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Trooper cleared: State says Taser use justified, but other agencies to review traffic stop
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I agree that this officer poorly communicated the law and the options that Massey had. The officers conduct only escalated the issue; and because he is the professional, requires that he is more accountable for his actions. Massey doesn't have a gun in his pocket and we all know it. Because the officer did not write "refuses to sign ticker" and be done with the incident, all actions following that are to be held responsible to the cop. He escalated the situation by having Massey get out of the car. Had he just written refusal to sign none of this would have happened.
Maybe the problem is that UHP policy and procedures are inadequate or are simply not followed. That's what any further investigation should be looking into. 1- are the established policies and procedures adequate? 2- are they being followed consistently? If all of officer Gardner's actions were sufficiently in keeping with policy to "clear" him then we've got a problem. If the policies were not sufficiently followed we simply have a different set of problems.
Either way the UHP leadership has failed to do their job. Trying to cover their behinds is an offensive substitute for managing the department correctly in the 1st place.
To provide clarity: "If his actions weren't right then they must have been wrong". There's no middle ground. In other words there's nothing Massey could have done that should cause the officer to fail to follow "all" of the UHP's (supposed) rules.
After driving in Utah with reckless, careless, thoughtless, irresponsible,phone-addicted, rude and disrespectful drivers for the past 10 years, I'm not surprised that one of them got tasered. Had I one, there would have been a few more to watch on UTube. Which postig indicated again, the mine set of the 'victim',to create havoc and chaos, as he did at the scene. When you don't respect the law or the law enforcers, then don't expect to be considered a good citizen. Shame on you, Mr. Massey, you need to repent your bad behavior and be grateful nothing worse happened to you.
Sadly, I believe that a convenience store clerk can handle working in his/her dangerous environment better than Gardner did- and Gardner was "trained" to work with the public. Most of us work with the public (good and bad) we just don't taser everyone that might bruise our egos. It is obvious to most everyone that Massey wasn't a danger. Hence the public outrage. UHP's reaction and support of Gardner demonstrates a very disturbing way of thinking that apparently runs all of the way to the top. We should make a change at UHP brass.
Officer Gardner should have been more professional when dealing with someone who has no respect for others. He could have put "refused to sign", I have seen many tickets sent in to be processed like that.
However with that said, once Massey was out of the vehicle he should have done as he was told.
Both little boys need to learn how to respect others.
While the driver showed a high degree of "something" not very smart, the trooper is the trained professional. Lawful and reasonable may be the initial finding but Utah still ha a PR debacle.
For the trooper, UHP will need to find him a desk job. Last thing UHP needs is some jerk to remind him about the taser incidient at future traffic stops. Who knows what would happen then?
On a final note, I didn't note any comment about the search of the vehicle at the end. Maybe the tape edited out the trooper stating probable cause or asking permission. Would like to know about the finding in this area.
The authoritarians with their violent means, have got you where they want you: frightened, intimidated and all too willing to accept a fascist police state.
May God help us.
Have I ever made a mistake in judgement in my profession? Yes, of course, I'm human too. I expect that every person reading this will admit to that as well. My mistakes have a smaller affect than a trooper's might. That's the level of risk that they are willing to take. Again, thank you for being willing to subject yourselves to that risk.
Add in the human factor and it's often completely unpredictable, almost impossible to manage the risk.
In this case, the speeder made mistakes that elevated the risk and the trooper responded lawfully based on his judgement and training.
I'm glad that the UHP doesn't back down to every numbskull that resists, otherwise how safe would we be?
Serve and protect.
We need more officers like Trooper Gardner. THANKS UHP and Utah Police Officers for putting your life on the line every day.
Really?
I'm going to give you the benefit of the doubt because you obviously aren't old enough to drive let alone get a speeding ticket.
Signing the ticket simply is a promise to appear in court and IS NOT AN ADMISSION OF GUILT! It usually says that on the ticket, at least the ones that I have received for speeding. Oh and by the way I complied with the officers orders because I am a rational human being.
I wonder how many people reading this are aware that the US incarcerates more people than China and China has five times as many people. The US incarcerates 6 to 10 times as many people as most European countries (per hundred thousand). The US incarcerates more people than Russia and Iran. You can find the information on our incarceration rate and the world incarceration rate on our own federal justice sites and the world prison tracking sites. We are a disgrace to the free world.
The police and the prosecutors have become judge and jury and bullies.
Bill is right on. It could have been done better, but let's not be blind to the number of mistakes that the driver made.
They characteratured exactly what the American public was berating them for: Looking biased, excessively power-hungry, and coming up with incompetent solutions. While Massey might not have acted completely above reproach, it was certainly several measures beyond the hot-head, trigger-happy Gardner. I'd rather have Massey protecting me than Gardner any day of the week. The people (who pay his salary) have spoken: He needs to go somewhere where he is not a solo act and can be protected from his own character flaws.
EDITOR: I HOPE THIS GETS POSTED UNLIKE SOME OF THE OTHER INPUT I MAKE.
When a person has been arrested, by law the officer has a right to search the person for weapons, contraband etc. If the arrested person was in a vehicle the scope of the search is extended into the vehicle as well but only in the area the arrested person had immediate access to.
As for those who say the UHP is protecting one of their own. If you asked the troopers working for the UHP you would find the large majority feel that any time there is a public complaint against them the admin is more likely to side with the person making the complaint.
To say that this is part of the "good old boys" system is garbage. Again as a former trooper I have seen a number of officers fired, demoted and receive other forms of action against them for their improper actions.
The UHP are (for the most part) good people doing a difficult job under a lot of public scrutiny and rightly so. It is wrong to judge an entire department or law enforcement in general because one officer did not take the time to explain the ramifications of not signing a speeding ticket.
Speeding is a victimless offense, but quite a revenue generator for hero-wanabe agencies. Shooting someone IN THE BACK should be reasonable evidence that Gardner was not being accosted.
Taxpayer funded dash cameras were installed exactly for this situation. Court appearances are always he said/she said with the AUTHORITIES word rarely in question. (Blue curtain)
The Gestapo mindset is a direct result of the training montra received at the state established deity, P.O.S.T., EVERYONE IS GUILTY OF SOMETHING.
Massey is not without blame, questionable speeding violation, but courtesy is always appreciated. He could have acknowledged, without becoming enraged at the first response.
Both appear to be self-centered, ego-centric and confrontational generation Y. Grow up.
Welcome to the future of Amerika!!
None of this would have happened for the UHP and Trooper Gardner if he had had the wit to tell Massey immediately after Massey refused to sign the ticket that, "I'm going to have to place you under arrest unless you sign the citation."
Then it would have been game over for Massey. As it was Trooper Gardner was evasive about what Massey was supposed to have done.
From what I saw, I'd be very interested to know exactly who put up the road construction warning sign and the 40 mph speed sign (both temporary). You could see a LONG way down that road and frankly I didn't see a single sign of any upcoming road construction. Given that, the situation stank on ice of an illegal speed trap.
While they self-grandize themselves, the reality is that the couple of dangerous incidences I have witnessed or been in proximaty with, the police were no where to be found (handled by local citizens) but I've been ticketed in the past two years for failure to signal (which I doubt since I do this reflectively) and not wearing a seatbelt (I was going less than a mile from my house down the street). This misfocus and lack of direction seems to be prevalent and intensifying. It may provide some insight into the ever diminishing respect being shown to law enforcement.
Respect is something that's earned.
You are the victims of his P.R. campaign to look good after he behaved like a 3-year-old.
Lots of people here on both sides are making judgments without all the facts.
Oh, and Bill, the taser was not the least harmful way to resolve this conflict. There are other ways, less harmful to take care of conflict. You do not always have to resort to force.
Just a thought about use of the taser in general. It is not as safe as some want to believe. Did you see the video on CNN.com concerning a man in Canada that died after he was tasered. Electrocution is not safe. We do this to people in the hospital as a means of stopping the heart from beating.
Massey walking away and ignoring Gardner's order before getting tasered could be the only thing in favor (borderline at best) of the officer. Overall the situation showed that Gardner lacked the skills and training (or choose to ignore them because he was frustrated with Massey) to deal with a routine traffic stop.
Many have stated that Massey was childish and caused the problem but it should be the professionalism of a 14 year UHP veteran to defuse things before the taser is used.
Even if Massey had complied with Gardner�s original order and been handcuffed�Gardner still would've have looked heavy handed dealing with the traffic stop.
I�ve worked as training NCO for an Air Force Security Forces squadron and this case has lack of/poor training written all over it. Gardner should know if Massey does "A" then proceed with "B" not if Massey does "A" go immediately to "Z"...it is called protocol.
Obviously the UHP is incapable of appropriate discipline to its own.
Some see their god as an extremely punitive "do as your told or you'll be punished" figure.
Others see their god as one who is not interested in power-trips.
If you do not obey simple commands, consequences happen.
In the future, sign the ticket and take your case to the courts. Do not be oppositional.
Actors, pretending to be volunteers who were hooked up to some phoney electrodes that would allow real people to "turn up the juice on them" at will.
The volunteers, thinking the actors were actually getting shocked (due to the actors' screaming and carrying on), almost all exceeded the phoney "danger zone"
on the phoney meters.
Now, what does that tell you about some people?
Put a weapon into somebody's hands and if that somebody is a little, uh, unbalanced, it's perfectly okay because he has the law of the land behind him.
Remember the character "Little Bill" in the Best Picture of the Year - "The Unforgiven"?
The people have spoken and say otherwise.
This officer was obviously gun happy. It was clearly not a dangerous situation.
Authority is a scary thing.
Exactly how much authority do we want give the police?
Are the allowed to order people around without limit?
Let's not give the police a blank check to do what ever they want.
Authority, power, will always be abused.
The Milgram experiment was a seminal series of social psychology experiments conducted by Yale University psychologist Stanley Milgram, which measured the willingness of study participants to obey an authority figure who instructed them to perform acts that conflicted with their personal conscience.
The Milgram experiment and horrific results may reflect why there are people who condone anything an authority figure says or does.
Even cops who electrocute people.
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