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Taser victim says UHP is 'stonewalling'
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Marcus | 10:49 p.m. Nov. 22, 2007
Argue with an officer, turn your back when he is placing you under arrest, move
your hands to your pockets... These are all very stupid things to do. If a
drunk man had done exactly the same actions, no one would be questioning the use
of a taser. The side of the road is no place for a confrontation, and if a
person is acting beligerant (sp?) in a situation like that, the officer really
has no choice but to subdue the person. If this officer was a bit quick on the
trigger, he'll know better next time, but it doesn't change the fact
that Massey needed to be subdued.
Deseret Dawg | 11:07 p.m. Nov. 22, 2007
Normally, I tend to back law enforcement in these situations. The traffic stop
is a supreme moment of uncertainty.
But after I found out that Trooper Gardner is a 14-year veteran, I cannot support his actions. He's experienced enough to know better. He lost control of the situation.
Suspension without pay is no longer the only valid option; it is now appropriate to consider termination.
But after I found out that Trooper Gardner is a 14-year veteran, I cannot support his actions. He's experienced enough to know better. He lost control of the situation.
Suspension without pay is no longer the only valid option; it is now appropriate to consider termination.
Comments continue below
Taylor | 11:19 p.m. Nov. 22, 2007
A majority of comments on this article have a distinctly different flavor than
comments on the first article. To me, most of the comments on this article are
clearly from the UHP officer's colleagues, trying to paint a different
picture than what we see in the video. Here is an officer who tasered a man,
not a boy, a second time for not rolling over quickly, then threatened to taser
him again for talking. Massey was somewhat defiant in his attitude and not the
kind of person I'd like to encounter, but still treated the officer with
respect. The officer had no tact, no diplomacy skills, and really went off the
edge. And UHP should have investigated this incident sooner, whether or not
they had a signed complaint. They show that they believe they are above the
law--must not apply to them, and that is what is disgusting. With the comments
of many officers above, surely some house cleaning is in order. I agree with
many of the posters on Massey's side, especially Mark of PA. This young
man and his family had no appearance of a threat on the video, and the officer
should have known his record.
BA | 11:38 p.m. Nov. 22, 2007
I am on the cops side on this one...the cop may be a Jack A, but the actions you
displayed were very similar to what i have seen on other videos right before the
perp pulls out a gun or takes a swing at the cop. Argue in court not on the
road, and be sure to put your hands out in front of you next time you fall.
Tenderheart | 12:33 a.m. Nov. 23, 2007
Unquestioning compliance when confronted by authority figures is a
dangerous rule to follow. The American Revolution began as a refusal to comply
with abusive authority. Child abuse occurs because children are usually taught
to obey unquestioningly. I always taught my children to question unfairness
politely but firmly.
No one should be arrested, tased (tortured) or otherwise mistreated for asking questions!
While Massey could have been more polite, the officer should have been professional enough to either answer his questions, refer him to an appropriate source for answers, or explain calmly why he wouldn't answer and what the legal requirements of the situation were.
The officer clearly abused his authority. The fact that so many of the above comments defend that abuse demonstrate why our country's freedoms are being eroded so rapidly: a preference for comfortable accommodation rather than standing up for what we believe is right.
No one should be arrested, tased (tortured) or otherwise mistreated for asking questions!
While Massey could have been more polite, the officer should have been professional enough to either answer his questions, refer him to an appropriate source for answers, or explain calmly why he wouldn't answer and what the legal requirements of the situation were.
The officer clearly abused his authority. The fact that so many of the above comments defend that abuse demonstrate why our country's freedoms are being eroded so rapidly: a preference for comfortable accommodation rather than standing up for what we believe is right.
M Kilmer | 12:44 a.m. Nov. 23, 2007
It's impossible to see Gardner's side of this incident. An argument on
the side of the road would not have been possible if he refused to engage in it.
Gardner was more than willing to fuel the debate with both of the Masseys
throughout the entire episode. He was right, it did not have to turn out that
way, but it did because he orchestrated it that way. Gardner is trigger happy
and a liar who acts like someone with a drug dependency. He lost control almost
immediately. Hard to believe the UHP continues to leave this guy on duty to
strike again. Apparently, even with millions of people seeing his face they are
not concerned with his safety.
Casey | 12:48 a.m. Nov. 23, 2007
First, there is no doubt he should have signed the ticket and the officer has
the right to arrest him since he didn't. Second, its true the kid was
stupid. There is no doubt. However, he should not have been tased. The
officer tased him before he had ever said the word "arrest."
Obviously the kid was confused about what the hell was going on from the very
beginning. He tells him to turn around, what the hell for. He hadn't said
the word arrest. He officer will argue that the kid was going to flee, give me
a freaking break. He took a couple of steps, so what. Hey, I don't think
the guy should get fired. He made a mistake. Everyone does it, but admit it
and move on. Under Utah Code 77-7-1 it states "The person shall not be
subjected to any more restraint than is necessary for his arrest and
detention." Do you really think it was necessary for Mr. Malley to be
tased for the officer to arrest him? I mean maybe, but the officer did not have
enough info when he fired it. I'm fine with him pulling it, but not firing
it then.
Casey - cont. | 12:58 a.m. Nov. 23, 2007
In addition, the UHP's own policy on the use of taser's tells us that
a taser can only be used when
- a person is a threat to themselves, an officer or another person.
- In cases where the physical use of force would endanger the person or someone else.
- When other means of lesser or equal force by the officer has been ineffective and a threat still exists.
Lets face it, this situation does not fit.
Finally, these things have been involved in many deaths and although everyone argues that they do not cause the death, people die after being tased. Don't you think we should try to limit there use to when they are needed. Not when the officer goes willy nilly firing away. Just because someone makes you nervous you don't "give him a ride on the taser."
My last note. The way the officer was talking about it with Mr. Malley, saying "gave him a ride on the taser" or something like that and saying it hurts doesn't it sure made it seem like it was just fun for the officer.
Ultimately, the kid learned SIGN the TICKET. Hopefully the officer learned when to tase.
- a person is a threat to themselves, an officer or another person.
- In cases where the physical use of force would endanger the person or someone else.
- When other means of lesser or equal force by the officer has been ineffective and a threat still exists.
Lets face it, this situation does not fit.
Finally, these things have been involved in many deaths and although everyone argues that they do not cause the death, people die after being tased. Don't you think we should try to limit there use to when they are needed. Not when the officer goes willy nilly firing away. Just because someone makes you nervous you don't "give him a ride on the taser."
My last note. The way the officer was talking about it with Mr. Malley, saying "gave him a ride on the taser" or something like that and saying it hurts doesn't it sure made it seem like it was just fun for the officer.
Ultimately, the kid learned SIGN the TICKET. Hopefully the officer learned when to tase.
Srilyk | 2:05 a.m. Nov. 23, 2007
Massey made one single serious error that I can see - not showing his hands.
When Massey was standing in front of the cop car, the officer said "Turn
around!" And Massey complied, turning around and headed for the car. The
officer did NOT say "Freeze" "Stop" "Halt" or
anything else. At the very beginning of the stop, Massey asked how fast he was
going and the officer ignored his request.
So far as I can tell the only edit is the removal of when the officer (presumably) called in his license and registration.
I don't know who could think Massey was resisting arrest - he said "Officer, please read me my rights!"
Massey:"You have not told me what I'm being cited with!"
Officer:"I told you you were speeding!"
Massey:"What speed?"
The officer (as far as we've seen) has never told him what speed. The officer would not read him his rights. As far as I know, you're not under arrest until your rights have been read. I don't think I ever heard the officer give Massey any options such as "turn around or I taser you" or "sign this ticket or go to jail"
The officer was wrong.
So far as I can tell the only edit is the removal of when the officer (presumably) called in his license and registration.
I don't know who could think Massey was resisting arrest - he said "Officer, please read me my rights!"
Massey:"You have not told me what I'm being cited with!"
Officer:"I told you you were speeding!"
Massey:"What speed?"
The officer (as far as we've seen) has never told him what speed. The officer would not read him his rights. As far as I know, you're not under arrest until your rights have been read. I don't think I ever heard the officer give Massey any options such as "turn around or I taser you" or "sign this ticket or go to jail"
The officer was wrong.
ID 10 Tee | 2:15 a.m. Nov. 23, 2007
Note to Mr. Massey's boss; find a reason to fire him as soon as you can.
Here is another person who thinks the rules don't apply to him, he's a
whiner, a complainer and needs to learn a few of lifes' hard lessons before
he can function normally in society.
allen | 2:16 a.m. Nov. 23, 2007
this sort of incident makes me ashamed to live in Utah. What is worse is the
apologists here who try to justify what that rogue officer did. Apparently many
here don't realize that an officer can't just taze someone because
they didn't obey an immediate command. The kid was trying to get the
officer to show him any speed limit sign that he missed (as is all of our rights
in something other than a communist style police state). What's wrong with
some of you people? This trooper needs to understand he works for the public
and not the other way around. This trooper should be fired first, then
prosecuted for pergury for his false report on the incident.
Janey | 2:23 a.m. Nov. 23, 2007
I think a lot of the guys posting here are cops or friends or family of them
because the attitude that an officer can treat people the way he did with Massey
was just a great big power ego trip for him. I could so easily see myself in
such a thing. I have been stopped more than one mostly for speeding and once
for doing a tricky little lane change across a few lanes to get to my ramp. Even
though I would have rather been getting a root canal, I did not have a problem
asking him just what I did wrong. I was always treated businessy and direct
except for one in Wyoming. He was a class A jerk. Mostly, however, I was given
a mini=lecture and a warning and let go. Why would Gardner not answer the
guy's non=trhreatening question how fast he was going. Watching the video
and the more complete one, Massey's truck was not going very fast, this was
escalated by power hungry egomaniac who felt like being tuff. Maybe he watched
too Bruce Willis in Die Hard. At any rate, this guy needs to chill. Somebody
buy him a doughnut.
'[
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UT travel add CNN Europe | 2:38 a.m. Nov. 23, 2007
Get REAL! Both of YOU are as guilty.
Sad the CNN worldwide had this travel add from Utah. Massey no sympathy for your childish act. You brought this on. Perhaps your parents taught you this, or you just had a bad day?
OFFICER - shame on YOU... public servant? Harming a person like this and your behavior whilst you could have just noted 'refusal to sign' on the ticket and have the judge give him a stiffer ticket for a failure to abide by your orders. UHP learn from this. Utilize 'refusal to sign', but tell the judges to stick it to them in ticket value... but violence???
It is a sad day when teen age mentality is rewarded by an executioner's mentality. Sad when a UHP cop is a judge - when his judgment is as immature as the speeder's.
UHP wake up and handle this!
Sad the CNN worldwide had this travel add from Utah. Massey no sympathy for your childish act. You brought this on. Perhaps your parents taught you this, or you just had a bad day?
OFFICER - shame on YOU... public servant? Harming a person like this and your behavior whilst you could have just noted 'refusal to sign' on the ticket and have the judge give him a stiffer ticket for a failure to abide by your orders. UHP learn from this. Utilize 'refusal to sign', but tell the judges to stick it to them in ticket value... but violence???
It is a sad day when teen age mentality is rewarded by an executioner's mentality. Sad when a UHP cop is a judge - when his judgment is as immature as the speeder's.
UHP wake up and handle this!
Not a "victim" | 2:55 a.m. Nov. 23, 2007
He was a recipient of "tasing," not a victim. A victim would've
been someone walking by who was inadvertently struck. The video shows him
passing the 40 MPH sign, and the officer told him there was another as well. He
was an offender, not a victim.
Rag and Casey, I disagree | 3:08 a.m. Nov. 23, 2007
RAG and Casey, here is where I disagree with you.
The man walks away, placing the officer between two belligerent people. He has no way of knowing the extent to which they are dangerous, but he DOES know he can't watch both at once. Splitting and moving apart would be a great strategy if you goal was to ambush the officer. At the moment Massey placed the officer between he and his wife, this was IMMEDIATELY a dangerous situation because of that alone. (Add to that the roadside danger that has led to thousands of officers dying nationwide.)
Did the officer have attitude? Yes, but the cause of the problem was the couple.
The man walks away, placing the officer between two belligerent people. He has no way of knowing the extent to which they are dangerous, but he DOES know he can't watch both at once. Splitting and moving apart would be a great strategy if you goal was to ambush the officer. At the moment Massey placed the officer between he and his wife, this was IMMEDIATELY a dangerous situation because of that alone. (Add to that the roadside danger that has led to thousands of officers dying nationwide.)
Did the officer have attitude? Yes, but the cause of the problem was the couple.
the toaster | 3:15 a.m. Nov. 23, 2007
Wrong, Casey -cont. One could easily make the case that this situation met two
of those three criteria:
1. The guy was walking away, while reaching in his pocket, after being told repeatedly to turn around. The officer had every reason to consider him a threat.
2. Taking him down physically would be a very dangerous proposition on the side of a busy road.
Taze or tackle were the officer's only choices. (Though I wouldn't disagree that the cop bumbled his way into that particular corner.)
1. The guy was walking away, while reaching in his pocket, after being told repeatedly to turn around. The officer had every reason to consider him a threat.
2. Taking him down physically would be a very dangerous proposition on the side of a busy road.
Taze or tackle were the officer's only choices. (Though I wouldn't disagree that the cop bumbled his way into that particular corner.)
David Tagliaferri | 3:19 a.m. Nov. 23, 2007
Mr. Massey should have done what the Police officer told him to do, but that
does not give the police officer the right to use a potentially deadly weapon on
Mr. Massey. The tazer should only be used to defend the life of the police
officer of someone else.
American | 3:47 a.m. Nov. 23, 2007
Were the two comments I submitted all that controversial?
The officer is brutal, and his behavior is all-too-indicative of where our waterboarding country is headed.
My opinion is, he belongs in jail.
Why won't you post my messages?
The officer is brutal, and his behavior is all-too-indicative of where our waterboarding country is headed.
My opinion is, he belongs in jail.
Why won't you post my messages?
Joe | 3:49 a.m. Nov. 23, 2007
I would NOT want this police officer "protecting me." First
of all... at the very beginning of the video, he pulls to the side of the road,
but the police car never stops. Did he really use his radar gun? I don't
think he did. Thats why he cant say how fast he is going. It also makes the
policeman a liar. The speeding car passes the 40 mph sign and is instantly
pulled over. Who amongst us would go from 55 mph past a 40 mph sign... at 40
mph? At the least we would allow our car to coast to 40. Second, the police
officer never gave the words... I am going to arrest you. Its implied but never
said. It would have been nice if this jerk would have told Massey he would be
arrested if he didn't sign the ticket. He might have chosen to sign the
ticket. Third, he should have warned him that he was going to tase him. Massey
was not really violent or threatening. Childish, but not threatening. Fourth,
when arresting someone who is asking for their rights to be read... read them!
I hope this state trooper get fired.
Eyes wide open. | 4:10 a.m. Nov. 23, 2007
This whole incident is a fine example of a naughty child who needed a good
spanking, but never got it.
If you actually watch the video, try counting how many times he disrespects and disobeys the officer.
The officer uses incredible restraint and dosen't taze the guy until he warns him and the guy still refuses to cooperate.
By the way did the UHP do a drug test on this clown?
If you actually watch the video, try counting how many times he disrespects and disobeys the officer.
The officer uses incredible restraint and dosen't taze the guy until he warns him and the guy still refuses to cooperate.
By the way did the UHP do a drug test on this clown?
BC | 5:05 a.m. Nov. 23, 2007
The driver should have handled the situation better, but so should have the
police officer. He is supposed to be trained to de-escalate such occurences.
What was his basis for how fast the person was driving. One balance, the
officer was probably more in the right, but too many times we run across
officers with a power syndrome. Do we live in Russia or a democratice U.S. I
wonder sometimes when I have to deal with the law.
Truth! You can't Take the Truth! | 6:04 a.m. Nov. 23, 2007
So everytime I get stopped..I can expect the village idiot on the other side to
have his taser at the ready. Each jurisdiction should have an open book policy
on tasing so that all us good , wholesome never did nothing wrong citizens can
avoid these areas all together! WWHHIIPPDDEEDDOOO!
MY | 6:23 a.m. Nov. 23, 2007
Just another millenial finding out that the world doesn't revolve around
him.
CJP | 6:38 a.m. Nov. 23, 2007
Both Massey and Gardner were emotionally out of control but does that justify a
�Shoot-out-at the OK Coral�
Harry | 6:55 a.m. Nov. 23, 2007
First of all, the repeated reference to the taser as a "non-lethal"
weapon is incorrect. It has caused many recent deaths - it is, after all,
electrocution and can kill anyone with a weak heart. It should be used
sparingly and only in violent situations, not a routine traffic stop.
Utah can now put out new state slogans:
IN UTAH, ELECTROCUTION IS NOT JUST FOR MURDERERS ANYMORE.
COME TO UTAH, AMERICA'S ABU GRAIB.
UTAH - WE'LL SHOCK YOU WITH OUR COURTESY, PROFESSIONALISM AND RESPECT.
UTAH - THE TORTURE STATE.
UTAH STATE MOTTO - "DON'T TASE ME BRO!"
UHP - WE ESCALATE TENSIONS.
UTAH - MARQUIS DE SADE TASED HERE.
Utah can now put out new state slogans:
IN UTAH, ELECTROCUTION IS NOT JUST FOR MURDERERS ANYMORE.
COME TO UTAH, AMERICA'S ABU GRAIB.
UTAH - WE'LL SHOCK YOU WITH OUR COURTESY, PROFESSIONALISM AND RESPECT.
UTAH - THE TORTURE STATE.
UTAH STATE MOTTO - "DON'T TASE ME BRO!"
UHP - WE ESCALATE TENSIONS.
UTAH - MARQUIS DE SADE TASED HERE.
Jim Platt | 6:57 a.m. Nov. 23, 2007
And another drug store attorney bites the dust....really needs to get a life
and quit watching law and order.
cavalier | 7:00 a.m. Nov. 23, 2007
My son in that area reports TWO salient facts-The area of the ticket is a VERY
popular speed trap due to non-sensical signage that has some real placement and
visibility problems.SECOND-He KNOWS EVERY,single person in law enforcement in
the Basin.He says very unkind things about ATTITUDE problems with this
officer.He just seems to have some personality defects.Perhaps he needs some
counseling..CLEARLY-BOTH men were in the wrong,neither deserves a medal.
The founding fathers! | 7:20 a.m. Nov. 23, 2007
When any system isn't allowed to ask questions, then there exists no room
for improvement. Hopefully other jurisdictions will use this incident as a
question! Don't do this to good America families..there was ignorance on
both sides, but when one is in a position of trust such as the officer...it is
the attitude of his leaders that will prevail. May the system not fail. Where is
the Justice ..when you don't answer up or you laugh it off as if trivial,
it is human beings not human subjects! How embarassing to the good officers and
leaders who do their jobs with convictions. As I recall there was an officer
from this area who gave his life and he never was the kind to go off with this
kind of hautiness! He was trully a servant of god and his fellow man!
Massey thinks he's boss | 7:33 a.m. Nov. 23, 2007
The FACT of the matter is, NONE of this would've happened if Massey
would've just signed the ticket. He was being completely disrespectful
from the first words out of his mouth. Who does he think he is to sit there and
argue with an officer on the side of the road? And then to sit there and demand
that the officer let him go look at a sign BEFORE he signs a ticket? Hey
Massey, maybe the taze helped you realize you have a serious ego problem.
Jimmy's Sneakers | 7:39 a.m. Nov. 23, 2007
Don't tase me Bro!
Stan O | 7:41 a.m. Nov. 23, 2007
Please allow me out start by saying the "victim"/Massey does share
culpability in this situation. He should have known better than to argue with a
COP. He didn't and that's where the trouble begins. Most of the cops
that I've dealt with have inflated egos and huge authority complexes.
Additionally, they are often narrow/close minded individuals. They believe that
since they carry a gun, they are always right.
The best thing to do in situation like this is take the ticket, hire a lawyer and humble the cop in court. Cop trumps civilian, lawyer trumps cop.
Cops often believe that they ARE the LAW, when in fact, they are simply there to uphold a law that elected officials I voted for passed. Additionally, cops tend to forget that it's my tax dollars paying their salaries.
Massey should have asked for the Utah DMV code that states he must sign the ticket. Then if the officer produced it, Massey should have signed it.
Driving is a Privilege, not a Right-and motorists do need to follow the laws/rules of the road.
That being said, Cops should be forced to show greater degrees of restraint before assaulting a less than dangerous man.
The best thing to do in situation like this is take the ticket, hire a lawyer and humble the cop in court. Cop trumps civilian, lawyer trumps cop.
Cops often believe that they ARE the LAW, when in fact, they are simply there to uphold a law that elected officials I voted for passed. Additionally, cops tend to forget that it's my tax dollars paying their salaries.
Massey should have asked for the Utah DMV code that states he must sign the ticket. Then if the officer produced it, Massey should have signed it.
Driving is a Privilege, not a Right-and motorists do need to follow the laws/rules of the road.
That being said, Cops should be forced to show greater degrees of restraint before assaulting a less than dangerous man.
Duke | 7:57 a.m. Nov. 23, 2007
Dude...don't tease me. I mean taze me.
JuJus Mema | 8:58 a.m. Nov. 23, 2007
Massey should have just shut up and signed the ticket. His insistence in arguing
escaladed the incident. He can always fight it in court. He is a sorry example
to his child in the car. An officer working in a remote area, without nearby
back-up, on a vehicle stop, with multiple occupants, has to do what he needs to
to get home safely. How many of these traffic stop videos show a seemingly calm
person turning violent and seriously injuring or killing the officer.
mk | 8:59 a.m. Nov. 23, 2007
This guy needs to settle down and realize he was in the wrong. He admits on tape
he was doing 68, So why he keeps asking "how fast was I going" is
silly. Second the officer tells him to stay on the ground and then Massey gets
up and follows the cop to the passenger side of the car. Next time, sign the
ticket and go to court. This guy got what he deserved. If he files a lawsuit he
will look just as silly as the guy who sued McDonalds because he got fat eating
their food.
Fire him | 9:05 a.m. Nov. 23, 2007
Fire the Trooper, and put his over-reactive personality and alpha-male attitude
in jail. I am glad the "suspect" didn't curse during the
encounter, the Trooper probably would have just shot him dead on the spot.
I see nothing wrong with questioning a Trooper's cognitive skills, the State obviously doesn't.
I see nothing wrong with questioning a Trooper's cognitive skills, the State obviously doesn't.
One Vote | 9:06 a.m. Nov. 23, 2007
I like Jason's raionale for going on U Tube. He felt it was his
"civic duty." Well, it's also our "civic duty" to
comply with requests from uniformed officers. Then there is that whole
"taking personal responsibility for our actions" thing.
The trooper could have acted more professionally but let's not take away all their tools or we won't be safe at all.
Remember, these Smokeys operate 30 minutes away from their back-up, sometimes more. Let them keep the tools they need.
And Jason, here in American you get a copy of the tape. Try getting your evidence in most countries. God Bless America.
The trooper could have acted more professionally but let's not take away all their tools or we won't be safe at all.
Remember, these Smokeys operate 30 minutes away from their back-up, sometimes more. Let them keep the tools they need.
And Jason, here in American you get a copy of the tape. Try getting your evidence in most countries. God Bless America.
Me, Myself, and I | 9:07 a.m. Nov. 23, 2007
First off...Im glad to see some support for this officer.
First: Driver broke the law by speeding
Second: Driver broke the law by refusing to sign the citation.
Third: Driver broke the law by failing to comply with the officers LAWFUL order to turn around and place his hands behind his back. Its called RESISTING ARREST.
This driver was nothing but disrespectful and arrogant during the entire stop. Even after being tazed, he kept it up. Not saying that arrogance is a reason to be tazed, but it goes to show why the officer had a justifiable reason to taze. As uncooperative as Massey was, how do you think he wouldve reacted if the officer would have gone "hands on" to make the arrest, rather than tazing??? I couold have been a lot worse than what it was. By using his tazer, the officer prevented a situation that would have probably would have caused injury to himself and Massey.
Could the officer been a better communicator? Sure. But it doesnt change the fact that he was justified in using the force that he used to effect a lawful arrest of a already non-compliant suspect.
First: Driver broke the law by speeding
Second: Driver broke the law by refusing to sign the citation.
Third: Driver broke the law by failing to comply with the officers LAWFUL order to turn around and place his hands behind his back. Its called RESISTING ARREST.
This driver was nothing but disrespectful and arrogant during the entire stop. Even after being tazed, he kept it up. Not saying that arrogance is a reason to be tazed, but it goes to show why the officer had a justifiable reason to taze. As uncooperative as Massey was, how do you think he wouldve reacted if the officer would have gone "hands on" to make the arrest, rather than tazing??? I couold have been a lot worse than what it was. By using his tazer, the officer prevented a situation that would have probably would have caused injury to himself and Massey.
Could the officer been a better communicator? Sure. But it doesnt change the fact that he was justified in using the force that he used to effect a lawful arrest of a already non-compliant suspect.
jeff | 9:19 a.m. Nov. 23, 2007
I say taze 'em all!!!
Law and Order | 9:21 a.m. Nov. 23, 2007
This is a clear case of the officer using excessive force. In the video the
motorist in no way demonstrates threatening or unusual behavior - he simply
refused to sign the ticket. The officer could have placed him under arrest
without the use of force. Massey has a strong chance of prevailing in any civil
case he files against the officer and the Utah Highway Patrol for brutality, for
excessive use of force, for unlawful arrest and for violating Massey's
Constitutional rights. The video will be extremely effective with any jury.
dave | 9:28 a.m. Nov. 23, 2007
the comments i'm reading are more scary than the actions of the officer. A
signature is the property of the individual who has total jurisdiction over
it's use. that's the whole point. No One should ever sign anything
they don't want to.
the scary part is how many people think it's okay for a police officer to taser someone TWO TIMES who is not threatening or violent. The officer has proven through his cowardly behavior that he is unfit to handle the stressful situations of his job. what if this were a really serious incident that required a level head and steady hand?
the scary part is how many people think it's okay for a police officer to taser someone TWO TIMES who is not threatening or violent. The officer has proven through his cowardly behavior that he is unfit to handle the stressful situations of his job. what if this were a really serious incident that required a level head and steady hand?
Rick! | 9:37 a.m. Nov. 23, 2007
You are right as UHP attitude is right on the screen! good call that's all!
Elayor | 9:55 a.m. Nov. 23, 2007
One of our constitutional rights as citizens of this country is the right to
know what we are being charged for. The motorist asked several times how fast
he was going. That's usually the first thing an officer tells you when
pulling you over for speeding, and if you are given a citation, or are arrested,
you have the right to know why.
Sure, putting your hands in your pockets and everything else is not a good thing to do in front of a cop, but Joe Normal American guy who has never been in a situation before looking at the business end of a weapon (taser or gun), let alone from a police officer, would be nervous and probably scared when put in that situation. Shouldn't we feel safe to be around our law enforcement?
The officer probably didn't even NEED to draw his weapon. If he would have told the guy how fast he was going, he would have signed the ticket and been off. It appears to me in the video that the cop was next to the speed limit sign waiting for someone to drive by. I doubt the actualy speed was ever taken.
Sure, putting your hands in your pockets and everything else is not a good thing to do in front of a cop, but Joe Normal American guy who has never been in a situation before looking at the business end of a weapon (taser or gun), let alone from a police officer, would be nervous and probably scared when put in that situation. Shouldn't we feel safe to be around our law enforcement?
The officer probably didn't even NEED to draw his weapon. If he would have told the guy how fast he was going, he would have signed the ticket and been off. It appears to me in the video that the cop was next to the speed limit sign waiting for someone to drive by. I doubt the actualy speed was ever taken.
re:Marcus | 10:08 a.m. Nov. 23, 2007
Not OK...
--but--
OK if you are drunk.
Why, does drinking alcohol lessen your civil liberties?
Do you know how many people nowdays are getting DUI's for adverse reactions to presciption meds, being tired, health conditions (Not that they should be on the road, but a person sufering a reaction to a heart medications should not be treated differently --tazed-- becuase they appear intoxicated.
I guess in Utah though, it's a safe statement. Help people be good mormons, taze them if they drink...
--but--
OK if you are drunk.
Why, does drinking alcohol lessen your civil liberties?
Do you know how many people nowdays are getting DUI's for adverse reactions to presciption meds, being tired, health conditions (Not that they should be on the road, but a person sufering a reaction to a heart medications should not be treated differently --tazed-- becuase they appear intoxicated.
I guess in Utah though, it's a safe statement. Help people be good mormons, taze them if they drink...
Very interesting | 10:14 a.m. Nov. 23, 2007
At first I couldn't believe how many people on this post found no fault
with the officer in this video. Then it became obvious. The officer, his girl
friend, his brother, are the ones posting on this article. Who knows maybee
they are all from the officer. Anyone with any common sense can see that the
officer was completely out of control and violated every principle of
"crisis" management which this was not.
First: The officer gave no explanation that by signing the ticket it was not an admission of guilt.
Second: If what the officer was doing was arresting the man he NEVER communicated that. He simply asked him out of his car and walked calmly back to his patrol car. The man was pointing at the sign and the next thing he knows he has a taser pointed at him which he thinks was a gun.
First: The officer gave no explanation that by signing the ticket it was not an admission of guilt.
Second: If what the officer was doing was arresting the man he NEVER communicated that. He simply asked him out of his car and walked calmly back to his patrol car. The man was pointing at the sign and the next thing he knows he has a taser pointed at him which he thinks was a gun.
Very interesting continued | 10:18 a.m. Nov. 23, 2007
The officer never said "due to you not signing a ticket I am arresting
you" (which I don't think is justification for arrest)
He simply pointed what the man thought was a gun at him. The man was in total disbelief just like I was when I watched the video. He was in shock. The officer told him to turn around, which is obvious the man was not processing. Then he did and the officer Tasered him in the back. "Turn around" he did, he got Tased.
This officer was totally out of lined with the way he handled a man who it looked like really didn't deserve a ticket. That is why he was upset. I would be too.
However the man acted totally inappropriately, he was mouthy, yet his actions in now way warrented the lack of communication, skill, training and use of excessive totally unnecessary force which he recieved.
The officer should be fired and sued. The man should be sited for being "mouthy" and "imature" if such sitations exist. Then the man should recieve money for the horror he endured.
I can't believe the officer is not on paid leave while this is investigated.
He simply pointed what the man thought was a gun at him. The man was in total disbelief just like I was when I watched the video. He was in shock. The officer told him to turn around, which is obvious the man was not processing. Then he did and the officer Tasered him in the back. "Turn around" he did, he got Tased.
This officer was totally out of lined with the way he handled a man who it looked like really didn't deserve a ticket. That is why he was upset. I would be too.
However the man acted totally inappropriately, he was mouthy, yet his actions in now way warrented the lack of communication, skill, training and use of excessive totally unnecessary force which he recieved.
The officer should be fired and sued. The man should be sited for being "mouthy" and "imature" if such sitations exist. Then the man should recieve money for the horror he endured.
I can't believe the officer is not on paid leave while this is investigated.
Skeptic | 10:27 a.m. Nov. 23, 2007
I looked up the "thousands" of police dying and found these stats for
this year. Google it. While not accurate for sure, there are certainly not
"thousands" of cops dying on road-side stops. Only in Hollywood
movies.
Accidental: 3
Aircraft accident: 3
Animal related: 1
Automobile accident: 43
Boating accident: 1
Bomb: 5
Drowned: 3
Exposure to toxins: 1
Fall: 1
Gunfire: 59
Gunfire (Accidental): 3
Heart attack: 5
Heat exhaustion: 1
Motorcycle accident: 5
Struck by vehicle: 7
Vehicle pursuit: 6
Vehicular assault: 9
Weather/Natural disaster: 2
Accidental: 3
Aircraft accident: 3
Animal related: 1
Automobile accident: 43
Boating accident: 1
Bomb: 5
Drowned: 3
Exposure to toxins: 1
Fall: 1
Gunfire: 59
Gunfire (Accidental): 3
Heart attack: 5
Heat exhaustion: 1
Motorcycle accident: 5
Struck by vehicle: 7
Vehicle pursuit: 6
Vehicular assault: 9
Weather/Natural disaster: 2
Sickened | 10:43 a.m. Nov. 23, 2007
It really disgusts me to read all of the obvious propaganda from gardners fellow
UHP officers in these comments. It also scares me a little. It would appear
that many of the UHP believe that gardners actions are completely justified.
Keep that in mind next time you see one of them walking the streets or shopping
or whatever. These are the bullies and criminals we tend to warn our children
about. Unfortunately, they are also the ones we pay taxes to to "protect
and serve." To each of you officers who made comments to this article, I
beg of you to PLEASE, PLEASE, PLEASE, not "protect and serve" me.
Watching Massey's ordeal was enough for me. Final note, I was happy to
stay on the sidelines on this one until I read all of these comments. I will
not join the many who are contacting Gardner's superiors to voice my
distress over this. To all of you reading who are not Gardner's friends
and co-workers, I would encourage you to do the same.
Deseret Morning News moderator | 10:45 a.m. Nov. 23, 2007
Comments that use personal insults will not be tolerated in this or any thread.
Discussion of behavior and decision-making is allowed. This thread will be
monitored very closely. The discussion must remain civil or comments will not be
posted.
Peace | 10:48 a.m. Nov. 23, 2007
What some people don't realize is that if you don't sign the citation,
the officer is allowed to arrest you. And so when he got out of the car, Massey
is lucky he wasn't shot by a real gun.
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The motorist was wrong. He should have have done as told and then taken his case to court. If there wasn't proper signage, then he'd have a good case. That's why we have courts.
While we saw an edited tape and anything's possible, the trooper was clearly out of line and contrary to professional training and standards. He correctly made the stop, issued the citation and asked for a signature. When the driver balked he could have explained that the signature was required in lieu of being taken into custody. When the driver turned away the trooper was correct to respond but the taser is the last resort before using fatal force and there were other options which he had not exhausted in the continuum of force. While the motorist is guilty of obstructing the officer, the officer's conduct should be probed by a special prosecutor to see if charges should be issued. Obviously the local prosecutor and the state attorney general have conflicts and independent review is needed. We need professional officers, not thugs with a badge.