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Utah to pay $40,000 in Taser settlement

this is a crying shame that a guy can be such a jerk and disrespect an officer and get paid for doing so! He'll probably do it again.

I wish I could act irresponsibly, turn my back on an officer in a mocking and menacing way and then get paid $40,000 for when he took the appropriate force to take me down because I wouldn't cooperate. Mr. Massey should be ashamed of himself.

If the oficer did nothing wrong the state should go to court and defend him, even though it might eventually cost more than $40,000. If the officer handled the situation properly this is legal blackmail! The state shouldn't encourage bad behavior. We need to support those we ask to enforce the law!

Why is the State paying someone money who was clearly in the wrong? Just because this guy puts his immature and illeagal behavior on Youtube, he makes money. I hope he donates the cash to charity. It makes me sick that he profits from his horrible behavior. He should be ashamed of himself. Who raised this guy? I don't know how he shows his face in public. This teaches our children that they can disrespect the law and make some cash. What a great example.

Massey should be holding out and getting a few more zero's on the end of that dollar amount as well as a formal apology from the UHP and making sure that Gardner is Fired.

I have several friends and family members that are officers and they all say that gardner acted stupidly and was completely wrong. He never should have let the situation escalate to the point of needing to bring out the taser and the comments he made are inexcusable. Those comments are why they are settling!!!!

Another prime example of how our criminal justice system works. The criminal gets all the justice. Now the tax payers are footing the bill for Massey's arrogance and disregard for authority. I gladly let someone taze me for $40,000I'dze me for $40,000.
To Just a Guy. It was Massey that acted stupidly. He violated the law.

There is a difference between acting "stupidly" and acting illegaly. If everyone who acted stupidly got sued there would be no career in the US other than lawyers. I dont disagree with what the officers you know said. But, I notice you didnt say that any of them said what he did was illegal. Try asking them that question and ask them for supporting case law. A hint on the case law...Draper v. Reynolds.

Gardner is an employee of the tax payers. He displayed a lack of mature judgement. It appeared that he enjoyed bullying and using excessive force. Perhaps this settlement will remind all law officers that they are hired to protect and serve the public and that their authority comes from individual citizens granting that authority to them through government.

Both Massey and the Officer were wrong, the problem was the officer had over reacted that is all! He could have handled it much better even if Massey was an Idiot!
The ticket does not have to be signed to be valid!
Two hot heads will never have a good out come!
The officer was not trained to correctly handle the issue!

Put it to rest now. (The End)

For all of you who are crying foul here, remember, that even the Dept of Public Safety stated the situation "could have" been handled better. Gardner DID fail to communicate clearly and adaquetly to Massey. That is where the wrong is, even if Gardner was cleared of any wrong-doing. This is a shame. Clear the cop even th ough he had some wrong-doing. Can't have it both ways.

How do you turn your back on someone in a "menacing way" . . ?

Gardner was in the wrong, and he knew it -- that's why he LIED to the backup deputy. Gardner's big mistake was lying with HIS OWN VIDEO CAMERA RECORDING IT! This shows a certain level of stupidity.

Giving the man 40,000.00? All he did was set himself up to be tasered. He acted in complete disregard of the safety of himself and put the officer in the need to defend his life. If the officer didn't act with caution he could have lost his life. If he acts with caution and tasered the guy then he puts himself at the risk of loosing his job. I don't get it. Mr. Masssey you were in the wrong and beligerent I don't think that deserves compensation.

Most people who don't like this settlement seem to believe that Mr. Massey deserved the treatment he received from the officer because Massey was a "jerk" or was "uncooperative" or argued with the officer. But law officers are trained to pull their weapons from their holsters only when there is clear and present danger to the officer or others. In this case, the officer pulled his weapon from its holster for no clear reason. He had ordered Mr. Massey to get out of his vehicle, which he did, then he pulled the weapon out and aimed it at him. It was only then that Massey turned his back and started walking back to his vehicle. The officer then shot him with his weapon, not once, but twice. Then he clearly exaggerated about Massey's behavior when the second officer arrived at the scene. The lesson here is that officers must be professional.

Massey was clearly at Fault Period!!!!
He put the officer into a position where a choice had to be made. I don't know about the rest of you but I have a wife and 4 kids who depend on me to come home every night. I'm not a police officer or fireman but a sure am thankful to those who fill these positions in our communities. I was pulled over for speeding yesterday, guess what? I did it, I'll take my lumps and try to be a better driver next time. Massey broke the law once and now he's stealing from the tax payers. He's Gutless and unable to take responsiblity for his mistakes, but hey!! he's smiling all the way to the bank. Should we all be so lucky to have such a person in our community.

I, too, have a wife and children who depend on me to come home every night. And that odds of that are lessened, not raised, by allowing people like Gardner to remain in the employ of the state.

I am a strong conservative, meaning I think the ability of the state to abuse its citizens should be limited. And I am insistent on law and order, which means I think people should be punished in proportion to the degree that they threaten the safety of the people. No principled person who believes either of those things can in any way condone what Gardner did in his gross abuse of authority, about which he gloated on tape, nor can they condone the State in not punishing him for that abuse. I am a huge supporter of the brave police officers who work for the state of Utah, and every one of them I have talked believes Gardner behaved profoundly inappropriately. This is not any sort of "close case".

I am not sure what the danger was after i watched the video his hands never left the officers site. In the officers own words he tasored him due to the fact that he did not follow instruction not out of defense. I put myself in Masseys shoes, if i argue or disagree with an officer according to what i read this would be a good reason to be arrested and tasored, why not shot. There is a reason that authority can not be used in excess and it is because we have rights. It is clear that Masseys rights were violated and they made the best decision to settle 40,000 instead of the millions these cases usually go for. It would be completley diffrent if there was any danger present but there was not.

I work in law enforcement, and guess what the topic is this morning? None I have heard have expressed that Massey deserved the money. Protocol is that a person is cuffed for the safety of everyone until things can be sorted out. I'm sure warrants etc. were being run, and Massey was aggressive. That's why Gardner ordered him to put his hand behind his back. Massey was not going to comply with anything, from signing the ticket and anything that was to happen after that.

Not only is it unfortunate that he was paid for his bad behavior, it has set presidence for officers and the general population, by showing if you're enough of a jerk, you may get your moment of fame on youtube, plus get money for it. I don't think any officer would have reacted differently. Massey didn't comply, turned his back on officer, put his hands in pocket (had he been patted down for weapons), wife was trying to get in on the situation -- yeah, any officer would have felt threatened.

Sad thing is next time Gardner may hesitate and lose his life for that hesitation. Hope Massey can live with that if it happens.

If the state believed this guy did nothing wrong why are they paying him $40,000. Obviously they know the police was not in the right.

A jury would have recognized Massey's greed and handed him his attorney bill, and the state's attorney bill and said "Here, take care of this, would you?" He must be one greedy dude.

The Massey apologists and this ridiculous settlement demonstrate the slippery slope this country is sliding down. When an officer points a weapon at me and orders me to put my hands behind my back I'm not stupid enough to turn away from him and put my hands in or near my pockets out of the officer's site. If I did that I would expect that weapon to be discharged whether it was a gun or a taser.

Somebody remember this: You haven't seen the last of Mr. Massey. He will be in the news again and we'll see if any of you change your tune.