Deseret News | UHP clears trooper in Taser incident

Reader comments
UHP clears trooper in Taser incident

Page:
< Previous
1
2

Joe Bateman | 6:32 p.m. Nov. 30, 2007

How was the troopers action justified. The driver wasn't threatening or even running away.

deseretnews.com moderator | 6:44 p.m. Nov. 30, 2007

Dear anonymous,
Your comment was deleted because a) it was insulting b) it was off topic c) it was abusive

When in doubt, shoot first. | 6:55 p.m. Nov. 30, 2007

I don't work in law enforcement, but I do know a little bit about people and human nature, having worked for several years in business, and having been a human for most of my life.

People, typically, aren't too happy when they see a trooper. I would assume troopers understand this and would have some training in how to communicate in such a way as to diffuse an emotional situation. Maybe a bad assumption on my part. In my view Massey was marginally out of control and doesn't escape blame for his behavior, but the trooper did nothing but inflame the situation and appeared to be itching for a confrontation. I'm a little concerned with the people who feel the use of deadly force was justified in this instance; I hope they don't work in law enforcement. Have a little sense of proportion.

I think the wrong question was answered here. The question should have been, should this trooper ever be allowed to work in law enforcement again.

Thanks a lot UHP for giving Utah another black eye. Taxpayers, get ready to pony up.

Comments continue below

paul | 7:04 p.m. Nov. 30, 2007

sad sad. shame on you uhp.

Thank you and well done | 7:58 p.m. Nov. 30, 2007

I saw the video, and I've seen several like it in the past, but the ones before are all situations where an officer was killed. I'm glad the officer protected himself when the suspect would not obey orders. I don't feel he did anything wrong. The biggest problem in this world is it's getting full of people like Massey who have a lack of respect for others and the law. That's why crime is up, that's why violence is up. It's just sad Massey would treat someone that way, someone who is protecting the roads for Massey's family too.

Bad UHP | 8:17 p.m. Nov. 30, 2007

I can't believe that officer stepped out of line and stopped that poor fellow. All he was doing was trying get from A to B and was probably in a hurry. How dare the officer interrupt his life and schedule. Heck, why do we even have speeding laws and officers to enforce them. How ridiculous. We should be able to drive as fast as our cars can go without any regard for others.

Shame on the officer for shocking that guy when he didn't listen. He should have apologized for wasting the guys time.

We should get rid of all officers and let all of those innocent folks out of jail. They could be doing so much and are valuable to society. A little theft or murder never hurt anybody. Come on, give the guy and his family a break.

Hand In Pocket | 8:33 p.m. Nov. 30, 2007

These troopers deal with wackos every day on the highways. The driver in the video a) walked away from the trooper against the trooper's order while simultaneously b) putting his right hand in his pocket. If you were the trooper, you have no idea if the motorist is going to whirl around with a gun he's pulled out of his pocket. The officer asked 3 times for compliance. Try to see this through the officer's eyes. How many officers die each year because they give the benefit of the doubt to easily? Having said this, I think the trooper acted like a jerk through the whole incident, but I can at least see his side of the story.

true | 8:33 p.m. Nov. 30, 2007

TOTALY AGREE WITH "PUT YOUR OWN LIFE ON THE LINE" COMMENT.

What abuse?? | 8:35 p.m. Nov. 30, 2007

All I saw on the video was a kind police officer trying to assist a member of the public who he is sworn to serve and protect!! The Officer simply thought that the driver had fallen as a clear result of a heart attack and he was giving shock treatment to revive him. He then spoke soothing words to comfort his worried and stressed pregnant wife and invited her to sit down and relax. I am sick and tired of people watching videos like this and seeing what they want to see!! This loyal sensitive officer deserves a medal. Regards, UHP

RE: Thank you and well done | 8:38 p.m. Nov. 30, 2007

Regarding the previous post:

"I'm glad the officer protected himself..."

Did we watch the same video? Protected himself from what?

"I don't feel he did anything wrong."

This is a joke, right? Nothing wrong?

I have to question your judgement. How could you have 'seen several like it in the past, but...where an officer was killed' and compare that to this instance? What was he going to do, throw a baby seat at the trooper? Do you really believe the officer's life was in danger?

PLEASE tell me you don't work in law enforcement.

Proper Reproof | 8:39 p.m. Nov. 30, 2007

Certainly Mr. Massey could have responded in a more positive manner. It was clear that he felt he could ignore officer Gardner and return to his car. However, was the officer correct in asking him to put his hands behind his back in the first place, or for not responding to the question raised by Mr. Massey concerning what he had done to deserved being stopped? I think not! Under no circumstance was Mr. Gardner correct in using his taser on Mr. Massey for a traffic stop. Is not Mr. Gardner a public servant? As a public servant, should he not serve the public and not be arrogant in his demeanor? The UHP did not fulfill their responsibility to the public as well. Mr. Gardner is servant of the people and not above the law he is supposed to uphold. Did he not infringe on Mr. Massey's rights.? Mr. Massey should have not turned his back on the officer to walk back to his car in the first place, but Mr. Gardner is required to state the purpose for the traffic stop, is he not? There was an error in judgment by Mr Massey, Mr. Gardner and the UHP.

SG | 8:42 p.m. Nov. 30, 2007

I saw the video over and over as well. What it looked like to me is that Massey was doing everything he could to escalate a situation. Cops are on edge anyway because they never know when someone might pull a gun on them because of being pulled over for a speeding ticket and this officer did what he was trained to do. Would you rather he shot Massey with a gun?

What worries me is in this sue-happy society we live in, police officers are finding it harder and harder to do their job. When that happens, crime goes up and those same people screaming about this incident and sending in death threats are the same ones who will get just as angry when these officers are not able to protect them. Sad world.

Heavy | 8:43 p.m. Nov. 30, 2007

I almost always say "good for the cops" when they put someone in line. After reading most stories like this, I usually agree that the police did a good job... until I saw this video. Are you serious? The cop obviously had a bad day and decided to take it out on someone. Completly out of line. To anyone saying "good for the cop", watch the video then make your decision.

Common sense please! | 8:43 p.m. Nov. 30, 2007

Having watched the video plenty of times, right before the officer fired, Massey reached for his right front pants pocket. The officer was justified in firing. He had no way of knowing if Massey was going for a gun or what. Massey should be glad that the officer used a tazer and not a real gun.

Cal Ute | 8:43 p.m. Nov. 30, 2007

Typical deal with the cops. I had the most positive view of the UHP. The state lost a great police agency and now it is OK to shoot, what could be a deadly force, for not signing a traffic ticket. This is one of the most ugly uses of police authority I have ever seen. Keep it up and Utah will look like a deep south states.

Soooo this means???? | 8:45 p.m. Nov. 30, 2007

I'll I have to do is go speeding around, argue and walk away from an officer, get tasered, and you will all back me up in a civil law suit to get millions of dollars? Sweet!!!! Watch for me to be going 65MPH in a neighborhood near you!!! (P.S. Just incase it didn't come on thick enough, this is sarcasm.)

A COP SPEAKS | 8:54 p.m. Nov. 30, 2007

I agree the situation could have been handled differently, but...quit saying ALL Utah cops are like that and you shouldn't bother coming to Utah for a vacation etc. those comments are pure ignorance!!

zzyzx | 8:58 p.m. Nov. 30, 2007

When I first saw the video I thought it was a UHP training piece, posted by mistake, and showing all of the things an officer could do wrong. I am deeply saddened to learn that this is the standard of conduct upheld by UHP. Have we, as a society, fallen to the point that motorists must be fearful as we travel the public highways?

Vernal roid | 9:11 p.m. Nov. 30, 2007

When I get pulled over, I give law enforcement all the respect that I can. Massey was uncooperative and arguementative from the beginning.I Don't think the officer should have had to prove anything to Massey, that's why you are able to take these things to court and follow proper procedure, Massey was acting like he was above the law. unfortunately for him this officer represents the law and Masssey learned that the hard way. We need to show a little more respect to these officers that put there lives on the line to keep us safe. Thanks U.H.P

Disgusted with UHP! | 9:20 p.m. Nov. 30, 2007

I am sorry that the UHP chose to take no action to "restore the public's faith in them". By taking no action, they have destroyed my faith in them, as a State employee, I am disgusted at Trooper Gardner's actions towards Mr Massey. Was Mr. Massey wrong? Absolutely, the question is the use of the taser whether it was necessary, if Trooper Gardner felt threatened, why remove him (Mr. Massey) from the vehicle, then turn your back on him and walk to ther rear of the vehicle? If you wanted to restore the faith of the public in the UHP, you needed to show some backbone! You at the very least needed to reprimand Trooper Gardner for his attitude from the outset, "get me your license and registration, NOW"! To pulling his taser, if Trooper Gardner hasn't been trained to calm down angry motorists any better than that, then maybe a complete overhaul of the Department(personnel) and it's training procedures are in order! The statements that the Trooper made to the deputy providing backup should have earned him another job, doing something else. Using force like that is in no way a game, no way no how!

Matt | 9:32 p.m. Nov. 30, 2007

Bless ALL our UHP Troopers. I stand by the DPS and UHP statment. the troopers was justified in using his tazer. Its sick that people are attacking him for doing his job.

What will you do when.. | 9:45 p.m. Nov. 30, 2007

they come for you, Bad Boy. Yes, Bad Boys do not obey the law and give the police a bad time too. and Mr. Massey, you punished yourself for it. Did you act like this in school, or at home? Did you walk away when your dad talked or scolded you. I am afraid it is a generational problem...spoiled and disobedient children are all around us. Read the sorry postings. Pity the poor school teachers, let alone the cops who have to put up with such bad behavior. No, I am not a cop but I grew up in a different generation here in Utah where we got punished for disobedience. Lawyers did not sue then either, at the drop of a hat. The patrolman was doing his duty. Massey was not acting like a responsible citizen in giving the law a bad time just because he got caught or because he thought the officer was out of line. What was he going to do, drive away?

biblionerd | 9:52 p.m. Nov. 30, 2007

The notion that Massey was a threat is patently absurd. Idiotic, maybe, but hardly a threat.

Anyone ever heard of measured response?

Tenderheart | 9:54 p.m. Nov. 30, 2007

I like the suggestion about keeping my window rolled up leaving just a crack to speak through if stopped by UHP. Of course they might then break my window with a nightstick and claim I was being sassy or that I "reached" for something. How could I prove otherwise?
I guess I could call 911 on a cell phone and ask for other officers to come calm down a hotheaded trooper - or would they just rally around their colleague and say it was my fault? (Oops, reaching for a cell phone could be misinterpreted! Can't do that.)
So what should I do? Massage the officer's ego? I'm not very good at that. :Q
I know being an officer is dangerous (though not as dangerous as many other occupations) but they just can't go around shooting everything that moves, even with a taser.
Driving in Utah is now officially scarier.
My new rules: Do not name stuffed toys after religious figures. Do not question UHP officers. Unexpectedly severe consequences could occur.

RE: Matt | 10:03 p.m. Nov. 30, 2007

"Its sick that people are attacking him for doing his job."

Matt, I think you are completely missing the point of people like me who have a SERIOUS issue with the officer's conduct and an even greater issue with the department's justification of it. We believe he WASN'T doing his job, but rather abusing his position. We recognize there are many great, heroic officers out there, and there are a lot of challenges to being a trooper. I believe most of us are willing to give an officer the benefit of the doubt. Which is why we find this action so objectionable; it is a betrayal of the trust we place in our officers. It is an even greater betrayal and a huge disappointment that a state department doesn't see a problem with excessive and possible deadly use of force in this instance.

I belive it is dangerous to put blind faith in any organization that wields authority over people. There will always be those who abuse that authority. That's why we have checks and balances in our system. There's the matter of proportion; this isn't Saudi Arabia; we don't cut off hands for shoplifting.

Tiny | 10:27 p.m. Nov. 30, 2007

I'm not surprised at all. After all it was an internal investigation. UHP judging the UHP. I think Massey should take this so-called law officer to court and sue him. I don't think any UHP officers could save him there. Hard to believe. I saw that entire YOUTUBE video and that officer did so many things that were not justified. He could have killed that man in front of his wife and young child with that taser. But, of course those doing the so-called investigation didn't think of that! Another example of the "law" protecting themselved rather then looking after the citizens of this state.

ignorant | 10:51 p.m. Nov. 30, 2007

Tasers are NOT lethal. He could NOT have killed the subject. So many of you speak in pure ignorance.

Apology | 10:53 p.m. Nov. 30, 2007

Massey owes the trooper and the UHP an apology for stirring up controversy that he created. If had obeyed orders, not reached in his pocket and walked away, he would not have been Tasered. Every single one of us, in the shoes of the trooper, with so many cops getting shot these days, would have done the same thing when Massey reached into his pocked. What if it was a guy who really did reach in for a gun? Some of you evidentally think the trooper should have waited to find out and possibly got shot.

MadMax | 11:10 p.m. Nov. 30, 2007

It is obvious that Mr. Massey did not respond to police authority as one would expect. However, Trooper Gardner's responses to that behavior was not professional. If one of my MP's would have acted that way he would have been reprimanded. There were other options for Trooper Gardner! 1) Inform the subject why he was stopped so as to avoid confusion. 2) Do not ask the subject to get out of the car so you control the situation. 3) Explain the nature of a citation,that signing it does not mean admission of guilt. 4) If the subject still refuses to sign the citation, inform himhe could be arrested as a consequence. 5) If he still refuses to sign, record that refusal and let go on his way. 6) If the situation still escalates, inform the subject of potential increased officer response. It is fortunate that the situation did not end tragically with serious injury or death for Mr.Massey. The UHP did not engender any positive PR with their justification of Trooper Gardner's actions. The public now must wonder if they are stopped by the UHP if their safety is in danger. This is a black eye for the UHP!

Apology! | 11:10 p.m. Nov. 30, 2007

Not. The officer is the one who owes the apology. He knew he had done something wrong within minutes after the incident. Its too bad the UHP did not agree with him.

JT | 11:14 p.m. Nov. 30, 2007

I have never seen or heard of a person refusing to comply with a police officer and instead saying, "No, this is what we're going to do." It wasn't as though the patrolman immediately tasered this imbecile, either. Massey utterly refused to do anything the policeman said, then started walking away when the policeman was trying to arrest him. The only thing I might have changed was to give one last warning before using the taser, but I nevertheless feel the trooper was not all unreasonable in the way he dealt with this jerk.

The whole state | 11:26 p.m. Nov. 30, 2007

I actually think Massey owes the entire state and an apology, and especially his wife and kids for the situation he put them in by his behavior. I feel like others, he's real lucky it was only a taser.

Dang | 11:28 p.m. Nov. 30, 2007

Unfortunately, when Massey hit the ground it didn't knock any sense into him. What he's really trying to do here is get some cash. But it ain't happening. Any jury would make him pay the trooper for the embarassment and harrassment he's caused him. He got exactly what he deserved.

Rights: | 11:56 p.m. Nov. 30, 2007

What he was doing was trying to ensure the UHP did not brush this under the rug. They still tried, however we have seen what the UHP allows their officers do. Hopefully at least half of the Utah Legislature is as appauled as the majority of those who have seen this video and will put in place legislation which will force officers to abide by sound rules when using these types of weapons.

Not a Street Cop | 3:16 a.m. Dec. 1, 2007

Our society is based on the citizens complying with basic authority. In the US, luckily for us, disagreement is encouraged. However the side of the road is not the arena. That is what courts are for. If you watch the video you will clearly see that Massey's actions show a series of boneheaded action that ended with him disreagarding an officer after being told he was under arrest and then putting his hand in his pocket as he walked away. Massey is wrong on so many counts. The officer told him the citation was for speeding (in fact told him where the sign was), and if you have ever got a ticket before you will know that the speed is on it, lastly was his stupid arguement about not knowing what he did wrong. After he was cuffed he demanded several "rights" that in fact are not guarenteed. Please do not base your opinions of what your rihts off of TV shows. You must be informed of your "rights" only if you are in custody combined with being questioned. the officer was not quetioning Massey. Was it the best stop? No. Was Massey clearly in the wrong, Yes.

Massey is a rocket scientist! | 3:36 a.m. Dec. 1, 2007

I see comments like "tasered without warning" and "over just a traffic stop". I have lived in several countries and currently live in Africa. You got to me a moron if you think that Massey was tasered without warning. The cop was pointing a taser at him. He was informed he was under arrest, he was instructed several times to turn around, and then his brilliant decision was to ignor all of that and put his hand in his pocket and walk away?

The authority of a police force is grounded in citizens respecting direction of police. My wife just read that police officers deaths are up for the first time since the 70s. I think that if everyone that has read this article thinks back to when they were on the side of the road and didn't get arrested they will remember that though they were mad and maybe even in the right they did what they were told and they drove away. Massey did not and compounded mistake with misjudgement.

Massey is a rocket scientist! | 3:43 a.m. Dec. 1, 2007

In my comments I mentioned I lived in several countries and currently live in Africa. I forgot to mention why I said that. I have see police from several countries and truly know what incompetence and abuse of power really looks like. I have to include that I also know how bad it can get when there is a vacuum of authority and police ingnor all infractions. Community structure such as traffic laws and respect for property right are impossible.

Massey never was discourtious (sp) or abusive, just real dumb. Sorry about my spelling.

Willy | 9:33 a.m. Dec. 1, 2007

About time they cleared the trooper. He obviously did nothing wrong. Massey clearly deserved what he got.

Agree the UHP was justified | 10:35 a.m. Dec. 1, 2007

After disobeying everything the trooper asked/ commanded the kid to do he disregarded it! He started to walk away and put his hand in his pocket - how was the officer to know if it was a gun or not? He was pointing the taser at him and the kid STILL argued and disobeyed. Incredible the exposure this has caused on YouTube but I certainly think the UHP trooper was doing his job - the lack of respect and disobedience of the kid are horrible... goes to the generation I believe.

Joseph | 3:13 a.m. Dec. 2, 2007

I have asked the UHP if there is a state law that REQUIRES someone to sign a traffic ticket (no response yet). If there is not, the officer exceeded his authority and therefore can be sued for acting beyond his official capacity. I have probably received 3 traffic tickets in the last 10 years in Colorado and did not sign any of them (and didn't get tasered). It is my guess that few if ANY states have a law requiring a recipient to sign their traffic ticket. For my self and my family, I will not be visiting or traveling through Utah anytime soon.

Missing Info | 9:20 a.m. Dec. 3, 2007

In their investigation, the UHP are looking at three things but they are completely overlooking a key fourth issue: Gardner knew that Massey wasn't guily of speeding and issued a speeding ticket anyway. Then Gardner proceeds to enforce this bogus ticket with a taser? It's shameful!

When will governments and, more specifically, law inforcement agencies listen to the public outcry on this?

No one in particular | 2:26 p.m. Dec. 3, 2007

If you pay attention to the video, note when the taser is drawn. It is drawn before any non-compliance (other than signing of ticket), before any notification of being under arrest, and immediately after the officer has had his back to the suspect. No threat preceeded the drawing of the taser. In fact the officer was apparently non-threatened enough to set his clipboard down on the hood, rather than just drop it.

Further his tasering where he did, had Massey fall into a traffic lane, which could have resulted in serious injury beyound the tasering.

I find the UHP's analysis and findings to be self-serving.

itchy trigger-finger | 2:54 p.m. Dec. 3, 2007

This guy was just itching to turn on the juice.

Page:
< Previous
1
2

Add your comment

Comments are monitored. Any comments found to be abusive, offensive, off-topic, misrepresentative, more than 200 words or containing URLs will not be posted.

Words Remaining

E-mail address: For internal use only. We may want to contact you to publish your comment (not your e-mail address) in the newspaper or for a separate story idea.