Deseret News | Trooper's Taser use pops up on YouTube

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Trooper's Taser use pops up on YouTube

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Hi J | 7:31 p.m. Nov. 21, 2007

If the cop were related to me I would be embarrased.

I would never let him know, because he might taze me for not following his instructions, that he never gave me, just like the guy in the video.

Police officers can't just run around tazing because they want.

Even the Framers knew this 230 years ago. James Madison wrote in Federalist #51:

"In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself."

The officer needed to exercise self control. there are probably thousands of more professional ways it could have been handled.

Don't group teachers, UHP and other police officers in with this bully. This guy needs to spend some time in jail for assault without his taser.

Dear John | 7:41 p.m. Nov. 21, 2007

Great post...

Maybe in "genpop" (cool name) without his taser he would even be able to do a community service thing like collect DNA samples to possibly help solve unsolved cold cases.

Tuff Cop-No he is a wooos | 7:58 p.m. Nov. 21, 2007

I can not believe that anyone-even you cops out there-can defend this trooper.

If the troooper was a real officer of the law he would have told the driver he was placing him under arrest and read him his rights. Then he would have asked him to step out of the vehicle and put the cuffs on the guy.

This cop likes to put pain on people-he is a torturer and should be given the same treatment. To place bodily harm on someone because you can't be a man....What a woooossss.

Comments continue below

Another J | 8:01 p.m. Nov. 21, 2007

J writes: "How does anyone know what Massey's intentions were, with his hand in his pocket and walking back to the vehicle? If he were allowed to endanger the officer's life would the taser then be justified? He was protecting himself from the unknown. If that cop were your son, brother, or father...what would you have wanted him to do?"

My dad was a cop for 29 years, so I think am qualified to answer. I would want my dad to protect himself from a legitimate threat, but I would also want him to respond professionally and calmly, unlike the officer in this situation. The article lists the circumstances under which UHP policy allows tasering. None of those were present in this incident. Certainly Mr Massey's behavior exacerbated the situation, but the officer responded badly, seemingly more out of frustration and anger than from a legitimate, or even legitimately perceived threat. He also misrepresented the incident to the officer who arrived later. There are good cops, there are bad cops. In this case, he was a bad cop.

Married Guy | 8:03 p.m. Nov. 21, 2007

The Cop should be fired. No question about it.

dave | 8:20 p.m. Nov. 21, 2007

Insanity !
Anyone without an agenda can watch this video and see how wrong this
police officer was. Arguments to the contrary are in denial. The kid was no threat. I am afraid this is symptomatic of an endemic issue with Utah Law enforcement over stepping authority and excessive vigor.

Father Robert | 8:20 p.m. Nov. 21, 2007

The so called officer should be FIRED at once.

brian inman | 8:21 p.m. Nov. 21, 2007

This officer deserves to go to jail himself. I want tosay more but these comments are monitored, and I think if I use bad language my comment will be deleted. Does anyone have the email address for his supervisor.

No Name | 8:22 p.m. Nov. 21, 2007

I have personally testified in two "police brutality" trials. This Massey punk deserves what he got and should have the book thrown at him. He is an arrogant, rebellious punk who is the cause of this situation.

The officer had good reason to feel threatened. He did the right thing.

Good work, officer.

Poor Training | 8:27 p.m. Nov. 21, 2007

Why didn't Gardner disclose how fast Massey was driving? Seems to me that would have prevented the whole thing....wait maybe Gardner had NO CLUE how fast Massey was driving, if you watch the first 60 seconds of the video there is no way he could've of clocked his speed.

I can't believe some in here are endorsing the Gardner's heavy handed actions. Anyone watching the tape can figure out that Massey thought he was heading back to discuss the speed limit signs.

Gardner is a taze first and ask questions later type of cop. Massey isn't that out of control, he is asking a simple question...How fast was I going? All Gardner had to do was tell him. He could have also informed Massey that by not signing the ticket he would be arrested....didn't see that step by Gardner either.

Gardner is one poorly trained UHP trooper. Looks like to me someone pencil whipped his training records in the area dealing with traffic violation protocols.

Ray | 8:34 p.m. Nov. 21, 2007

The trooper was way out of line. The dept is trying to cover it up. This kind of abuse of power should never be aloud to go unchallenged by the people.

Bob | 8:41 p.m. Nov. 21, 2007

Both parties were obviously wrong. The driver has no right to make the demands he was making at the time of the stop. A police officer does not have to "prove" that the driver was speeding to cite him. The correct time and place for that is court. Also, the driver did not follow instructions and was warned by the trooper. Reckless behavior.

The trooper, however, did not have to resort to use of the Taser. The driver, although in the wrong, and not cooperating, was not threatening the trooper, nor any other person. The trooper should not have drawn the taser until aftre he had tried to discharge his duty and explain to the driver (who was dense and frustrating) again why he was stopped and how the process works. It is all on tape and on the internet, UHP will have no choice but to review this properly and train their officers better.

Bryene | 8:46 p.m. Nov. 21, 2007

Unbelievable. This continues the trend where the Taser is used to get compliance (or revenge) instead of a last resort before firing his/her gun. All officers should treat the Taser as a potentially lethal weapon to be used only where a gun might have been used before. Would this officer have shot the man in the back with his/her gun and still be on duty??? I think not. The Taser should be no different. What if Jared died as the Polish man did in Vancouver Airport (another "to get compliance easily" situation). The officer would be fired and charged. Plus the real problems might be with the department as the little testosterone talk at the end between the two officers reveals. Kinda makes me wonder if the officer was sitting in front of the portable 40mph sign (which probably came from his trunk) to purposely block it to start with. With this unstable ego maniac, anything would be possible.

Rose to NYPD12Years | 8:45 p.m. Nov. 21, 2007

Get a life buddy. If you have been a cop for 12 years as you say you have, you should have seen some pretty good police brutality from your fellow cops in the Bronx. Be real get your head out of the cloud you must be on right now. Does the name Abner Louima mean anything to you. It should. NYPD has been the poster child for police brutality for decades.

Reply: No Name | 8:48 p.m. Nov. 21, 2007

No Kidding.

If you did testify in police brutality cases and your post is at all an indication of your mental state, there are people who you have wronged in our legal system.

I really do hope that you are a poser and not a police officer. I have tons of respect for good police officers, but not for bullies or thugs.

Thank you to you officers who risk your lives daily to keep our children and ourselves safe. We are truely thankful for you. Tomorrow you will be mentioned in our Thanksgiving Day prayers.

Jim | 8:52 p.m. Nov. 21, 2007

If I had been his wife and had a gun the cop would be dead. I hate the ACLU, but this is one they should go for.

David | 9:01 p.m. Nov. 21, 2007

Please fire him, he is the criminal

linda | 9:02 p.m. Nov. 21, 2007

bush's torture policy brought home.

A world full of Idiots | 9:07 p.m. Nov. 21, 2007

I can't believe people today, I guess I blame the mindless many and their unquestioning belief in the all mighty Bush, you bunch of sheep. This Trooper was a chump, my father spent 25 years in the CHP and after view this video said this trooper was a chump. You don't have to sign the damn ticket, you have the right to know what you are getting the ticket for and you for SURE have the right to get your Miranda Rights read to too upon your arrest. I feel the driver acted pretty professional even to the point of telling the officer to calm down. If that had been me I won't have handled it so calmly. Bottom line, that excuse for a man is lack in same area and needs to express his manhood by afflicting suffering on others.

Kelley | 9:08 p.m. Nov. 21, 2007

Only in Utah!!! I hate to say it folks, but only in Utah do people get tasered for driving violations and criminally charged for kidnapping there daughter so she won't get married. Yes, in both events the State has the right to do what it does. But at the end of the day, this officer should have handled the matter more calmly. He was the one at fault in escalating the event. If trained properly, he could have spoken calmly to the guy about his speeding and the need to sign the citation.

both at fault | 9:13 p.m. Nov. 21, 2007

Massey probably knows a cop or two, gets his first ticket, and wants it explained.

Cop doesn't feel like it, so tazes him.

No biggie...

Key thing here, though.

One of the two is a trained professional who does it everday for a living.

If we taze everyone who wants an explanation for a ticket, my electricity bill is going to skyrocket. So, if we could please just cut back on the tazes...

Slade | 9:20 p.m. Nov. 21, 2007

I always thought tasers were less-than lethal devices. Meaning they should be one step below the use of lethal force. I think the man should have been arrested for ignoring the officers orders. But why didn't the officer try to arrest the man the old fashion way? grab his wrist and place the handcuffs on them? and then if the man resist arrest you use the taser. It seems now days too many officers jump at the chance to use it instead of de-escalating the situation.

Idiots | 9:31 p.m. Nov. 21, 2007

You do NOT have a "right" to get an explanation for your "ticket" from the officer at the time. The officer writes up the ticket and gives it to you. End of story. He is a law ENFORCEMENT officer, NOT a judge! Explanations of the law are not the responsibility of law enforcement.

Duh.

More importantly, you do NOT have the right to resist arrest! For all you ignorant arm-chair judges, "arrest" means simply to "stop" someone. The officer "pulled Massey over" means he "arrested" him.

You idiots prove your idiocy by arguing in favor of the idiot Massey. Learn the law before you pop off about your "rights"!

Idiots.

Nineteen Eighty Four | 9:34 p.m. Nov. 21, 2007

It's too bad officer bacon got his skirt stepped on. He needs to be fired, but of course will not be. Jerks like this are an asset. As we head into this police state, boyz like he are needed who are willing to hurt, mane, and kill his fellow citizens. The only thing that matters here is the LAW, forget right and wrong. "You obey me because I'm the man, and if you don't, I have the LAW on my side, BAMM."

And just think, we ourselves pay for this treatment. To officer friendly, we are all criminals waiting to take a ride on a tasser. If I ever see an officer in need, I'll just keep driving.

mark | 9:40 p.m. Nov. 21, 2007

Hmnn. . . I told my kids that when a cop tells you to do something, you do it. Even if you think the cop is wrong. If you think the cop is wrong deal with it afterwards in court or through the PD admin. But when a cop gives you an order, well you do it.
Anyone know if you can be arrested for not signing a citation? Seems odd if you can, I don't know. Anyway if you cannot be arrested for refusing to sign, well what was the trooper thinking?
But should dude have been tazed? Well, I wasn't out on that lonely stretch of desert road, but if I was and I had a guy with his hand in his pocket trying to leave, well. . . yeah, I can see why the trooper nailed him.
Remember when around PD, good idea to keep your hands out of your pockets. And don't just start leaving. Especially when cop is aiming something at you. Just raise your hands above your head. That's from dealing with cops 101. Jared obviously missed that day of school.
Remember officer Gardner just wants to go home after his shift.

mark | 9:50 p.m. Nov. 21, 2007

Oh, and another thing for all you police officers out there. If you have just told a guy to get out of his car because you are going to arrest him, don't turn your back on him, crimeny, Officer Gardner, you turned your back on him.
Remember, many of you guys have been shot and killed from "simple" police stops. Of course I am sure officer Gardner already knows this.
Stay safe all you cops out there, and go home when your shift is over.

Night Stick? | 9:51 p.m. Nov. 21, 2007

Would we feel better if the officer had pulled out a night stick and used an arm-bar hold to control Massey? That is the alternative in the absence of a tazer. The officer would have had to make physical contact with Massey in that situation, and restrict Massey's ability to pull out a weapon or suddenly attack the officer. Massey snuck up on him!

The officer did the right thing. The taze was the better alternative in this situation.

Reconcile | 10:10 p.m. Nov. 21, 2007

They both probably have reason to feel frustration -- the cop, for having to deal with whiny people who show little respect for them in what is dangerous job and one that serves all of us, and the young man, for feeling that he was unfairly accused and then not given any explanation for the charge. Weï¿½ve all felt both of these feelings, because they happen to all of us at some time. However, they both also need to grow up and start dealing with their frustration in a constructive way. We all do. We all make these mistakes when we know very well how to avoid them.

Richy | 10:11 p.m. Nov. 21, 2007

An officer has a duty to uphold the law. Also with that responsibility the officer must Identify himself, give the reason(s) for the stop and be courteous to the motorist. All commands to the motorist are to be clear,concise and without sarcasm.

After 6500 car stops and 2 complaints over 3 years of writing speeders and other violations, I now supervise. I demand that my officers treat the public with respect and to be courteous and informative. Anything less is unacceptable. Yes all that gets thrown out the window if the officer senses or encounters danger, but for the car stops which escalate, cooler heads do prevail.

I noticed the current crop of officers/troopers etc. for the most part are a different breed, blame their FTO's who should smack some reason into these young pups.

Richy | 10:15 p.m. Nov. 21, 2007

I have a total of 18+ years experience in Law enforcement and I am trained in Radar (moving and stationary) pacing and Lidar..

And Kud | 10:23 p.m. Nov. 21, 2007

First question i have is that why did the police stop before the sign? first officer blocks the speed sign and then he does to answer or tell the driver the speed that he was going on? or at least by how much he was over?
does any one know?

It's sixes | 10:25 p.m. Nov. 21, 2007

I watched the video a couple times, and well, I think both men could have behaved better. If you forced me to take sides, I would stand by the cop's decision. These men put their lives on the line every day. They should of course act with discretion, but shouldn't hesitate if they feel a threat is imminent. The driver makes a mistake by having a rebellious attitude from the beginning, and then hesitating to follow instructions. The fact that he starts to walk away with his hand in his pocket seals the deal. All that being said, I think this could have been handled better by the cop up to that point.

Stephanie | 10:43 p.m. Nov. 21, 2007

That officer was totally out of line. What a joke.

Bob Winn | 10:52 p.m. Nov. 21, 2007

It has been a long time since I have seen so much ignorance being demonstrated in one place as I am seeing in these comments.

Signing a citation is NOT an admission of guilt. It is just a promise to appear in court, or if you wish, post the amount of the fine and forfeit it. Plain and simple. Refusing to sign a citation requires the officer take the offender into custody. When the offender refuses to comply with the officers directions, it constitutes resisting arrest.

The officer is NOT required to prove anything, proof of speed, speed zone, or anything else, to the alleged offender, demanding the officer 'take him back and show him the speed limit sign, refusal to obey direction to sign the citation, and walking away from the officer when he was instructed to put his hands behind his back, in addition to having his hand in his pocket.

Obviously the tape was edited by whoever posted it on line, such as taking out what the offenders wife said when she was on the driversï¿½ side, prior to driving off. Who knows what else was doctored to make the officer look bad?

Bob Winn | 10:52 p.m. Nov. 21, 2007

The graveyards are full of officers who made the mistake of 'waiting' for a offender to comply. How was the officer to know if the offender was reaching for a gun, or returning to his vehicle to get one? The officer has every right to protect himself in such a situation. Officers are killed all the time because they gave the benefit of the doubt to the criminal.

The 40 mph sign with red flags was plainly visible, before he stopped him, and one right in front of him when he stopped, and I'll bet it wasn't the only one the offender had passed. Obviously he passed the officer, who was probably going the speed limit.

The offender is obviously an idiot. Only an idiot would tell an officer what the law is and demanding the officer prove anything. The proof will be offered in court, not along the side of the road. Oh yes, as to his demand to be read his rights. He is full of crap about that too. The Miranda rule says the individual(s) must be read their rights BEFORE they are questioned, and or before incarceration, not on demand by the offender.

TxSmiler | 11:07 p.m. Nov. 21, 2007

I spent 15 yrs in law enforcement after 20 in the military. If this officer cannot handle this type of individual in this type of predictable situation then he is an absolute danger when the pressure is ratcheted up and involves real violence. He is a danger to the public and other officers. He clearly lost control of the situation and moved to an agressive solution without even trying to defuse the situation. There were several ways he could have asserted control and re established his authority. He was clearly very egotistical and quick tempered. Sadly, he is an accident waiting to happen again.

Alice | 11:16 p.m. Nov. 21, 2007

According to the article, this incident occurred September 14, more than two months ago. Why is it being published at this time?

Is this an attempt to intimidate motorists during the Thanksgiving holiday?

Coverage does not include information regarding what has happened to the trooper or Massey since September 14. If the date is a typo, when.....exactly.......was Massey tasered? Is Gardner still on patrol with a taser and other lethal weapons?

This entire article.....as printed....lacks credibility.

Has Massey filed a suit against UHP?

How did the video get to YouTube?
Report Abuse Edit | Hide

Burt | 11:21 p.m. Nov. 21, 2007

To you critics who think the cops are so bad, should be fired, etc, I suggest the next time you need help, are in an accident, get robbed or assaulted or need protection from a stalker, call the closest ACLU.

As a professional driver, I have logged over 3.5 million miles without a chargeable accident and damn few citations, but when I did get one, I deserved it. I was just glad they were out there on the road, because without them, imagine the chaos.

Stop and think about it, get that chip off your shoulder and be thankful there are people who willing to do one of the most thankless jobs there is... Putting their lives on the line for you, every day, usually for less money than you would be willing to work for.

commenter | 12:20 a.m. Nov. 22, 2007

My two cents:

Apparently, not signing a ticket is grounds for arrest. I wasn't aware of that until I did some Google searches. I don't think this is common knowledge. If the trooper would have explained that this was grounds for arrest and given the driver a chance to decide for himself whether this was the path he wanted to go down I would be on the officer's side.

Instead the trooper decided to punish the driver for the audacity of questioning him and immediately escalated the situation and let it spiral out of control.

There was never a single verbal warning of the consequences, "I do not have to show you the speed limit sign, and refusal to sign this ticket will result in you being arrested right now.", "Stop resisting me or I will be forced to Taser you".

Clearly the driver had a bit of an attitude, but the cop's ego and unprofessionalism (which clearly showed up in his glib comments about 'riding the taser') made my blood boil and I would love to see him severely punished.

ScottyDog | 1:03 a.m. Nov. 22, 2007

What we had here is a failure of communication.

Had the officer explained the ticket instead of being on a macho man trip this situation more than likely would have never happened.

Quick draw then tells his fellow officer several lies and brags about tasing the citizen.

This guy does not deserve the trust of his fellow officers or the public and should be forced to find another job where he does not have access to firearms or tasers.

ed kandefer | 1:35 a.m. Nov. 22, 2007

I canï¿½t believe what happened to this poor man at the hands of this power happy trooper. The trooper out right Lied to the other trooper after the wife drove away to make him self-look good.
The trooper is a liar and should be fired and used excessive force with no reason and I am sure the trooper new he was wrong and tried to cover it up, who knows what else he has covered up in the past.
If anyone should have been arrested it should have been the trooper.
I am disgusted and sickened to know that the Utah Highway Patrol lets this type of stuff go on without action.
What happened to Serve and Protect??????????

Can't we all just get along? | 1:39 a.m. Nov. 22, 2007

I feel so much safer with this officer on the road.

Jake | 1:39 a.m. Nov. 22, 2007

I think that both the officer and Massey have huge egos. When the officer approached the car, Massey was already becoming unruly. But I do think that the officer tagged him a little too quickly. From the video, Massey seems like the type of person who would submit under slight physical force. But the officer is not required to use physical force over the use of a restraining weapon.

Patrick | 2:34 a.m. Nov. 22, 2007

The problem that I have with this situation is not about who was right and who was wrong, rather my problem is the use of the taser in a situation were the officer was obviously not in danger for his safety. People think that because the taser is non-lethal, it can be used in any situation, it is still a dangerous device which can cause death in some people. I have a serious heart condition and if i were to be tasered, it could be a death sentence. Some people have left comments on this thread to the effect that the guy deserved it, implying that the taser should be used as a punishment device if a suspect is non cooperative. It is not up to an officer to punish someone, that is for the courts. It is almost like you are cheering for the officer to "set that guy straight." Again, that is not a police officers job. If this kind of reckless use of taser devices is not stopped, someone like me will end up paying the ultimate price for it.

Wrong, guys! | 2:55 a.m. Nov. 22, 2007

Signing a ticket is NOT an admission of guilt. Were it an admission of guilt there would be no traffic court, as the verdict would have already been determined. All traffic tickets CLEARLY state, "This is not an admission of guilt but merely a promise to appear at the time and place designated."

Emjay | 4:11 a.m. Nov. 22, 2007

If an officer had done this to me or anyone in my family two months ago and his, or her, commanding officers still had not made any kind of statement or decision, I too would have put public pressure on the powers-that-be via the internet. Especially if I knew that this "public servent" was still carrying lethal weapons and was not confined to a desk job for the duration.

My daughter has an important interview in SLC next week and my sister e-mailed the film clip to me from Indiana. We used to live in Sandy, before the Olympics. Things seem to have decayed since then and I am truly frightened that she and her family will be spending a full week in Utah.

I will worry from the minute they cross the Green River.

Anonymous | 4:25 a.m. Nov. 22, 2007

Disrespect to a trooper writing a ticket is not right. Nor was it right to taser the individual. Both were wrong. This law enforcement officer has lost the public trust in a huge way. Removal is warranted.

UNBELIEVABLE | 4:39 a.m. Nov. 22, 2007

Truly unbelievable that things like this can happen without immediate review and reprimand. Completely uncalled for, unjustified, unethical. I mean seriously, the video explains itself. Diffusion, if you want to call it that, could have been obtained so much easier. All the guy wanted to know was justification for his citation, which he deserved and didn't get. Incidents like this are why there are so many people pushing against tasers. They can be valuable tools, but not when utilized like this. Ashamed that a 14 year "veteran" of the force would act like this. I am anxious to see how this pans out. Good luck to the Massey family. For those that haven't seen the video yet, please watch it. You will understand.

Lt. BPD

Observant | 5:06 a.m. Nov. 22, 2007

A traffic stop is not a coutroom. If the guy in this video would have just politely provided the officer with his license and registration and then signed his ticket (which is not admitting anything other than the fact that he aknowleges that he is recieving it),none of this would have happened.
He then would have had the opportunity to defend himself in court, with or without a lawyer and would probably have had the ticket thrown out.
If you actually watch the video you will see that the man is combatitive from the start, blatently disobeys instructions multiple times, and leaves the officer with no other choice of action. The officer exercises great restraint and only tazers the man after the man is agressive with him.
Remember a traffic stop, or an arrest is not a court of law , and is not the place to be violently arguing with the officer.

to get the fact Erik | 5:41 a.m. Nov. 22, 2007

You are absolutely mistaken. I am an attorney, although inactive at this time, and I can tell you that the officer does not have an obligation to prove anything when giving a citation, period. The state has the obligation in court. You are the one who needs to get the facts. This man was belligerent and refusing to do what the officer asked. How is the officer to know that this man is not going to assualt him. He is walking away and not complying with what the officer requested. BY LAW, the man is required to do what the officer tells him to do, period. Get your facts straight and don't talk about things you are obviously ignorant concerning.

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