A report on the internal affairs investigation was expected to be completed earlier this month, but has not yet been released. UHP spokesman Cameron Roden, contacted late Wednesday afternoon, was unable to reach investigators to determine the status of the report.

Massey has pleaded guilty to speeding in Uintah County Justice Court and paid a $107 fine. He has also filed a federal civil rights lawsuit against Gardner seeking an undisclosed amount of money.

Bob Sykes, Massey's attorney, declined to comment on whether his client's case would be helped if Gardner were to face criminal charges.

"I'm going to leave that up to the authorities," Sykes said. "But Gardner clearly used excessive force here."

A receptionist for the Tooele County Attorney's Office said prosecutors had just received the case and would not be able to offer comment until a decision about whether or not to file charges had been made. She did not know when that might happen.

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