UHP taser probe nearly complete

SANDY — The Utah Highway Patrol is close to wrapping up its internal affairs investigation into a trooper's traffic stop Tasering that wound up on YouTube.

Investigators met earlier this week with Jared Massey, the Vernal man who posted the clip of his September traffic stop online to protest how he was treated by UHP trooper Jon Gardner. The clip became an Internet sensation, being viewed more than 1 million times and prompting a deluge of angry phone calls and e-mails to the UHP.

"The meeting went well," UHP Col. Lance Davenport told the Deseret Morning News Thursday, adding that he expected to see the internal report next week.

Massey said he was told that "policy violations" had been identified "from the traffic stop clear up through the investigative process."

"That's what they're investigating and looking into is how to correct those things," Massey said Thursday. "That's my assumption."

The Utah Attorney General's Office is conducting a separate probe, which is ongoing, authorities said.

On Sept. 14, Massey was pulled over on U.S. 40 near Vernal and cited for speeding. He refused to sign the ticket and argued with the trooper, who ordered him out of the car.

As Massey walked toward a speed-limit sign and then back to his SUV, Gardner pulled out 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 asked as Gardner fired the Taser into his back, causing him to stiffen, scream and fall backward. Gardner fired the Taser again after Massey refused to comply with orders once on the ground.

A Utah Department of Public Safety review found Gardner's use of a Taser was justified. However, Davenport said they do believe Gardner's "attitude" in dealing with Massey was a problem.

"We have, based on a preliminary review that we did, already used that as an opportunity to have that trooper go through some additional training," he said.

Gardner went through a course on verbal communication skills, provided by his supervisor. In it, Davenport said the trooper learned better conflict resolution skills.

"We have to be better than that," the colonel said. "So it doesn't come down to having to use physical force."

Massey seemed pleased.

"I think that's fine. That's great," he said. "Just the fact that they're taking action on it and they're doing things about it, I think is good."

Massey said he and his wife are still deciding if they will file a lawsuit against the UHP and Gardner. He recently hired a new lawyer.

"I think that we're looking at pursuing a civil rights case against them at a minimum," he said.

Gardner was initially placed on paid administrative leave as the investigation into the Taser incident began and after death threats were posted against him on YouTube. He is now back on the roads, Davenport said.

"People have been generally supportive to his face," he said.

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