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Taser victim says UHP is 'stonewalling'
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Re:Rick | 1:54 p.m. Nov. 24, 2007
I like your comment to John, "I dont agree with that law, so it isnt
valid". And people wonder why things like this happen.
Preston A. Hamilton | 4:54 p.m. Nov. 24, 2007
there are policies and procedures for when an arresting officer can use
"use-of-force" applications in making a arrest against an individual.
in this case against Massey, the officer is clearly in the wrong for not
following these policies.
first, the offense has to be an arrestable crime, here refusing to sign a traffic is very minor not a threat to society. Secondly, the officer's unprofessional decision to arrest has to be announced to the arrestee and the crime be told. (not done by the officer). In effecting an arrest there are five levels of use of force, this officer started out at level FOUR. the next level is deadly force, level five.
so to be quite frank, the officer is way out of policy and should reprimanded by his superiors.
and to Mr Massey, contact your attorney for a federal excessive force and constitutional rights violations lawsuit.(4th,8th,and 14th). I am an attorney but not near your district. i would have a field day with this "rogue" cop and implement new policies were these type of injustices do not occur in the future to our fellow citizens.
first, the offense has to be an arrestable crime, here refusing to sign a traffic is very minor not a threat to society. Secondly, the officer's unprofessional decision to arrest has to be announced to the arrestee and the crime be told. (not done by the officer). In effecting an arrest there are five levels of use of force, this officer started out at level FOUR. the next level is deadly force, level five.
so to be quite frank, the officer is way out of policy and should reprimanded by his superiors.
and to Mr Massey, contact your attorney for a federal excessive force and constitutional rights violations lawsuit.(4th,8th,and 14th). I am an attorney but not near your district. i would have a field day with this "rogue" cop and implement new policies were these type of injustices do not occur in the future to our fellow citizens.
Comments continue below
Jeremy | 5:46 p.m. Nov. 24, 2007
I think the officer did the right thing. I am suprised that Massey has not filed
a law suit yet because this whole thing looks like a set up to me. Like a person
dumping hot coffee on themselves just to get some money.
Matt | 8:36 p.m. Nov. 24, 2007
Oh and by the way, the reason Massey hasn't filed a lawsuit is because he
will lose it. He will only file it to waste Utah's time and money, instead
of accepting responsibility for his actions....
NHP | 11:36 p.m. Nov. 24, 2007
Dont judge cops until youve walked in their shoes for a while. What seems like
behavior that you think is no big deal by Massey is actually VERY risky for
cops!
This officer did what had to be done under the circumstances.
This officer did what had to be done under the circumstances.
Anonymous | 12:56 a.m. Nov. 25, 2007
NHP -- It's risky for cops if the person in question is actually a
dangerous criminal. Massey was obviously not a criminal, he was just this
nebbish dweeb who was upset because the arrogant cop wouldn't tell him what
was going on.
With all due respect to the outstanding men and women of law enforcement, among whom I wouldn't include Gardner, the problem with police psychology -- which proceeds on the presumption that everyone is, or could be a perp -- is that it causes situations like this to escalate.
Cops look at this from a perspective in which they are always enforcing the laws and thus in the right, so that if a situation like this happens, it is the citizen's fault.
Policemen need to take a step back and look at the specific issues involved (speeding, perhaps not responding to the officer's requests immediately, and possibly disrespecting him). Were the reasons that he would be arrested, stopped or involved with the law at all so serious that an officer should even consider employing force where it's not absolutely necessary?! I really don't think so.
With all due respect to the outstanding men and women of law enforcement, among whom I wouldn't include Gardner, the problem with police psychology -- which proceeds on the presumption that everyone is, or could be a perp -- is that it causes situations like this to escalate.
Cops look at this from a perspective in which they are always enforcing the laws and thus in the right, so that if a situation like this happens, it is the citizen's fault.
Policemen need to take a step back and look at the specific issues involved (speeding, perhaps not responding to the officer's requests immediately, and possibly disrespecting him). Were the reasons that he would be arrested, stopped or involved with the law at all so serious that an officer should even consider employing force where it's not absolutely necessary?! I really don't think so.
Anonymous | 3:58 p.m. Nov. 25, 2007
This is just another consequence of consolidated power in a big government with
extensive power over individuals. Do what you're told by the government,
or else they'll MAKE you do what you're told.
The rediculously low 40 mile-per-hour speed limit is also government run amok. If the government were serious about safety (instead of revenue), they'd quit licensing people who can't drive safely along a wide, rural highway at speeds above 40 miles per hour.
The rediculously low 40 mile-per-hour speed limit is also government run amok. If the government were serious about safety (instead of revenue), they'd quit licensing people who can't drive safely along a wide, rural highway at speeds above 40 miles per hour.
jaz | 5:00 p.m. Nov. 25, 2007
they were both in the wrong but the cop went to far and got there way to quick
n/a | 5:40 p.m. Nov. 25, 2007
The policeman should lose his job, and think about how he handled the situation.
David | 7:22 p.m. Nov. 25, 2007
You are NOT legally required to sign a ticket. The guy did nothing wrong. The
officer should lose his job and retraining of all remaining officers should take
place immediately!
Scott | 9:56 p.m. Nov. 25, 2007
This officer is'nt helping anybody... Fire him!
Anonymous | 11:14 p.m. Nov. 25, 2007
You dont want cops like that on the force.
He is suppose to address the situation and not provoke it. The cop should have just done his job and explained the ticket. I have had tickets and those cops were professional. They explained the ticket and options about it. I didnt like the ticket but I respected the officer - because he was professonal.
This cop was not professional and should be fired.
Whether the taser is lethal or not it was still excessive force. Same as a cop slapping someone in the face. Its still assault.
Jacko | 9:34 a.m. Nov. 26, 2007
Charlie Chan , your right. This would not have happened in England.
jafotrooper | 10:53 a.m. Nov. 26, 2007
It's so OBVIOUS that our "brotherhood" has a band of "roving
bloggers" assigned to monitor and defend Trooper Gardner's actions -
wherever there's a newspaper or TV station website, when too many stories
start piling up denouncing Gardner's dispicable misuse of power, you start
seeing the blatantly obvious and rediculous comments from law enFORCEment
rushing to the defense of Mr. Gardner
Don't beleive me, just look below...dozens of comments chastising Gardner for his unjustified tasing, and then - we, the cops, "Release the hounds!" (As shown just below)
The kid was snotty, but he broke NO laws!
(I Can't tell you how many times I would like to have wrapped kids like Massey over my cruiser hood and tanned their hides)
Trooper Gardner's actions were questionable at best - he had NO need to deploy taser. He DID have a right to give the driver A: A reason and a radar reading; and B: The dirver's Miranda rights.
Heck, Trooper Gardner could have avoided this whole debacle with just an ounce tact.
He makes GOOD cops like me look BAD!
He should get some anger counceling - it sure helped me!
Don't beleive me, just look below...dozens of comments chastising Gardner for his unjustified tasing, and then - we, the cops, "Release the hounds!" (As shown just below)
The kid was snotty, but he broke NO laws!
(I Can't tell you how many times I would like to have wrapped kids like Massey over my cruiser hood and tanned their hides)
Trooper Gardner's actions were questionable at best - he had NO need to deploy taser. He DID have a right to give the driver A: A reason and a radar reading; and B: The dirver's Miranda rights.
Heck, Trooper Gardner could have avoided this whole debacle with just an ounce tact.
He makes GOOD cops like me look BAD!
He should get some anger counceling - it sure helped me!
Janey | 11:54 a.m. Nov. 26, 2007
We would never have known about this rogue UHP guy had all this not gone down.
Mr. Massey is probably in trouble for not doing what this Smokey the Bandit
trooper said. He'll get no support because the superiors and the judge will
not want to compromise the lawmen's integrity. But now that we know, just
what are Gardner's superiors going to do about it? Are they the
"boy's club" and protect him no matter what, or are they going to
re-think putting him in an ego position to hurt people. What about the other
"troopers" who got a good back-slapping time at Mr. Massey's
expense? These guys don't care about us (Massey was bleeding and in
terrible pain). They only want that harumph feeling of being Wyatt Earp. The
philosophy is "Do what I say, or die."
Gregory R | 3:51 p.m. Nov. 26, 2007
Mrs. Massey would have been completely within her rights to respond to
Gardner's assault on her husband with whatever force was necessary to
disarm or disable the officer and rescue Jared Massey. Under the circumstances,
with her husband lying bleeding and stunned by the side of a highway because of
the actions of an armed and aggressive man, the pregnant woman might well have
been fully within her rights to draw a gun and shoot Officer Gardner.
It's fortunate that didn't happen.
It's fortunate that didn't happen.
Shocking | 8:18 p.m. Nov. 26, 2007
This "officer of the peace" is no peacemaker. He could have handled
the entire affair with a hint of wisdom and/or restraint, but, instead, tasered
and then arrested someone whose only "crimes" were (a) speeding; and
(b) not being sufficiently deferential to a cop. In light of the fact that
people on rare occasions actually die from being tasered, this was an excessive
use of force, and the officer should, at the very least, be reprimanded severely
for his poor judgment.
And if Utah Highway Patrol doesn't take appropriate action, then they will succeed in making the otherwise wonderful State of Utah look even more peculiar than it already does to the rest of the country.
And if Utah Highway Patrol doesn't take appropriate action, then they will succeed in making the otherwise wonderful State of Utah look even more peculiar than it already does to the rest of the country.
Sounds like there . . . | 9:09 p.m. Nov. 26, 2007
Are many people here that are more concerned about Utah's reputation than
the safety of police officers.
Wayne Hancock | 10:21 p.m. Nov. 26, 2007
Perhaps a little more training for the UHP officer, if anything. Scary stuff to
see the officer and offender behave as they do while just a few feet from
traffic. And that hand going into the pocket! And the hysterical woman
emerging from the car! Had I been the officer, I probably would have drawn my
gun and had them all prostate before replacing it, so I'm glad for the
taser technology. I hope that the newspaper provides a follow-up story to this
encounter.
Nick | 10:50 p.m. Nov. 26, 2007
There were mistakes made by both Mr. Massey and the officer. First and
foremost, why not sign the ticket? That is one of the stupidest things I have
ever seen(you can protest later; after all, they have it all on tape.) Also,
Masseys resist was completely immature and dangerous. All those things asside,
the officer set Massey up for a completely ridiculous and unfair ticket.(watch
the beggining of the video. Massey didn't protest for nothing.) Secondly,
under NO circumstances should a man be tazered for refusing to sign a speeding
ticket even if there appears to be the possibility of a concealed weapon! The
officer is carrying a loaded weapon and a 50,000 volt tazer for pete's
sake. Doesn't Mr. Massey have the right to defend himself as a human
being? I believe the officer should be punished for his actions of unreasonable
assualt just as any other human being would be.
No Brainer | 9:22 a.m. Nov. 27, 2007
That Trooper was a 14-yr veteran?!?! He illustrated nothing buy incompetence
and ignorance from the time he position his car during the traffic stop. Not to
mention his inferior attitude would make anyone question if he was even a real
cop / trooper / deputy. Aside from UPH stone-walling attempts of providing a
copy of unreadable video....Since when does any credited or unaccredited law
enforcement agency tape w/out a date and time? Based off the video, the stop
was invalid from the get go.
THat is just WRONG! | 11:24 a.m. Nov. 27, 2007
Law enforcement officers must follow the law and refrain from infringing upon a
citizens' rights. Mr. Massey's rights were infringed by officer
Gardner and the officer needs to be held accountable for that. An officer has no
right to retaliate against a perceived lack of respect, just as a citizen can
not force someone to respect them. The situation was not mitigated, but
escalated, by officer Gardner and he should be held accountable for his actions.
If anything officers should be held to a higher standard and not excused for
poor behavior.
Jackie | 3:59 a.m. Nov. 28, 2007
Mr Massey should have signed the ticket, and taken it to court if he thought he
was innocent. The side of the road is no place to be arguing your case.
Massey should view that as a learning experience to give police officers the respect that they deserve.
Massey should view that as a learning experience to give police officers the respect that they deserve.
I'm A Cop | 3:15 p.m. Nov. 28, 2007
this is just plain abuse of power. this is what happens when a big ego and a
short temper get connected. i have never tased a person for being upset over a
speeding ticket. and if the officer would of lowered his voice and not screamed
at the gentleman this would of been avoided. As a Police officer Sergent i would
recomend that this officer be relieved of duty for good if he was in my
department.
Tom | 4:18 p.m. Nov. 28, 2007
I find this whole "Police Officers can do no wrong" attitude very
troubling in this country. Massey's first question about how fast he was
going was answered with a question from Officer Gardner. "How fast do you
think you were going?" It was clearly the officer's intention to cite
the man for speeding, so why doesn't Gardner just answer Massey's
question about his speed from the get-go? He has a right to know this
information. Gardner could have also told him, long before he ever asked him to
exit his vehicle, that signing a speeding ticket is not an admission of guilt,
and that failing to sign it can be an arrestible offence.
Simple communication could have deescalated any anger, thus preventing all of this, and for a 14 year veteran, Gardner handled this whole event about as poorly as possible. He will certainly be facing a civil suit over this event, without question, as he indeed should. It's to bad taxpayers will end up having to pay for the manner in which he chose to handle this case.
Simple communication could have deescalated any anger, thus preventing all of this, and for a 14 year veteran, Gardner handled this whole event about as poorly as possible. He will certainly be facing a civil suit over this event, without question, as he indeed should. It's to bad taxpayers will end up having to pay for the manner in which he chose to handle this case.
Thotman | 12:07 a.m. Nov. 29, 2007
I see that numerous officers are posting the "police think
explanations" in the latest comments. The reality is however that the
officer let the situation escalate rather than defusing it. He did NOTHING
correctly. He failed to inform the driver of why he was being stopped. He failed
to tell him where he was clocked and the speed. He failed to tell him that
signing was not an admission of guilt. He failed to tell him why he was
commanded out of the car, then turned his back on him before screaming at him to
turn around,and then tasering him. TWICE,the second time for not moving when he
had been immobilized. He terrorized the mans wife and threatened her with jail.
He joked about using the taser with the sheriff. He allowed the driver to walk
aimlessly after being handcuffed. Searched the car without permission or cause.
Did not follow procedures of arrest. Lied to his peer about having given taser
warning. Showed the communication skills of a 6 year old and the manner of a pro
wrestler. In short he should be fired for such incompetence. yep, MOVE or I will
JOLT you AGAIN.
bi cheng tian | 12:11 a.m. Nov. 29, 2007
The policeman was way out of line. you kidding me? the guy was no threat. he
asked to look at how fast he was going and had every right to. the stupid cop
said get out of the car and so he thought he was going to look at how fast he
was going. as he is walking he is pointing to the speed limit sign. is that some
sort of threat?
Im so sick of cops who think they have so much authority and that they can just do anything they want. this was a simple traffic stop with a guy who posed no threat, but he thought he had to be cool and use his taser. what a jerk. then his buddy cop shows up and he brags to him how he used his taser and his buddy says "good for you." wow, this is who we have "protecting us"? looks more like hurting us if you ask me. mr massey im 100% on your side. sure this situatin could have been avoided if he would have signed the ticket, but he wanted proof first. the cop did his job wrong and should lose it.
Im so sick of cops who think they have so much authority and that they can just do anything they want. this was a simple traffic stop with a guy who posed no threat, but he thought he had to be cool and use his taser. what a jerk. then his buddy cop shows up and he brags to him how he used his taser and his buddy says "good for you." wow, this is who we have "protecting us"? looks more like hurting us if you ask me. mr massey im 100% on your side. sure this situatin could have been avoided if he would have signed the ticket, but he wanted proof first. the cop did his job wrong and should lose it.
unbelievable | 12:23 a.m. Nov. 29, 2007
This is actually believable. cops these days think they have way too muc
authority when they really dont. the cop walked very slowly to his car with his
back turned to massey mind you, think he thought that he was a threat? this cop
was just upset because massey wanted to see how fast he was going and wanted
proof. if you're getting cited for something, wouldnt you want proof?
yes, cops are suppposed to "protect and serve" sure didnt see any of that goin on in this video. when the cop pulled his taser, massey is just thinkin to himself "what is wrong with this guy? is he serious? i didnt even do anything." to all of those who support the cop, better check your priorities. he had no right what so ever to shoot him with a taser. ;this cop did his job way wrong and should lose it for what he did.
yeah massey could have signed the ticket, but if i believe im innocent, you better believe i will argue. and for mrs massey, what do you want her to do? just sit there while this cop is beating him up?
yes, cops are suppposed to "protect and serve" sure didnt see any of that goin on in this video. when the cop pulled his taser, massey is just thinkin to himself "what is wrong with this guy? is he serious? i didnt even do anything." to all of those who support the cop, better check your priorities. he had no right what so ever to shoot him with a taser. ;this cop did his job way wrong and should lose it for what he did.
yeah massey could have signed the ticket, but if i believe im innocent, you better believe i will argue. and for mrs massey, what do you want her to do? just sit there while this cop is beating him up?
Out of Line | 8:28 a.m. Nov. 29, 2007
Jackie,
Officer Gardner should be fired immediately and view it as a learning experience to treat citizens with the respect that they deserve.
No one is required to show respect to anyone else and it is a violation of rights to force someone's respect through force.
Professionalism and respect are required while performing duties in a professional capacity and Officer Gardner failed to display either of those qualities.
Officer Gardner should be fired immediately and view it as a learning experience to treat citizens with the respect that they deserve.
No one is required to show respect to anyone else and it is a violation of rights to force someone's respect through force.
Professionalism and respect are required while performing duties in a professional capacity and Officer Gardner failed to display either of those qualities.
Frank the Tank | 6:20 a.m. Dec. 1, 2007
The UHP needs to sack up and admit that the cop was wrong.
Jesus | 3:43 p.m. Dec. 1, 2007
Genereally speaking;
In observing the increasingly poor conduct of our nations police officers over the last 20 years, I find myself arriving at the conclusion that; THEY are the people who are displaying the TERRORIST behavior based on their own psychological insecurities. And they masterfully execute it with arrogant impunity and a lack of value for human life.
Sounds like a great marketing strategy if your attempt is to lose public trust and respect towards your organization.
In observing the increasingly poor conduct of our nations police officers over the last 20 years, I find myself arriving at the conclusion that; THEY are the people who are displaying the TERRORIST behavior based on their own psychological insecurities. And they masterfully execute it with arrogant impunity and a lack of value for human life.
Sounds like a great marketing strategy if your attempt is to lose public trust and respect towards your organization.
Critch | 6:05 p.m. Dec. 2, 2007
I agree 100%. The first time i saw the video i thought maybe massey was being a
little smart with the cop, but after looking at how the cop conducted his
information to massey. The cop was way wrong. He had no right to do what he did.
Especially without telling him what was going on. There were no real warnings,
just get out of the car, turn around, and bam tazzed. I would hope that most
cops would exsplain that #1 it is against the law not to sign,#2 this isnt an
addmition of guilt,#3 you can fight this in court. And then, then maybe, at
least read the guy his rights. that is an american constitutional law. This cop
was way out of line. And he knows it. You can tell, once he tazzed massey, i
think he backed up and went, huh,did i go a little to far? he was kinda nice
once he felt like he was big man on campus. I think he should be tassed, and
then repeatedly tassed at masseys discretion. The UHP needs to formally
apologize to massey and all of us for the poor judgment in this case.
Anonymous | 6:37 p.m. Dec. 2, 2007
I agree totally with UNBELIEVABLE. What does Gardner expect. Your beating and
tassing the young ladies husband. You obviously weren't to worried about
massey or you wouldn't have walk toward your car with your hands full and
back towards the guy. Cops these days are way to trigger happy. They are way to
paranoid, and should have to have a degree in communications. UHP Gardner was
way out of line. He should be punished. He made a bad decision, and should man
up and except it. He owes massey and all of us as citizens an apologie. He was
wrong, and knew he was wrong as soon as massey hit to turf. Why did he need to
shock him a second time? He didnt, thats why. Gardner was obviously one of the
guys in highschool that got bullied around alot as a child and is trying to get
back at the world, thats all we need. Another hot headed trigger happy cop. You
know, i know alot of cops, and most of them are really good people. Even they
addmit that there is always one or two that ruin it for everyone.always one bad
apple in the force.
Daniel | 11:04 p.m. Jan. 11, 2008
I really think that this problem stems from the mormon faith, which supports
such mindless use of force.
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If you want respect, be respectul. If you want violence, keep up the violence. A badge just identifies your job, it was never intended to extend additional liberties. Don't make it more complicated than it really is.