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Trooper cleared: State says Taser use justified, but other agencies to review traffic stop
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Craig | 2:43 p.m. Dec. 2, 2007
I live in one of the surrounding states and I will not be visiting Utah anymore.
John_Out_of_Utah_Thank_God | 6:40 p.m. Dec. 2, 2007
Point No. 1 is the most obvious. The cop did not have the authority to order him
out of the car unless he stated he was placing him under arrest. Did anyone hear
Gardner say "You are under arrest"? I already know the law. If I am
ordered out of the car I will first ask "Are you placing me under
arrest?" The cop then must answer "Yes" or I do not have to get
out of my car. I cannot be simply ordered out at the cops command. He must
advise me I am under arrest first. That is the law.
Anyone care to argue how the law works in this incident?
So from minute one, the cop was out of line. He deserves to be sentenced to a punishment by a court and fired. Plain and simple. The cop did not follow the law. He failed in the most basic sense by not saying "You are under arrest".
I'll not go into the rest of his lying disgusting behavior. It makes me sick.
Anyone care to argue how the law works in this incident?
So from minute one, the cop was out of line. He deserves to be sentenced to a punishment by a court and fired. Plain and simple. The cop did not follow the law. He failed in the most basic sense by not saying "You are under arrest".
I'll not go into the rest of his lying disgusting behavior. It makes me sick.
Comments continue below
Urban Myths? | 9:40 p.m. Dec. 2, 2007
It amazes me to read the ignorance of many of the posters here.
Regarding the claims that tasers have killed people; name one that was proven. So far 50+ lawsuits against taser, scores of scientific studies and statistical analysis have all disproved your claims. The fact that this myth keeps going around doesn't make it true.
To those who stated it's the law that Gardner couldn't order him out of the vehicle without telling him he was under arrest; please cite the law or case law. The courts have actually stated the exact opposite of your claims.
To everyone who thinks that Massey will win a law suit; please google Draper v. Reynolds. The Federal courts have already ruled on every issue that exists in this situation with Massey and Gardner. They sided with the officer on every issue. Do you think maybe this was the reason that UHP found what Gardner did was legal?
Regarding the claims that tasers have killed people; name one that was proven. So far 50+ lawsuits against taser, scores of scientific studies and statistical analysis have all disproved your claims. The fact that this myth keeps going around doesn't make it true.
To those who stated it's the law that Gardner couldn't order him out of the vehicle without telling him he was under arrest; please cite the law or case law. The courts have actually stated the exact opposite of your claims.
To everyone who thinks that Massey will win a law suit; please google Draper v. Reynolds. The Federal courts have already ruled on every issue that exists in this situation with Massey and Gardner. They sided with the officer on every issue. Do you think maybe this was the reason that UHP found what Gardner did was legal?
Tarheel | 9:41 p.m. Dec. 2, 2007
Good point John D.
What a whitewash! If the police officials who saw this video really believe there was any reason for Officer Gardner to be "fearful of his safety" then more than Officer Gardner should be fired!
Look at the video. It's the driver who is fearful, and completely amazed to find a gun pointed at him for no reason. Would you be able to react sensibly if you unexpectedly found a crazed lunatic shouting at you? The driver's body language is anything but threatening; he's trying to decide if he should run for his life!
There were exactly seven seconds from the beginning of the shouting until the taser was fired. Seven seconds! Try even comprehending some unexpected shouted instructions while staring down the barrel of a gun!
By the way, there were multiple other examples of bad police work on display here, but I'm running out of space for this comment.
What a whitewash! If the police officials who saw this video really believe there was any reason for Officer Gardner to be "fearful of his safety" then more than Officer Gardner should be fired!
Look at the video. It's the driver who is fearful, and completely amazed to find a gun pointed at him for no reason. Would you be able to react sensibly if you unexpectedly found a crazed lunatic shouting at you? The driver's body language is anything but threatening; he's trying to decide if he should run for his life!
There were exactly seven seconds from the beginning of the shouting until the taser was fired. Seven seconds! Try even comprehending some unexpected shouted instructions while staring down the barrel of a gun!
By the way, there were multiple other examples of bad police work on display here, but I'm running out of space for this comment.
Re: John Out of Utah | 10:12 p.m. Dec. 2, 2007
I'll argue with you how the law works.
Look at the US Supreme Court decisions in Pennsylvania v. Mimms and Maryland v. Wilson.
Look at the US Supreme Court decisions in Pennsylvania v. Mimms and Maryland v. Wilson.
firsttimeposter | 10:19 p.m. Dec. 2, 2007
sign the ticket...
Both at Wrong | 11:47 p.m. Dec. 2, 2007
Better communication really does help in situations, as it would have in this
one, but since it did not happen by either Gardner or Massey the tasering
happened. It was the right thing for him to do because he hadn't handled
the situation well. However, what really makes me upset is at the very end when
Gardner wouldn't read him his rights, which is absolutely illegal since the
Miranda Cases. He lied to the back-up officer about what happened and
there's a part where he actually searches in the car for something which
could fall into an illegal search. This situation is really messy and everyone
had their part in making it that way. In the end both parties were at wrong.
Re: Both at Wrong | 1:27 a.m. Dec. 3, 2007
Your opinion about both the Miranda warning and the search are incorrect.
Miranda pertains to your right not to incriminate yourself. There are two requirements for it to be mandatory. First is the suspect has to be in custody, which Massey was. The second requirement is that he has to be interogated, which was not happening. So there is nothing illegal about not reading him Miranda. Did Massey remind anyone else of Donkey in Shrek II when he was yelling about his Miranda rights?
Once Gardner arrested Massey, it was legal for him to search Massey and the passenger area of Massey's vehicle as a search incident to arrest.
Miranda pertains to your right not to incriminate yourself. There are two requirements for it to be mandatory. First is the suspect has to be in custody, which Massey was. The second requirement is that he has to be interogated, which was not happening. So there is nothing illegal about not reading him Miranda. Did Massey remind anyone else of Donkey in Shrek II when he was yelling about his Miranda rights?
Once Gardner arrested Massey, it was legal for him to search Massey and the passenger area of Massey's vehicle as a search incident to arrest.
J in NY | 7:12 a.m. Dec. 3, 2007
Urban Myths?:
I have already stated this but tasers have killed people. If you don't believe me go to cnn.com and look up the most recently publicized death. The royal Canadian police were the ones using the taser, and the man died in the airport only minutes after the incident.
A tazer sends a jolt of electricity through the victim, and so does a defibrillator. The purpose of a defibrillator is to stop the heart from beating (believe me when I say that it works, I have seen it).
I have already stated this but tasers have killed people. If you don't believe me go to cnn.com and look up the most recently publicized death. The royal Canadian police were the ones using the taser, and the man died in the airport only minutes after the incident.
A tazer sends a jolt of electricity through the victim, and so does a defibrillator. The purpose of a defibrillator is to stop the heart from beating (believe me when I say that it works, I have seen it).
Tenderheart | 7:27 a.m. Dec. 3, 2007
So now we have gone from "The policeman is your friend" to
"Don't do anything that might make an officer 'feel' nervous
because then he/she has the right to tase you."
Not being criminally minded, I'm not even sure what that might include. Obviously don't reach for my car keys, cell phone or even tissues in my pockets. (Too bad about my allergies.) But what else? It's scary not knowing.
Perhaps UHP could give us a handbook on what kinds of things might qualify ordinary folks for tasing, or maybe officers could even yell, "Freeze!" if they felt nervous.
I am distressed that so many people agree with the "guilty until proven innocent" policy adopted first by the TSA and now by UHP. How subtly they have gone from serving to governing.
And we'll see how harmless tasers are when they start tasing grandpas with pacemakers, children and pregnant women - which almost happened in this case.
Not being criminally minded, I'm not even sure what that might include. Obviously don't reach for my car keys, cell phone or even tissues in my pockets. (Too bad about my allergies.) But what else? It's scary not knowing.
Perhaps UHP could give us a handbook on what kinds of things might qualify ordinary folks for tasing, or maybe officers could even yell, "Freeze!" if they felt nervous.
I am distressed that so many people agree with the "guilty until proven innocent" policy adopted first by the TSA and now by UHP. How subtly they have gone from serving to governing.
And we'll see how harmless tasers are when they start tasing grandpas with pacemakers, children and pregnant women - which almost happened in this case.
Significant Info | 8:31 a.m. Dec. 3, 2007
Fact: Massey was traveling about 30 mph in a 40 mph zone and was issued a
traffic citation in which the trooper intentionally and knowingly acted under
false pretenses.
Evidence: Massey's vehicle is immediately BEHIND the trooper's. This means that Massey cannot be traveling any faster than Gardner or they would collide. The trooper slows down to pull off to the shoulder then approaches the speed limit sign. It's clear from the video that this is the beginning of the 40mph zone as there are no construction barrels in the video. As the trooper approaches the speed limit sign he (the trooper) is traveling no faster than 20 mph. It is scientifically impossible for the trooper to be going any faster or he would run into the sign. At this point, Massey, is just beginning to pass the trooper yet hasn't entered the 40mph zone. After Massey passes the trooper, the trooper immediately re-enters the highway with his lights on and pulls Massey over. IT IS PHYSICALLY IMPOSSIBLE FOR MASSEY TO BE GUILTY OF SPEEDING. This is extremely relevant and significant to this entire situation and should be carefully considered in the state's investigation.
Evidence: Massey's vehicle is immediately BEHIND the trooper's. This means that Massey cannot be traveling any faster than Gardner or they would collide. The trooper slows down to pull off to the shoulder then approaches the speed limit sign. It's clear from the video that this is the beginning of the 40mph zone as there are no construction barrels in the video. As the trooper approaches the speed limit sign he (the trooper) is traveling no faster than 20 mph. It is scientifically impossible for the trooper to be going any faster or he would run into the sign. At this point, Massey, is just beginning to pass the trooper yet hasn't entered the 40mph zone. After Massey passes the trooper, the trooper immediately re-enters the highway with his lights on and pulls Massey over. IT IS PHYSICALLY IMPOSSIBLE FOR MASSEY TO BE GUILTY OF SPEEDING. This is extremely relevant and significant to this entire situation and should be carefully considered in the state's investigation.
smartmouth | 8:42 a.m. Dec. 3, 2007
I am going to show this to my sons who will be driving in a few years. Only a
fool argues with a cop on the side of the road. Only a man who wants to get
shot turns so his hand is not visible.
Tim | 9:31 a.m. Dec. 3, 2007
Hey Massey, please sue the pants off these guys! I can't believe it.
Re: Significant Info | 11:48 a.m. Dec. 3, 2007
How about the statement by Gardner that Massey had passed a speed limit sign a
half mile back. If Massey was far enough behind that he could catch up to
Gardner at his admitted 68 mph, Gardner would have ample opportunity to observe
his high rate of speed and hit him with his rear radar. I guess you just wont
be the next Johnny Cochran.
Re: Significant Info response | 12:48 p.m. Dec. 3, 2007
Re: Significant Info | 11:48 a.m. Dec. 3, 2007
Nice try but it doesn�t fly. I have lived in Utah for over a decade. Utah is filled with construction zones. I have NEVER seen a construction zone with more than one speed limit sign, especially where there are no construction barrels. Secondly, watch the video with your eyes open and your brain functioning. The tape begins more than 1/2 mile back from the location Massey was stopped and there is only one speed limit sign visible within that distance. Gardner is not referring to a second sign but the sign they just passed. If Gardner had actually believed that Massey was in violation of the posted speed limit and had caught him on radar, he likely would have answered Massey's question about how fast he was clocked at. The reason Gardner didn't tell Massey how fast he was going is because Gardner knew he wasn't speeding.
It's a hard reality to swallow that there are cops out there doing bad things but we see it on the news regularly and we've witnessed it here on the trooper�s own dash cam video.
Nice try but it doesn�t fly. I have lived in Utah for over a decade. Utah is filled with construction zones. I have NEVER seen a construction zone with more than one speed limit sign, especially where there are no construction barrels. Secondly, watch the video with your eyes open and your brain functioning. The tape begins more than 1/2 mile back from the location Massey was stopped and there is only one speed limit sign visible within that distance. Gardner is not referring to a second sign but the sign they just passed. If Gardner had actually believed that Massey was in violation of the posted speed limit and had caught him on radar, he likely would have answered Massey's question about how fast he was clocked at. The reason Gardner didn't tell Massey how fast he was going is because Gardner knew he wasn't speeding.
It's a hard reality to swallow that there are cops out there doing bad things but we see it on the news regularly and we've witnessed it here on the trooper�s own dash cam video.
sorry | 2:53 p.m. Dec. 3, 2007
I wish I could say I trusted the average cop.
But forgive me - I do not.
But forgive me - I do not.
Good Cops | 4:52 p.m. Dec. 3, 2007
Although I am backing Massey on this one, I also know the value of good cops.
Case in point: Trolley Square last February. Look at how many lives were saved
because there were caring and skilled cops who voluntarily put their lives on
the line. They were and will forever remain heros.
Having said that, I strongly feel that Trooper Gardner should just fess up to his misdeed and apologize to the public thus sparing all cops a bad reputation.
Having said that, I strongly feel that Trooper Gardner should just fess up to his misdeed and apologize to the public thus sparing all cops a bad reputation.
Trying to figure it out ... | 5:06 p.m. Dec. 3, 2007
I'm still trying to figure out why there are far too many cases where the
police officer abuses his wife?
Too much power?
Too much power?
Tom | 8:49 p.m. Dec. 3, 2007
I agree with the poster who feels that the law requiring a signature on a
speeding ticket should be repealed. This would avoid the whole confrontational
issue that that requirment now presents.
As to this case, the whole incident was a sequence of events that if handled differently, and with better communication, could have avoided the whole mess. An arrest in the situation was certainly not warrented, and it was done by the officer solely to make an attitude adjustment on Mr. Massey. That's not the officer's job. Massey's retort to the arrest as well as the slow moving investigation was the posting of the officer's actions on Youtube; giving the world a front row seat to watch Officer Gardner make a fiasco of the entire event. Massey received two taser shots and an arrest for his decisions in the incident, and now Gardner is receiveing what his actions have earned him.
A jury in a Civil Suit may not agree with the findings of a Police Department who investigates one of their own and may choose instead to award Massey a just settlement for this incident. Let a jury decide if Gardner could have handled it better.
As to this case, the whole incident was a sequence of events that if handled differently, and with better communication, could have avoided the whole mess. An arrest in the situation was certainly not warrented, and it was done by the officer solely to make an attitude adjustment on Mr. Massey. That's not the officer's job. Massey's retort to the arrest as well as the slow moving investigation was the posting of the officer's actions on Youtube; giving the world a front row seat to watch Officer Gardner make a fiasco of the entire event. Massey received two taser shots and an arrest for his decisions in the incident, and now Gardner is receiveing what his actions have earned him.
A jury in a Civil Suit may not agree with the findings of a Police Department who investigates one of their own and may choose instead to award Massey a just settlement for this incident. Let a jury decide if Gardner could have handled it better.
wbm5 | 9:22 a.m. Dec. 4, 2007
I was going to call him Mr. Massey, but feel he doesn't deserve this title.
Massey was provoking the officer. I feel he was asking for trouble. He
wasn't trying to peacefully work through what he perceived as a wrongful
stop. He wanted to provoke the officer. He was pushing all the buttons to get
a rise out of him. Is that how he was raised. "I can get whatever I what
through negative, disrespectful behavior."
I was pulled over once for running a stop light. I didn't plan on it. It happened. I failed to notice the light was there. I choose to clear the intersection as I was already half way through. The officer asked the dumbest questions. I knew I could answer them with a logical explanation, but what would it get me? I knew the officer wouldn't listen, so I didn't bother. I didn't argue or press the point. I took the ticket, went to court and handle the situation.
Massey was rude and childish. What is really funny is he posted his temper tantrum himself on YouTube! He should be embarrassed of his behavior! If I was his mother I would be!
I was pulled over once for running a stop light. I didn't plan on it. It happened. I failed to notice the light was there. I choose to clear the intersection as I was already half way through. The officer asked the dumbest questions. I knew I could answer them with a logical explanation, but what would it get me? I knew the officer wouldn't listen, so I didn't bother. I didn't argue or press the point. I took the ticket, went to court and handle the situation.
Massey was rude and childish. What is really funny is he posted his temper tantrum himself on YouTube! He should be embarrassed of his behavior! If I was his mother I would be!
I'm glad | 9:49 a.m. Dec. 4, 2007
I'm glad Massey posted the video on You Tube. It's no different than
watching the news on the television or reading about in in the paper. It makes
the public aware of what is going on in the world. In this case, it informs the
public of what law enforcement feels is acceptable, such as "taking a ride
with the taser" and don't forget the second trooper's comment
that the so-called taser ride was "wonderful."
The public needs to be aware of such things.
The public needs to be aware of such things.
Keeping them honest | 11:21 a.m. Dec. 4, 2007
I agree totally with "I'm glad" regarding videos shown to the
public. How else can you keep 'em honest?
Now watch the Limbaugh freaks start posting the usual "this is part of the drive-by media."
Or is it now "drive-by internet?"
Now watch the Limbaugh freaks start posting the usual "this is part of the drive-by media."
Or is it now "drive-by internet?"
Correction | 12:09 p.m. Dec. 4, 2007
Re: Significant Info response | 12:48 p.m. Dec. 3, 2007
You are on the right track but not exactly. The officer did, in fact, refer to a second speed limit sign further back from the one in the video. Also, by counting the number of lines on the road (I counted approximately 25-27) and estimating they are about 25 feet apart, the distance traveled in the video is about 1/8 mile not 1/2 mile. It is possible that the officer picked up the driver on his rear radar in a 40 mph zone exceeding the speed limit.
Having said that, I looked up the UDOT laws on work zones and this is what it said:
"When temporary conditions occur regulatory speed changes shall only be used during impacted times and in impacted areas"
also...
"Temporary regulatory speed limit signs shall not be erected until all appropriate work zone signs have been placed in accordance with the approved traffic control plans."
I would hardly call an area without any visible construction an "impacted time� or an �impacted area." The driver shouldn't have been ticketed for a construction zone violation and the officer should have known this.
You are on the right track but not exactly. The officer did, in fact, refer to a second speed limit sign further back from the one in the video. Also, by counting the number of lines on the road (I counted approximately 25-27) and estimating they are about 25 feet apart, the distance traveled in the video is about 1/8 mile not 1/2 mile. It is possible that the officer picked up the driver on his rear radar in a 40 mph zone exceeding the speed limit.
Having said that, I looked up the UDOT laws on work zones and this is what it said:
"When temporary conditions occur regulatory speed changes shall only be used during impacted times and in impacted areas"
also...
"Temporary regulatory speed limit signs shall not be erected until all appropriate work zone signs have been placed in accordance with the approved traffic control plans."
I would hardly call an area without any visible construction an "impacted time� or an �impacted area." The driver shouldn't have been ticketed for a construction zone violation and the officer should have known this.
Trooper was wrong | 12:11 p.m. Dec. 4, 2007
he should have tasered him a few more times!.
Anonymous | 2:21 p.m. Dec. 4, 2007
If there is something to the universal law of karma, then the poster above is
sure to get tasered sometime in the future.
toys for cops | 2:46 p.m. Dec. 4, 2007
Give the boy a toy and he'll want to play with it.
Again | 6:44 p.m. Dec. 4, 2007
According to UHP they do in fact have rear facing radar which would explain why
he moved over to let Massey pass. So he could've been speeding and the
video would provide no evidence of it.Then there is the fact that this is a 10
minute edit clip of the 22 minute video. What has Massey left out?
Also, according to UHP, patrol officers do have the discretion to just write on the ticket refused to sign.
However, what is next? Refusal to show your drivers license and registration?
Also, according to UHP, patrol officers do have the discretion to just write on the ticket refused to sign.
However, what is next? Refusal to show your drivers license and registration?
violence begets more violence | 8:56 a.m. Dec. 5, 2007
In the ultra-violent society we all live in, I don't think it wise to give
any person carte blanche permission to do more violence.
Taser danger | 8:53 p.m. Dec. 5, 2007
This whole story makes me sick. Who as people can we trust, if we cannot trust
our law enforcement? It's kind of scary and getting scarier all the time.
Teacher | 9:02 p.m. Dec. 5, 2007
Well, aside from the unfortunate consequences to everyone involved, I must say
the video made a great addition to my Government class the week it came out. I
teach high school U.S. Government in Wyoming and we had a good discussion of
probable cause, the right to be informed of the charges, what is reasonable,
etc. I also passed on the non-academic tip that it's a bad idea to put
your hands near your pockets when stopped by the police.
Jann | 10:57 p.m. Dec. 5, 2007
To-Teacher: I guess we need to teach all people not to put their hands near
their pockets if they are anywhere near a law enforcer. Otherwise, they will be
zapped with a taser. We must teach our children this from a very young age.
scary cops | 6:15 a.m. Dec. 6, 2007
How sad that we now have to teach our children to be afraid of policemen.
To Teacher | 8:37 a.m. Dec. 6, 2007
It would be interesting to hear what your high school students had to say.
Young people often have amazing insight that we adults tend to overlook.
My personal feeling is that Mr. Massey, along with every motorist being ticketed, should have a right to have his question answered as to the specific details of what he was being cited for. He deserves the right to begin gathering evidence towards his defense at that very moment, before any evidence has been changed or disturbed, especially when dealing with temporary speed limit signs that could be easily moved or even blown over by the wind. How would it be possible to gather adequate evidence in your own defense if you don�t know the details of what you are being accused of? In this specific case, the trooper made it clear that Mr. Massey was being accused of speeding but never did answer his repeated pleas as to how fast and/or where.
Your class would have been a joy to be in and I think it's honorable for you to discuss current events in this way with your students.
My personal feeling is that Mr. Massey, along with every motorist being ticketed, should have a right to have his question answered as to the specific details of what he was being cited for. He deserves the right to begin gathering evidence towards his defense at that very moment, before any evidence has been changed or disturbed, especially when dealing with temporary speed limit signs that could be easily moved or even blown over by the wind. How would it be possible to gather adequate evidence in your own defense if you don�t know the details of what you are being accused of? In this specific case, the trooper made it clear that Mr. Massey was being accused of speeding but never did answer his repeated pleas as to how fast and/or where.
Your class would have been a joy to be in and I think it's honorable for you to discuss current events in this way with your students.
Cop clearly LIED!!! | 11:13 a.m. Dec. 7, 2007
I'm glad that all of you who are supporting Trooper Gardner are in support
of a liar! Clearly at the end of the video when he is "reporting" what
happened to the other UHP, he as plain as day LIED!!! He told the other UHP that
he warned Mr. Massey if he didn't turn around and do as he said he was
going to get tased!!! He never warned Mr. Massey that he was going to tase him.
Also if you go to YouTube and watch the unedited version of this at the end
ANOTHER cop shows up, so their are three of them, and they are totally laughing
at the fact that Trooper Gardner had tased him and the fact that his wife came
out the car just "SCREAMING"! Now that to me is just completely sick
and wrong!!!
atvgranny | 10:22 a.m. Dec. 8, 2007
I think many are coming to a conclusion too quickly without really knowing the
facts behind this incident. I know the victim, and I know what a good person he
is. When Jared was asked to hop out of the vehicle, he was assuming the officer
and he would talk over the 40 mph speed sign. This officer shows and acts as if
there is no threat whatsoever. If he felt threatened he should have called for
backup, before asking Jared to "hop out of the car"! The moment he
told Jared to get out of the car, he intended to use the taser. He was
"trigger happy"! He walks to the police car with Jared behind his
back! That is kind of stupid I would say! He totally botched this traffice
stop,and should be fired because of bad judgement and a huge ego! Jared had
every right to ask what speed he was traveling. The officer did not know
Jared's speed. This is why he never tells Jared what speed he was going!
Cop with big ego or "small man sydrome"
Caldy | 5:01 p.m. Dec. 11, 2007
Clearly, as the UHP indicated, the problem escalated because the trooper was
unable to communicate. That was obvious on the video - the cop could barely
string a coherent sentence together. The troopers rodeo analogy "he took a
ride with the taser" speaks volumes for me. Indicates that the cop is just
another uneducated cowboy/hillbilly with communication skills on a par with Yogi
Bear. I guess when you cant verbalize effectively you have to get your message
across with the taser! Welcome to the wild west.
This issue is really a slap in the face for UHP. Surely the ability to communicate is a priority for the selection of law enforcement officers.
This issue is really a slap in the face for UHP. Surely the ability to communicate is a priority for the selection of law enforcement officers.
Copsdad | 9:16 p.m. Dec. 12, 2007
Yes, my son is a Deputy Sheriff so I have lean toward protecting the Police. For
all of you that think you should argue your rights on the side of the road,
please get a clue. Do not teach your kids to do this. It will get them or others
(officers included), Hurt.
Also, to those who keep saying Mr Massey was shot, he was not shot. To those that say he was electrocuted, he was not. Your over hyping the facts just shows how weak you arguement is.
To those that want every officer who usesa taser to be tasered themselves, you're a little late. Every officer who is issued a teaser must go through the training first. That training includes "taking the ride". They have all been tasered already!
Also, to those who keep saying Mr Massey was shot, he was not shot. To those that say he was electrocuted, he was not. Your over hyping the facts just shows how weak you arguement is.
To those that want every officer who usesa taser to be tasered themselves, you're a little late. Every officer who is issued a teaser must go through the training first. That training includes "taking the ride". They have all been tasered already!
Ed | 9:56 a.m. Dec. 13, 2007
Both are at fault. Massey should have been more cooperative, but the
trooper's "communication" with Massey could probably be an object
lesson in how NOT to conduct a traffic stop.
Police offers are asked all the time "If I sign this, is it an admission of guilt?", or notice hestitation on the part of the ticketed party. What do they normally do? Say "This just acknowledges receipt of the ticket, and is not an admission of guilt". If he had said that, I am almost positive the incident is instantly defused.
Police offers are asked all the time "If I sign this, is it an admission of guilt?", or notice hestitation on the part of the ticketed party. What do they normally do? Say "This just acknowledges receipt of the ticket, and is not an admission of guilt". If he had said that, I am almost positive the incident is instantly defused.
Kevin C | 2:13 a.m. Dec. 18, 2007
OK everybody... watch the video again. At time 2:33, the officer pulls his
taser. Massey was pointing to the speed limit sign and NOT threating the
officer at all. His right hand was *NOT* in his pocket. At time 2:41, the
officer fires his taser *WITHOUT* *WARNING*. Nothing about "Stop or I will
fire!" The officer also never called for backup (at least that we could
see or hear in the clip). You would think that if the officer was threatened
enough to use that level of force that he would call for backup.
The officer then at time 9:50 *LIES* to the other officer about giving a warning to Massey. This officer needs to be suspended in the LEAST! I think that when this goes to trial the officer is going to lose and lose badly.
The officer then at time 9:50 *LIES* to the other officer about giving a warning to Massey. This officer needs to be suspended in the LEAST! I think that when this goes to trial the officer is going to lose and lose badly.
Tom | 2:07 a.m. Dec. 20, 2007
I'm less concerned about the Taser use than I am about the act of Reckless
Endangerment committed by Gardner after the Tasing. After handcuffing and
arresting Massey, Gardner gets up and goes over to Massey's truck to
explain HIS actions to Massey's wife. All the while, he leaves Massey,
whose movement he's aready restricted with handcuffs, lying on the side of
a busy highway next to oncoming traffic, That's a textbook example of
Reckless Endangerment.
Why didn't Gardner place Massey in the Partol Car right after arresting him, and actually complete the arrest proceedure? After all, Massey's safety and welfare became Gardner's legal responsibility from the moment he cuffed him. Anyone thinking there was only a possibility of a civil suit coming from this incident, had better think again. Gardner's reckless actions after the Tasing should remove any remaining doubt. Afterall, Reckless Endangerment is a criminal charge. I doubt Massey's lawyer has missed to much of what's happened here. It's interesting too that this particular aspect of this event wasn't part of UHP's internal investigation. It makes you wonder why they limited themselves to just three areas for this investigation, instead of looking at the entire event.
Why didn't Gardner place Massey in the Partol Car right after arresting him, and actually complete the arrest proceedure? After all, Massey's safety and welfare became Gardner's legal responsibility from the moment he cuffed him. Anyone thinking there was only a possibility of a civil suit coming from this incident, had better think again. Gardner's reckless actions after the Tasing should remove any remaining doubt. Afterall, Reckless Endangerment is a criminal charge. I doubt Massey's lawyer has missed to much of what's happened here. It's interesting too that this particular aspect of this event wasn't part of UHP's internal investigation. It makes you wonder why they limited themselves to just three areas for this investigation, instead of looking at the entire event.
John McDonald | 5:05 p.m. Dec. 23, 2007
It is very natural to be a little upset when you get pulled over especially when
you don't think you have done anything wrong. The cop had no idea what
speed Massey was going and said nothing about why he was being arrested, no
rights, no taser warning. The public view tasers like nearly getting shot, they
don't view tasers like this cop apparently does as an easy way to get
someone in cuffs. This cop has serious "power and control" issues and
should not be on the force. Imagine the next time a UHP officer does something
like this - after they are trying to whitewash this event.
kitt | 10:19 a.m. Jan. 15, 2008
THE VIDEO IS DISTURBING. THE FOURTEEN YEARS OF EXPERIENCE, OFFICER GARDNER HAS,
IS NOT EVIDENT.
FROM THE BEGINING, HE TREATED THE SITUATION AS A ROOKIE. UHP SHOULD USE THIS TAPE IN TRAINING, AS:
HOW NOT TO EXECUTE A CITATION! JASON STATES OFFICER GARDNER STATED HE WAS SPEEDING BEFORE HE ARRIVED AT THE POSTED 40 MPH SIGN. I WONDER WHAT OFFICER GARDNER'S STORY WOULD HAVE BEEN, IF THEIR HAD NOT BEEN A VIDEO. I DO NOT TRUST HIM, ESPECIALLY HIS COCKY RESPONCE, WHEN THE BACK UP OFFICER ASKED HIM WHAT HAPPENED. "HE TOOK A RIDE WITH THE TASER" IS NOT PROFESSIONAL.
AS I WRITE THIS COMMENT, I AM BECOMING ANGRY AND UNDERSTAND WHY OFFICER GARDNERS LIFE IS THREATENED.
AS UHP HAS PLACED HIM ON LEAVE, I SUGGEST WHEN HE RETURNS, GET HIM OFF THE HIGHWAY AND BEHIND A DESK....AND THEN UNDER OBSERVATION. I
WOULD NOT TRUST HIM AS AN "OFFICER SERVING AND PROTECTING THE PUBLIC" HE HAS LOST MY CONFIDENCE!
FROM THE BEGINING, HE TREATED THE SITUATION AS A ROOKIE. UHP SHOULD USE THIS TAPE IN TRAINING, AS:
HOW NOT TO EXECUTE A CITATION! JASON STATES OFFICER GARDNER STATED HE WAS SPEEDING BEFORE HE ARRIVED AT THE POSTED 40 MPH SIGN. I WONDER WHAT OFFICER GARDNER'S STORY WOULD HAVE BEEN, IF THEIR HAD NOT BEEN A VIDEO. I DO NOT TRUST HIM, ESPECIALLY HIS COCKY RESPONCE, WHEN THE BACK UP OFFICER ASKED HIM WHAT HAPPENED. "HE TOOK A RIDE WITH THE TASER" IS NOT PROFESSIONAL.
AS I WRITE THIS COMMENT, I AM BECOMING ANGRY AND UNDERSTAND WHY OFFICER GARDNERS LIFE IS THREATENED.
AS UHP HAS PLACED HIM ON LEAVE, I SUGGEST WHEN HE RETURNS, GET HIM OFF THE HIGHWAY AND BEHIND A DESK....AND THEN UNDER OBSERVATION. I
WOULD NOT TRUST HIM AS AN "OFFICER SERVING AND PROTECTING THE PUBLIC" HE HAS LOST MY CONFIDENCE!
Bob | 6:39 a.m. Feb. 17, 2008
And you wonder why there is no respect for authority. Officers are trained on
how far they can safely push their authority to use force. Have you ever noticed
how when they start asking questions, it is rapid fire speech and you never get
a chance to fully answer before getting cut off? This can be a confusing time.
They are the professionals and they are trained on how and entitled to hurt you
if you make an error. On every traffic stop, you are treated like a criminal. No
wonder honest law-abiding citizens can become indignant which can lead to an
opportunity to use force. Keep you encounters with the police to a minimum.
Don�t invite them into your home. Believe me, they will
start scanning for anything illegal even if you are a victim. Some cities are
even using fire services to scan homes for the PD.
Anonymous | 4:53 p.m. March 22, 2008
LOL stupid guy started walking back to his overpriced SUV shoulda stayed where
he was in the 1st place and would have been fine. If an officer tells you to
step out of your vehicle DO NOT EVER walk back towords it you WILL be tased
Perturbed | 1:33 p.m. March 29, 2008
Mildly arrogant driver
Very arrogant,(not "in fear for his safety"),taser happy, unprofessional officer.
Very arrogant,(not "in fear for his safety"),taser happy, unprofessional officer.
Carl | 4:23 a.m. May 27, 2008
Both sides were in the wrong, but personally I think the trooper should have the
majority of the blame, all he had to do was answer a few questions and then if
it escalated he would be justified. After 12 years in law enforcement I got
disgusted with what I was seeing and it is a growing trend, look at Corporal
Thomas O'Connor in Austin he should have been charged with assault he was
unjustified and IA tried to white wash it. Yes officers are in a dangerous job
but that does not justify abuse of power and the deliberate cover up when it
occurs. A badge does not make someone better than anyone else but that seems to
be the growing trend. I actually had a retired police chef tell me when I
comment on a case in the news you were not there and dont know all the details
and have no business questioning it.
does not give someone a good feeling about LEOs does it. Wear the badge and be accountable for your actions just like anyone else.
does not give someone a good feeling about LEOs does it. Wear the badge and be accountable for your actions just like anyone else.
Oscar Garcia, III;NBPC Local 192 | 12:17 a.m. June 3, 2008
As a Union representative, I have assisted officers in my agency many times who
are being scrutinized and arm chair quarter-backed. In this particular case, I
would have a problem representing this officer who thinks that he has the right
to taze someone simply because he has a badge and a gun and is the supreme
authority. Officers are taught to de-escalate a confrontation, not to incite or
provoke or place themselves in a situation where force may be required.
This is still The United States of America, the land of the free. We do not live in a police state. If an officer uses intermediate force, he must do so by articulating that the subject was actively resisting. In this case the video shows Mr. Massey passively resisting if that, since the officer's instructions weren't clear. The officer states turn around without ever saying "you are under arrest". He never tells Mr. Massey that if he fails to comply he will use the tazer. We must always remember that this country was founded on the priciples that the citizens oversee the Police and the Military, not the other way around.
"An injustice anywhere is a threat to justice everywhere".
This is still The United States of America, the land of the free. We do not live in a police state. If an officer uses intermediate force, he must do so by articulating that the subject was actively resisting. In this case the video shows Mr. Massey passively resisting if that, since the officer's instructions weren't clear. The officer states turn around without ever saying "you are under arrest". He never tells Mr. Massey that if he fails to comply he will use the tazer. We must always remember that this country was founded on the priciples that the citizens oversee the Police and the Military, not the other way around.
"An injustice anywhere is a threat to justice everywhere".
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"Investigators also questioned Gardner, who admitted in hindsight that he had other options but was fearful of his safety at the time."
Sure Mr. Gardner...it is absolutely normal for an officer fearful for his safety to turn his back on the subject and walk casually back to his cruiser to put his pencil and clipboard down.