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Taser victim says UHP is 'stonewalling'

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Please! | 10:55 a.m. Nov. 23, 2007
Mrs. Massey is also very lucky she didn't get shot! The trooper would have been very justified in drawing his weapon down on her also. She came charging out of that vehicle at the trooper who was busy dealing with her non-compliant, law-breaking husband. She came out of the vehicle more than once! How was the trooper to know she didn't have a gun? Even a knife at that close range, could have been a deadly force situation.
Mr. Massey thought that posting the video would win him sympathy from the public! Boy did that shoot him in the behind (pun intended)!
Concerned Citizen | 10:58 a.m. Nov. 23, 2007
In St Paul, Minnesota we had a situation where an officer threatened to cite people for not having the address on their garages. The citizens got upset. The supervisor came out to the meeting, explained why this requirement existed and that it would benefit emergency vehicles. It was explained and people put up the letters. Guess here we have Andy (of Mayberry fame) in charge of the police instead of Barney, or in Utah, maybe we should say Barney with an attitude.
Yes, the driver was wrong but unless the video was edited, the trooper did not say he was under arrest or warn the driver that he would be tasered.
Since CNN now has the UHP saying that the trooper's statement was unprofessional, I suspect that even the state now recognizes the PR problem they have.
Best of luck to both parties who were in the wrong. Police are given great lattitude: with great power comes great responsibility. It does seem that Taser came out of the holster quickly.
Unbelievable | 11:03 a.m. Nov. 23, 2007
While Massey could (and should) have been more deferential to the Trooper, he did absolutely nothing to warrant the Taser attack. Gardner was overzealous,(to the point of being almost sadistic); demonstrated woeful interpersonal skills; and deserves to be punished for his misconduct. (I seriously thought he was going to Taser the pregnant woman next. He was out of control.)
Comments continue below
Please! (?!?) | 11:09 a.m. Nov. 23, 2007
"Mrs. Massey is also very lucky she didn't get shot!"

I disagree -- I think the only real danger is that this Taser-happy Trooper was going to Taser a pregnant woman whose single crime would have been her distress over seeing her husband writhing in agony on the ground after being attacked by a Trooper with horrid personal judgment.

Any potential sympathy for this Trooper disappears when you hear him threaten to give Massey another Taser shock in retaliation for Massey committing the "crime" of asking to be read his rights.

Utah is often seen as being on the fringe of American culture, and Gardner's actions do nothing to help the situation.
hey officers! | 11:19 a.m. Nov. 23, 2007
Get back to work and make your comments on your time not mine! Let it go to court. Geez, the right to bear arms, militia , military madness is killing the country. One sees these guys strolling around with an attitude which just disgusts me as they try to define what the profession is!
Linda | 11:37 a.m. Nov. 23, 2007
I could not believe this when I saw it. The police force is out of control if they sanction this sort of thing. This police officer ought to be in jail.( or a dictator of a communist country.) Why is the system so careful with how they treat hardened criminals and murderers, and so horrible to ordinary citizens who may be in a hurry and go 5 or 10 over the limit.
Casey | 11:39 a.m. Nov. 23, 2007
Lets face it, most police are going to agree that this was a fair and correct use of the taser. The reason for this is that they do not want to make a decision, in other words they want free reign to use it as they see fit. Now I understand this weapon purportedly has saved many lives and could continue to do so, HOWEVER there must be rules regarding the taser's use and officers must be responsible to make sound decisions of when the rules allow them to use it. When they don't, come out and admit it and this is a case where they should simply admit it should not have been fired, at least until later in the altercation. I don't think this guy should be fired but he must be reprimanded, suspended, docked pay, undergo anger management, and receive extensive training with regards to the taser before being allowed to come back on patrol again.
Anonymous | 12:05 p.m. Nov. 23, 2007
you do not have to sign the ticket the officer is just pushing his weight around. young highway patrole officers no senior officers and a tazer.hmmmmm can you say big head. if he would of explained what what going on and told hime " I am placing you under arrest. PLEASE get out of the vehical and put your hands behinde your back." this would of never of happend. im a cops son i have seen this many of times with rookie officers! sounds to me like uhp has a big law suit on ther hands.
Rick | 12:10 p.m. Nov. 23, 2007
John says:

"please read Utah Code 77-7-24"

To John and the other people that are obviously cops themselves defending that lunatic UHP: Please get real. I know what 77-7-24 says. I could show you other ridiculous laws that are still on the books that I suppose you could rationalize tazing for (if you tried hard enough and drank enough liquor). Now, lets ALL come back down to earth from fairly-land. As I said before, You don't taze a guy, or arrest him because he "DID NOT FOLLOW MY INSTRUCTIONS" or refused to sign a ticket. Regardless of the how CORRUPT the UHP organization has become, judges couldn't care less a person refuses to sign a ticket, that is thrown out in almost ALL cases. That cop needs to be FIRED!!!!! PERIOD!!! I love the new Utah Slogans, by the way. You add "UHP WE CAN DO ANYTHING WE WANT TO ANYONE FOR ANY REASON!" And also the silly claim that "thousands of cops are dying" ROFL!!! Actually it's MILLIONS of cops are dying, EVERY DAY!... no wait, it's BILLIONS of cops... LOL
biff | 12:12 p.m. Nov. 23, 2007
first of all no one truly knows if he was speeding or not, probably another speed trap where the limit is 65 then cut down to 45 in the span of a few hundred yards. second off there is no law that says you have to agree with or sign anything a cop gives you. And there is such a thing as reasonable force, a person casualy walking around and asking what he has done does not need to "take a ride with the taser" and be knocked into the middle of the hwy. question: had the person being sited been ran over by a semi would the officer be on unymployment?
He never told him.... | 12:17 p.m. Nov. 23, 2007
Someone please explain to me how Massey can be "resisting arrest" when he was NEVER TOLD that he was being placed under arrest?

The cop never utters the words.

Disgusting behavior by a sadistic cop.
Dilly | 12:35 p.m. Nov. 23, 2007
Follow my points along with the video

(1) Watch closely as the officer walks back to the front of his patrol car to set down the items in his hands to make the arrest. Look at what a "vigilant" eye he kept on his would-be attacker as he walked, BACK to the suspect. Does that casual strut back to his car barely looking out the corner of his eye to see what is in the mans hands after he exits his car say much to you? Either he's (a) NOT a tactically sound operator with little to no situational awareness. (b) Or he felt no threat at all from Massey.

(2) Watch closely, again during that same moment, as the officer leaned towards his car to empty his hands. He is already reaching for the taser (he has to cross draw the taser) as he's turning around before he says anything to the kid about being arrested.

I could go on and on with logical reasoning for why this "peace officer" has got issues.

A question to ask yourself...if someone was pointing a taser at your chest or face...wouldn't any of us turn around and take it in the back??
Sowelo | 12:42 p.m. Nov. 23, 2007
Officer Gardner is an excellent example of why so many decent people do not respect, and even fear, the police. I have watched the video a couple times and this cop seemed too quick on the draw and too reluctant to listen. He seems to have some ego problems which make his judgment unreliable and his behavior dangerous.

Tell the Vernal Chamber of Commerce their town is one place I'll avoid visiting and spending money in as long as this trooper is on the road there.
JS | 12:55 p.m. Nov. 23, 2007
Actally Utah law gives Mr. Massey the right to argue the ticket on the spot. Also it gives the police officer the right to place the ticket into the car, or to write "Refused to sign" on the ticket. You give these "What if" scenarios... Well what if Mr. Massey was taking his pregnant wife (she was pregnant) to the hospital. Do you think he would have deserved A) an escort to the hospital, or B) to be tasered?

who cares | 12:57 p.m. Nov. 23, 2007
cops allways gets away with breaking the law even Ateranal aFairs will let the UHP OFFICER OFF like they always do cops lie and perge all the time its policey to lie
Blindly Support Your Police | 1:00 p.m. Nov. 23, 2007
Nice to see how people stand up for a cop that lied to his fellow cop. Gardner said to the other cop Massey was jumping around and that he warned Massey that he would get tasered. Neither are true.
Lynn Sanderson | 1:11 p.m. Nov. 23, 2007
You deserved what you got!! You try being a UHP today when people are killing them at will and you think you have the right to argue with them whether you were speeding or not. You were definitely flapping your mouth and being surely. Shut up next time. You probably could have gotten out of the ticket with some explanation to the judge but now you should be fined triple and spend a few days in jail.
LAT | 1:11 p.m. Nov. 23, 2007
What is the UHP the SS?

The police officer's behavior clearly escalated this issue. He could have defused this in a much better way. It appeared that he relished the opportunity to taser this young man. His discussion with the other officer seemed to indicate this. He didn't have to allow the young man to get out of the vehicle. It is this kind of behavior by law enforcement that scares because now any benign quesioning of law enforcement means they can taser you without having to answer for their behavior.
CM | 1:36 p.m. Nov. 23, 2007
Where I grew up if you shot someone in the back you were a coward or you don't have the correct job skills.
He probably was still mad about being second string on his High School football team.

He'll never be able to explain why he shot/tazed the guy in the back,it is a simple abuse of power.

With all that said he should have signed the ticket,its not worth endagering your wife and child.
rgk | 1:42 p.m. Nov. 23, 2007
Looks like if UHP Officer is allowed to Tazer someone WITHOUT WARNING -- we all need to start wearing helmet to protect our head when it hits the pavement after being Tazered for a speeding ticket -- this was NEEDLESS violence !!!
Sick and tired... | 1:45 p.m. Nov. 23, 2007
...of people who are unaccountable!!! Is it just me or did anyone else hear the driver admit he was driving 68 (or maybe 58)? Either way it was over 40...speeding is speeding is speeding and it is against the law! Who cares if he didn't see the sign...the truth is we all pretty much know how fast we are supposed to be driving...and if we're over that we are speeding...and if we get caught...hmmmmm...the policeman's fault??? Absolutely not! It is not the officer's fault...it is the driver's fault. Sign the ticket and move on. End of story. This country is going to hell in a hand basket becuase noone is expected to take responsibility anymore...it's always someone else's fault. I would much rather have the cocky defiant driver tased then have his SUV end up the tail end of another car on the road!!!
Jazz Fan Slapper | 1:46 p.m. Nov. 23, 2007
After watching this video, I have concluded that the cop should be fired. He is a hot head with poor communication skills. He used force without cause. He did not explain himself to Massey. He illegally searched the vehicle. He threatened Massey again. He lied to that dopey looking bald cop who showed up later. And the whole stop was probably illegal in the first place, as he could not even explain what Massey had done wrong. This is a shame. Makes me distrust cops.
LT | 1:50 p.m. Nov. 23, 2007
For those of you that say that he is lucky that he didn't get shot I would ask what country do we live in now? Do we have to be concerned that the UHP is the new Gestapo? Do we have to be concerned that our right to question a police officer will result in being shot? What a shame...

What is becoming of our country and our rights. I am disgusted at what happened and even more disgusted that those in Utah that profess to love the constitution are the first ones to abandon it.
UHP must be back at work | 1:53 p.m. Nov. 23, 2007
Notice how there is now hardly anyone defending the officer and almost everyone is siding with massey? Looks like there were a number of officers with the day off on thanksgiving and are now back at work. For the rest of us sane folk, we finished spending time with the fam and are just now viewing all of the garbage that people wrote yesterday. I guess the one good thing to come from this, is that if they were all busy commenting to articles in newspapers, they would not be out there tasering people. We should count our blessings!
K.. | 1:54 p.m. Nov. 23, 2007
...ask yourself this question? If he WAS taking pregnant wife to the hospital doesn't it make more sense to sign the ticket and move on? Come on...law enforcement is not out there to disrupt anyone's day..they are out there to keep you and your family safe...especially on the road. How many would be on Mr. Massey's side had the "what if" scenario gone like this:

Instead of being pulled over, the officer was responding to a rear end, high speed crash on the highway where Mr. Massey's SUV lays inches from the other car...rescue workers had to extricate the victim and a child from the mangled honda accord. Both were pronounced dead on the scene.

How many of you supporters would now think to yourselves..."wish he'd have been caught before this happened."?
Matthew | 2:11 p.m. Nov. 23, 2007
If Mr. Massey really believed he was in the right, he would have posted an un edited video. UHP will decide if the officer violated policy. It is already apparent that Mr. Massey violated common sense and possibly the law.
Bob | 2:20 p.m. Nov. 23, 2007
What is even more scary is that I saw on another forum for police officers where this incident was being discussed. The majority of the responses from officers were that that Massey got what he deserved. So beware there are a lot of other officers who would have no trouble doing the same thing.

There were dissenters also who said Gardner was unprofessional and escalated the sitation when he didn't have to, but I was disturbing to see so many siding with Gardner.
Edited Video | 2:46 p.m. Nov. 23, 2007
You people who are judging the officer, please remember all you know is what Massey's very edited video shows you and what Massey says happened.

Massey acted like a spoiled brat. Our family agrees with Lynn Sanderson, 1:11.
I Don't Know What | 2:56 p.m. Nov. 23, 2007
We expect to have happened out there with the UHP. Afterall, they are paid less than $14.00/hr as a starting wage. What sort of "professional" law enforcement officer do you think you can get for the same kind of money that McDonalds pays for their assistant managers? Until that changes the better and more "professional" officers will choose to work for other agencies because of the pay differences. Can't blame them.

That being said, Gardner had no business being that quick on the taser. He could have done a much better job explaining the possible consequences to Massey and avoided the whole thing happening the way that it did. Massey had no business arguing as much as he did with Gardner either. Refuse to sign and let him hand you the ticket marked that way. And then shut up and drive away.

Both parties are guilty but the greater guilt lies with Gardner and UHP. Pay them better and train them better and watch for signs of an "out of control" officer with a power and ego complex.
LMAO! | 3:06 p.m. Nov. 23, 2007
Some of you are amazingly uneducated...its almost comical!!

Let me correct a few errors I have read:

"There have been over 2000 tazer deaths"....WRONG!! There is yet to be a death caused by a TAZER. Tazers have been listed as a contribuiting factor, but not the sole cause. Those who think it will kill you if you have bad heart have no idea how they work. The voltage is what gives you a shock...wattage is what kills you. The wattage on a tazer is not enough to cause death or serious injury.

"Tasers should only be used in violent situations"...WRONG AGAIN! Tasers were implemented so that officers would not have to go "hands on" with non-compliant suspect...as Massey obviously was. It is a tool that has greatly reduced the number of injuries to officers and suspect.

"He didnt tell Massey he was under arrest, so Massey couldnt have been resiting arrest." WRONG..An officer does not have to tell you "YOU ARE UNDER ARREST" for you to be under arrest. Once he told Massey to turn around and put his hands behind his back, Massey was being arrest. Massey refused to comply, and therefore resited arrest.


Cops | 3:36 p.m. Nov. 23, 2007
Bad boys bad boys -- whatcha gonna do? Whatcha gonna do when they Taser you?
Why OJ Simpson was acquitted | 5:14 p.m. Nov. 23, 2007
Law enforcement in America has a big problem. The same problem that law enforcement has in banana republics around the world -- they are not trustworthy. Law enforcement in America is not as well known for taking bribes, but incidences of planting evidence and beating people up are too common. We place too much blind trust in law enforcement in America to do which is right, which gives law enforcement too much power to act abusively to those they are entrusted to protect. Because law enforcement cannot be trusted, jurors refuse to believe police when they testify in court, and people like OJ Simpson are acquitted. If we want a better justice system, we need better, more honest people behind the badge.

I have friends in law enforcement and quite truthfully, they work very similar to criminal gangs, the only difference is they have badges, and they don't go to jail when they beat or shoot someone. They give each other a "free pass" for speeding and other infractions. It would be nice if they would demand the same compliance for themselves they demand from people they are supposed to protect and serve.
i got out | 5:22 p.m. Nov. 23, 2007
stuff like this is why people laugh at us in utah.

it's a shame, it stinks, but it's true.

the UHP's refusal to investigate this (and dragging your feet is still refusal) is really a lowdown dirty shame.

i'm just happy he didn't tase the guy's wife. though i expect that might have sparked outrage. i don't know what it is with the UHP. we have great cops in our cities in Utah (the SLCPD is a model of class and responsibility...i wish the Seattle cops would take lessons from them) and most UHP troopers are good folks. this officer, however, is clearly unglued. and i'd figure maybe the profanity on tape might merit some attention, too. sure offended me.
great guy | 5:34 p.m. Nov. 23, 2007
Massey was defiant and displayed a combative attitude. A friend, who was a career sheriff, told me whenever you are pulled over by an officer the officer has no idea of who you are and what your going to do. Place your hands on the steering wheel until instructed otherwise. Should we require that our troopers have a fist-fight with every clown that wants to be a tough guy at a traffic stop? If we were talking about Massey being shot with a .45, I'd say the officer over-reacted. Tasered? this guy deserved it. Give the officer a medal!
New Toy | 6:06 p.m. Nov. 23, 2007
There is clearly fault on both side. Everyone can see that. However the Trooper has had 14 years of training to handle situations like this. And if that is his way of handling the situation then I believe all UHP Troopers need to be retrained. It is hard for me to believe that this is the first time that anyone has argued with a Trooper before. And for the situation to happen the way it did both are to blame. The Trooper should be punished for his actions as well as the motorist. This was not a man out of control. He asked questions and the Trooper never tried to use his skills that he was trained, to handle this better.
Real Estate Junkie | 7:10 p.m. Nov. 23, 2007
Hey New Toy, I'd like to see what you would do if you were a law enforcement officer giving a direct order for someone to put their hands behind their back only to have them walk away from you with one hand partially in a pocket and the other hand out of your sight.

If an officer is aiming a taser at me and giving me a direct order, then I'm smart enough to know what will happen to me if I don't obey the order. Massey is lucky the cop was aiming a taser at him and not a gun.

Massey should be ashamed of putting his wife through that.
Sick and Tired | 7:45 p.m. Nov. 23, 2007
Isn't it a sad commentary on our society that Mr. Massey and others, including some who see the video and comment on it, are quick to condemn Officer Gardner and not to make mention of the most important fact of all. That Officer Gardner overreacted is probable, but if Mr. Massey had complied with the directives of the police officer there would have been no cause to overreact and the whole incident would have been avoided. He (Mr. Massey) was likely speeding, he (Mr. Massey) was belligerent, he (Mr. Massey) refused multiple direct orders from a police officer, and yet all that many people see is the overreaction to each of these acts. If Mr. Massey had behaved as he should have done, Officer Gardner would not have acted in the way he did.
Ron | 7:50 p.m. Nov. 23, 2007
It sounds as if many of these comments were posted by UHP PR people. The office was wrong to taser an unarmed, non-threatening citizen. Period. Over 300 people died in the U.S.A. last year from being electrocuted by Tasers. Would the defenders of unprovoked use of Tasers continue their support if death had ensued?
UHP Officer | 8:41 p.m. Nov. 23, 2007
Under the guise of annonymity I will say that judging only by the video officer gardener did not apply principles conflict management as taught to all UHP officers. He did not place Mr. Massey under arrest therefore Mr. Massey could not have been resisting.

With that said let me assure you that this officers level of professionalism and judgment do not in any way reflect that of the overwhelming majority of Highway patrolmen.



Thoughts | 9:24 p.m. Nov. 23, 2007
Has anyone noticed/pointed out that the officers statement of the incident only MINUTES after it happened are wrong?

"I told him if he didn't sign the ticket, fine, Ill put you under arrest." - He told Massey to get out of the car, he NEVER said he was under arrest.

"I told him to turn around and put his hands behind his back, he didn't, he was back and forth jumping around, here and there, I told him to turn around again and he didn't, so I pulled my taser and told him, turn around right now or I will tase you." - Massey walked out of the car in a direct straight line pointing backwards. The officer immediately pulled his taser and fired WITH NO VERBAL warning.

Thank goodness for this video. It is probably the only way we would ever know the truth of what happened.
Dirty | 10:26 p.m. Nov. 23, 2007
As a police officer if your gonna order an individual out of his car to arrest them as soon as they step out you should be behind them and direct them to put there hands on the vehicle and place them under arrest. why let the man walk freely everywhere? and to tase him twice, thats clearly excessive force especially when he is on his back on the ground. this officer needs to have a grand jury indict him in federal court.
KP | 10:25 p.m. Nov. 23, 2007
Massey is a complete hot-head in the video, I would have tasered him too. Does he think he is above the law to ignore an officer's instructions, walk away from an officer? Sign the ticket and contest it in court. He should be more responsible, ESPECIALLY with a pregnant wife.
Max | 11:08 p.m. Nov. 23, 2007
I was curious about why the sound was removed from the start of the video, when the cop car pulled onto the shoulder in such a way as to hide the low-to-the-ground 40 MPH sign from the vehicle behind him. Was he making some reference over the radio to this obvious attempt to set up a speed trap?
leek | 11:45 p.m. Nov. 23, 2007
I think the officer was wrong and that he used excessive force. His joke about tasering Massey wasn't funny. Massey's questions weren't unreasonable, although I'm sure he now knows to choose his words more carefully around cops, who must be handled with as much care as the weapons they carry.

I once encountered a trooper in my state (TX) who jokingly asked whether I had bazookas hidden in my trunk, apparently in an attempt to gauge my personality. I'm always uneasy around cops, and so maybe he thought my uneasiness around him meant that I was hiding something illegal, so he used a sick joke to see if I would ease up. I didn't laugh, but responded truthfully "no". He finally let me go with only a warning for speeding, but you could tell he was uneasy too.

Also, no-one's asked whether this 40 MPH (construction?) zone is being used as a speed trap for revenue, and thus for purposes other than public safety. The officer seems rather zealous about the 40 MPH, concerned more about writing tickets than ensuring safety.

The officer should get a reprimand and retraining, and Massey should get damages, but neither side should be crucified.
norespectforpolice | 3:40 a.m. Nov. 24, 2007
This is absolutely disgusting. This is what America has become. Police think that they can just pull a tazer out and shock law abiding citizens who are obviously not a threat to them, just because they wouldn't bow and scrape for him. This is exactly why nobody has any respect for law enforcement; they act like animals.
New Toy | 4:50 a.m. Nov. 24, 2007
TO Real Estate Junkie: my point is this...it should never had gotten to the point of having to use the taser gun. Troopers have been trained to deal with situations like this. To say the motorist is not partially to blame is pure ignorance. But to say that this guy had it coming is even more ignorant. As a teacher I don't have the benefit of having a taser gun everytime a student is not behaving. I have to use people skill that I have learned to help the situation. It is clear that this Trooper either A)didn't want to use his skills that he had been trained or B)was on a power trip himself. IT IS THE TROOPERS RESPONSIBILITY TO HAND THESE SITUATIONS PROFESSIONALLY. 14 freaking years of experience and this is the best way this Trooper could handle the situation??? I don't buy it. They both are to blame.
Nuff Said | 6:54 a.m. Nov. 24, 2007
Fact- Gets out of vehicle with hand in or close to pocket and then turns and starts back towards the vehicle.

Both actions would raise the question of does he have a weapon in his pocket or is he going back to the vehicle to get a weapon.

He got tased and has learned a lesson for the future. Obey and Officers orders if you get stopped again.
Jerry Kroeger | 6:59 a.m. Nov. 24, 2007
An interesting variety of comments, consensus is - TWO FOOLS MET
Rosemary N. Palmer | 7:37 a.m. Nov. 24, 2007
I hope citizens write something more than comments here. Send letters to UHP. Send them to legislators.

Since we are all concerned that law enforcement is a tough job and we want to keep officers safe, the pendulum has swung to the point that some defend what happened here. When society accepts that mouthing off to an officer or contempt of cop is an acceptable reason for restraint, tasering and/or arrest, we have a police state where officers decide what crime is. And if society comes to the point where it accepts that one can resist arrest, when they've never been told they are being arrested, then officers are given waay too much power.

Whether the driver's behavior was stupid and even scary is not the issue. Officers are supposed to be adequately trained to de-escalate such circumstances.

Tell you leaders that you do NOT want it to be legal to taser in these circumstances. Tell them that you do not accept that officer safety concerns gives them the right to arrest or otherwise retaliate against people because they are mouthy and disrespectful. Tell them that only threat to safety should justify force.
Jake | 11:57 a.m. Nov. 24, 2007
I have completely changed my opinion on this which was at first pretty bugged with the cops. I will admit I didn't see the video at first. After seeing the video, I think that this Massey character was acting like a fool. You see him look at the camera a few different times as if he was already planning this lawsuit. It is very interesting. I don't know the procedure for tasering somebody or even arresting somebody, so this officer could have been way out of line, but the driver seriously made something out of nothing here.

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