From Deseret News archives:

Tooele County to screen UHP Taser case

Prosecutors are to determine if trooper should face charges

Published: Thursday, Jan. 31, 2008 12:26 a.m. MST
 |  E-MAIL | PRINT | FONT + - 
ROOSEVELT — Tooele County prosecutors will decide whether a Utah Highway Patrol trooper should face criminal charges for his decision to Taser a motorist during a 2007 traffic stop in Uintah County.

Paul Murphy, spokesman for the Utah Attorney General's Office, told the Deseret Morning News in an e-mail Wednesday that investigators have completed their independent probe into UHP Trooper Jon Gardner's decision to Taser Jared Massey during a Sept. 14 traffic stop. Murphy said the information gathered during the investigation has been turned over to Tooele County prosecutors.

"The Tooele County attorney will make the determination whether or not anything warrants criminal charges," Murphy said.

Gardner, a 14-year UHP veteran, stopped Massey on U.S. 40 west of Vernal on suspicion of speeding. Video of the traffic stop — captured by the camera in Gardner's patrol car and later obtained by Massey, who had it posted to the Internet site YouTube — showed the trooper ordering the 28-year-old out of his sport utility vehicle after he refused to sign a speeding ticket.

Story continues below
Massey has said he believed he was being allowed to show Gardner a nearby speed limit sign to prove he wasn't speeding. Instead, the trooper ordered Massey to turn around and put his hands behind his back. When Massey failed to follow that order, Gardner drew his Taser and leveled it at Massey's chest.

"What the heck's wrong with you?" Massey asked as he turned and started walking back toward his vehicle.

After issuing two more commands for Massey to put his hands behind his back, Gardner shot the telephone company engineer with his Taser, causing him to stiffen, scream and fall backward. Gardner fired the Taser a second time because Massey didn't comply with orders once on the ground, the UHP said.

Public outcry over the video, which was viewed more than 1 million times on YouTube, prompted the Utah Department of Public Safety to conduct a review of the stop. In November, UHP Col. Lance Davenport said an initial investigation showed that Gardner's use of the Taser was "lawful and reasonable under the circumstances."

"Officers are often forced to make split-second decisions or judgments in circumstances that are tense, uncertain or rapidly evolving," the colonel said during a Nov. 30 press conference, adding that Gardner did not know if Massey had a weapon.

During the press conference, Davenport said the attorney general's office had been asked to take an independent look at the incident. DPS Commissioner Scott Duncan added that the department also would conduct its own internal affairs investigation into Gardner's use of force and review its Taser-use policy.

Recent comments

Gardner screwed up. He got arrogant and bombastic and it seems to me...

texaian | May 14, 2008 at 1:32 p.m.

John, let me taze you and then tell me that you are relatively...

Tazemebro | Feb. 28, 2008 at 10:14 p.m.

If people will watch the 3rd part of the complete unedited video...

coverup | Feb. 6, 2008 at 2:20 p.m.

Image
UHP Dashboard Camera

Public outcry over the Tasering of Jared Massey spurred the Utah Department of Public Safety to conduct a review of the incident.

previousnext

Latest comments

Why is Y. ignoring spew of hatred?

if U fails to respond but not if the Y stays above the fray. UHypocritesU

This issue is tiresome. Can we move on. Who really cares? There are issues...

Galen, Ice core analysis has shown that the atmospheric CO2 level has...

Religion in politics is tiresome

The LDS scriptures have a verse specifically for this very topic. D&C...

Teen girl killed in Kaysville crash

That HORRIBLE intersection has had full engineering plans in-place for many...

Lori, we are so happy and proud you are Ms. Volleyball this year! You deserve...

Darts shake off rust for win

We are looking forward to hosting you on Friday night. See you at the...

MWC awaits bowl destinations

Just heard on 1280 the Zone: BYU likely headed to San Diego to play USC in...

Time to move on and get on with life. I am a big BYU fan but have never...

Most Utahns unhappy with Obama

"This is great news. Utah is a back water of conservative zombies marching...

Advertisements