country and the world, with the Internet the way it is," said Duncan.

DPS is also investigating numerous death threats that were posted on the Internet against Gardner and Massey. Duncan said Gardner was on leave for his safety, and security measures were offered for Massey's family.

Gardner could still face disciplinary action from the state, depending on the final outcome of all the investigations.

"It will be reviewed," Davenport said.

Gardner has had a few complaints lodged against him in his 14-year career with the UHP, Davenport said, but most have been unfounded.

Massey said Friday he will consult with his attorney to decide what his next step might be, and said he is still considering a lawsuit against Gardner and the UHP.


E-mail: bwinslow@desnews.com; geoff@ubstandard.com

Recent comments

As a Union representative, I have assisted officers in my agency many...

Oscar Garcia, III;NBPC Local 192 | June 3, 2008 at 12:17 a.m.

Both sides were in the wrong, but personally I think the trooper...

Carl | May 27, 2008 at 4:23 a.m.

Mildly arrogant driver
Very arrogant,(not "in fear for his...

Perturbed | March 29, 2008 at 1:33 p.m.

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UHP Col. Lance Davenport discusses Department of Public Safety probe into a trooper's Taser use.

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