From Deseret News archives:
Trooper cleared: State says Taser use justified, but other agencies to review traffic stop
- Page:
- < Previous
- 1
- 2
"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.
"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
- Page:
- < Previous
- 1
- 2
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.
- W. Bountiful seeking applicants 2:34 p.m.
- NASA still puzzled about rocket test 2:33 p.m.
- Man indicted in theft of guns 2:32 p.m.
- Unconscious man robbed in ER 2:26 p.m.
- Late-day slide hits stocks 2:24 p.m.
- Medicare cuts stay in Senate bill 2:06 p.m.
- Natural gas prices at 52-week low 2:04 p.m.
- Traffic to slow around Hill AFB Friday 1:59 p.m.
- Advocate charged with sex abuse 1:57 p.m.
- GM agrees to reconsider closings 1:40 p.m.
- Hate not limited to 1 in-state rivalry
- Mitchell said to share LeBaron traits
- Why is Y. ignoring spew of hatred?
- Aggies shoot past Cougars
- Miles is back, but others still out
- BYU prof a 'Top Global Thinker'
- Unbeaten BYU takes trip to Logan
- Toddler dies trapped under mattress
- Sloan gets 1-year extension
- Wildcats snap long U. losing streak
- Hall mouths off about hate of Utah
921 - Cougars beat Utes in overtime
483 - Hall reprimanded by MWC
406 - Max Hall issues apology
393 - Hall's pain reflects self-betrayal
361 - Utes won't respond to Hall
278 - Why is Y. ignoring spew of hatred?
269 - BYU says Hall incident resolved
245 - 2 citations issued at Y.-U. game
186 - Aggies shoot past Cougars
159
If you want to learn what it's like to be an astronaut on the...
First, a big thank you to all who posted questions here for me to ask...
I looked at the Bing satellite map and I'm frankley not impressed with the...
Police would not have charged this man without enough evidence to do so....
Re: Paul Harkness What? This was a zoning issue, not an "opposition to the...
Anonymous | 1:37 p.m. Dec. 3, 2009 Funny coming from someone who never...
All I do is say I am going to cancel my season tickets and it doesn't get put...
lets give them all more money
Thank you Dr. Gardner for the truth. They guy needs to be locked up.
Kirienko at the 4 against LA, he embarrassed Gasol at the European games last...
"Of course, their real worry is how to wriggle out of their endorsement of...




