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Trooper's Taser use pops up on YouTube

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Anonymous | 12:37 a.m. Nov. 21, 2007
I support police officers. I work in emergency services. However: this is the worst video I have ever seen... This police officer should be arrested and charged with unlawful force. This can not be tolerated. Not to mention: he left the person lying on the side of the road. Does the officer have an obligation to protect people? Is lying on a highway protecting people? I think not! I can not for one minute feel that this man was a threat to the officer. UHP should be embarrassed. Keith
Erik | 12:44 a.m. Nov. 21, 2007
This reminds me of what is wrong with America, and what, if not rectified will be the recipe for our demise. Respect. I could go on and on, but suffice it to say, I was taught to respect authority. That meant my elders, law-enforcement, teachers, whatever. Kids now have this sense of entitlement that is unmatched anywhere else on this Earth. They think that if they make a mistake they can just hit the 'reset' button like on their video game and start over. Well, life is not like that. There was once what is called the Greatest Generation. This is not it. What we have is the Worst Generation. No wonder other countries hate us. We are gluttons in every thing we do. This sniveling little brat needs the full measure of the law brought against him and that trooper needs a pat on the back for doing his job. I'm still dumbstruck by this. To have it called into question like the officer was in the wrong. WAKE UP MORONS! It's not the teacher, the officer, the bus driver, or etc. IT'S YOUR KID. Wake up! By the way, I'm 30 years old.
Bruce | 3:46 a.m. Nov. 21, 2007
Disgusting... simply disgusting. The officer should be fired immediately.
Comments continue below
Toby | 4:04 a.m. Nov. 21, 2007
I first read this article and was outraged at UHP. How could they be so power hungry and devious. Then I watched the video. Jared Massey was out of line and the officer did his job. The trooper was trying to arrest him and Jared was walking back to his vehicle, assuming he was going to drive away. Kudos to the trooper for staying calm and doing his job well.
Anonymous | 5:26 a.m. Nov. 21, 2007
A little quick on the taze and a very slow on his people skills.

Former officer
John | 5:58 a.m. Nov. 21, 2007
The police officer pulled the taser gun out at the moment he asked Mr. Massey to turn around. In an effort to control the situation, this trigger-happy officer actively escalated the situation and ended up discharging his weapon on a calm and rational man. The officer then lied about his actions to Mrs. Massey and the backup officer. This provocative and unprofessional behavior should mean that Gardner is suspended pending investigation. I cannot understand why this man is still operating in his duty in light of his conduct.
Get the facts Erik | 6:03 a.m. Nov. 21, 2007
Erik,

Have you seen the video--I have. There are several other facts that are not in the article--when the family received the video, it was totally scrambled and tampered with. They had to hire a computer specialist to unscramble it--kind of makes you wonder what the trooper was trying to hide. Second, the officer, by law, has the responsibility to the driver to prove to him that he was speeding. He did not do that. Finally, why were the two officers taunting the distressed and heavilly pregnant wife? I'm sure that is not kosher with department policy. I hope that the UHP moves quickly to settle this before it blows up nationally. This is an embarrassment to the hard working members of the Utah law enforcement community.
Accept to sign the paper | 6:17 a.m. Nov. 21, 2007
Than between a trooper and a driver could be argue, misunderstand, etc. Next step to see a judge to have speeding charge or dismiss the ticket, which the judge, the driver and the trooper have neutral and work together. The trooper has a reason is protect himselif when the driver was too close to him. (the school or the trooper training trained him the rules). My opinion is the trooper is wrong because he stopped the driver right after the speed limit sign stands. The trooper should wait until like 2 or 3 miles advance after the sign, if the driver continue to drive fast or drive slow down as "processing" after see the sign.
Stacey | 6:42 a.m. Nov. 21, 2007
Well Erik, while I will give you what you say about this generation, I still think this cop was out of line. There was no danger at all to anyone when he pulled out his taser. The only danger that was ever introduced into this situation was the danger the Trooper introduced. Should the guy have signed the ticket and then fought it in court rather than make a big scene on the side of the road with the trooper? Yes. Should he have been tasered for failing to follow the instructions of the trooper, at the first sign of non-compliance? Absolutely not. If there is a suit against the trooper, I would like to hear his explaination of what danger required him to use his taser. From that video, seems any justification he might come up with will pretty much ruin his credibility.
Robert | 7:02 a.m. Nov. 21, 2007
Those are all the skills this cop had to handle the situation? If done properly he could have diffused the situation, but this cop's ego got in the way. Not only did he exercise bad judgement and use excessive force, he didn't even warn the guy before he tazed him. Most cops I've met are professional in every since of the word. This guy is a loose cannon and needs to be removed from the force. He's given the UHP a black eye, and has helped create a situation where people will be less trusting of law enforcement.
Both are in wrong!! | 7:32 a.m. Nov. 21, 2007
Everyone knows you can't approach a cop from behind, especailly after you have refused to sign the ticket (which you have to do). Then you walk away when he tells you 4 times to put his hands behind his head.
The taser wasn't called for, and then the reason why he was getting pulled over was shady for sure. And the cop started to lie to the other officer in the video about what happended.
Both in the wrong, but the kid posed a clear threat by walking behing the officer (twice in fact). STUPID!!!
jim h | 7:39 a.m. Nov. 21, 2007
Great idea Erik, we can just taser the little nippers.
Jim | 7:42 a.m. Nov. 21, 2007
It amazes me that people think that they can resist police and expect to not suffer the consequences. The man was willfully disobeying a lawful command from an officer, and got tasered for it. Why should anyone be surprised? If it were otherwise, everyone would be non-compliant towards officers. If the guy felt that he was being ticketed erroneously, he should have fought his battle in the courtroom, not on the street.
Paul | 7:58 a.m. Nov. 21, 2007
Of course there are only negative comments about the video on Youtube. The person who put the video there deletes any comments that might support the officer.
Re: Erik | 8:20 a.m. Nov. 21, 2007
Incredible. I am speechless. How can anyone take the side of someone using unlawful force against someone who did nothing other than using their right not to sign a speeding citation? There is absolutely no obligation to do so and is an admission of guilt. The individual pulled over had every right to be directed to the speed limit sign and shown why he was guilty. This highway patrolman was attempting to coerce the individual that was pulled over into signing the ticket. The cop tased the guy for no reason. Also, gotta love how the cop left the guy on the concrete, vulnerable to be hit by oncoming traffic. Refusing to read your Miranda rights is another serious omission, and I hope that this trooper gets fired because he can't make sound decisions.

I am respectful of our police officers, and they have a hard job to do. However, I am definately against those individuals who are placed in positions of law enforcement that abuse their position.

Erik, I am very glad that you are not a key decision maker in this country.
Dave | 8:23 a.m. Nov. 21, 2007
I have the highest regard for the professionalism of the Utah Highway Patrol. However, this appears to be an example of an officer whose "badge was too heavy for him."
not right | 8:28 a.m. Nov. 21, 2007
I went to watch the video also, and left a comment. Since the person moderates the comments to his youtube video I doubt my comment will appear. Nice way to get public support, although one sided.

Those officers out in the desert put their lives on the line every day. They don't know when stopping someone if they are a housewife or a murderer. If an officer places you under arrest you don't turn around and walk away. The guy was way out of line. Sign the ticket and fight it in court.
I do respect authority | 8:32 a.m. Nov. 21, 2007
But I only respect authority that handles that power with responsibility, restraint and respect. America is not about rolling over for anyone in a position of authority; this country was founded on the principle that rule of law goes both ways, and that it is our civic duty to keep our eyes open for abuse of power and not to accept it when we find it.
John | 8:33 a.m. Nov. 21, 2007
It's good to see things come out to the public. I'm sure there are many people who get treated bad by cops but their voices are never heard.
Harris | 8:40 a.m. Nov. 21, 2007
We now live in a Police State. Accept this, and you'll enjoy a tranquil life.
Deserved it | 8:41 a.m. Nov. 21, 2007
From the video I saw, the guy deserved it. He was ignoring orders, started to walk back to his car and started to put his right hand in his pocket. I can see why the officer wanted to end his refusal to obey right then. It's easy to see that the officer might have been concerned that the guy was going to reach for a gun, or go get one from his car, or just get in his car and take off. Had the driver obeyed, there would have been no need for the Taser. But, looks to me like he asked for it. No sympathy from me.
Re: Erik | 8:48 a.m. Nov. 21, 2007
Erik, I am completely confused at your comments. I don't understand your generational ranting. Respecting authority is one thing, but knowing your rights and standing up for them is what this country is all about.

This cop was way out of line. Mr. Massey had no reason to sign the ticket (in spite of his guilt), and it is a legal right not to sign it. Signing the ticket is an admission of guilt, and Massey had every right to be shown the speed limit sign. Instead, the cop tried to coerce Massey into signing it and created a situation that never should have come up in the first place. Leaving the man in the street at the risk of getting hit by oncoming traffic was a nice touch.

Watch the video on YouTube. You will probably change your stance.
Ridiculous | 8:51 a.m. Nov. 21, 2007
1- The officer did not warn Jared he was actually going to fire his taser, only repeated to conform. I'm sure if Jared knew it would escalate to that he would have conformed.
2 - The officer did not tell Jared how fast he clocked him. I might have acted similar to Jared in this situation.

I wonder if he is suing for the damages to his head. I would! This is outrageous and the officer needs some more training and /or punishment.
Better suggestion | 9:00 a.m. Nov. 21, 2007
OK all you couch-Cops, once the guy refused the cop's orders and was walking back to his car, clearly to drive away, what do you think the cop should have done? Some how, some way, he had to keep the driver from doing that. Had he not, how do we know there wouldn't have been a much more dangerous high-speed chase. It's clear the guy wasn't going to sign the ticket, and when you don't do that, cops are instructed to arrest. The solution wasn't to let the guy go free just because he disagreed. The driver caused this confrontation.
Jim | 9:01 a.m. Nov. 21, 2007
I watched this clip with two veteran police officers of more than 10 years and both stated that while Mr. Massey's actions were poor at best, the officer did not conduct himself in a professional manner and as such he should be punished, and that there was at least one major thing the officer did that was illegal. When I inquired what punishment they felt was just, they were split with one stating he should be fired to send a message to bad officers that misconduct will not be tolerated and the other stating that he should receive a temporary suspension and a strong warning that if it happens again he will not only be fired, but any misconduct that includes an illegal act will also result in prosecution.
Chuck | 9:01 a.m. Nov. 21, 2007
Is this the exception or the rule.

I know my run-ins with police have been respectful, only because I showed respect, while the officers are rude and overbearing.

They need to remember to protect and serve, or lose the motto.
Testing the waters | 9:04 a.m. Nov. 21, 2007
I think releasing the video is Massey's way of testing the waters for his lawsuit. But as he should see, he's not getting everyone on his side. He started the who incident by his disobedience to an officer. He left the officer no choice, and a jury will see that.
A better way... | 9:07 a.m. Nov. 21, 2007
This is a situation that totally got out of hand by both the officer and the man driving the car. Troopers should be better trained for instances like this. Rather than tasering him, maybe the officer should have taken him to the patrol car, show him the tape of the 40 mph sign on the dash cam, show him the speed he was going and let him know that state law requires, (without admission of guilt), a person signs the ticket. This would never have had any pub if the officer was better trained for this event.
Dave | 9:06 a.m. Nov. 21, 2007
Sure he could fight the ticket in court, but I learned the hard way that you are guilty and it doesn't matter what evidence you may have you are still guilty because the officer never lies. I already hate driving because I have been pulled over for no apparent reason. I was following the speed limit and watching the car on the right pass me and then I look in my rear view mirror to see that I am getting pulled over. Apparently driving legally warrants officers to pull you over because you must have something to hide.
Paul | 9:09 a.m. Nov. 21, 2007
UHP: Please send the right message to the community -- that the UHP is here to protect, not terrorize �- and fire the officer. If he's not fired, I just can�t respect the UHP. This is an officer who clearly let his emotions get the best of him and acted so as to needlessly escalate the situation and put everyone there in danger. People who cannot control their emotions are dangerous in the context of law enforcement and should not be in that line of work. Also, the officer is demonstrably deceitful. If his account to his colleague resembled what actually took place, he might have been justified. But it was not accurate; he lied about the man's demeanor, he lied about the sequence of events, and he lied about giving the man a warning. Like people who can't control their emotions, people who cannot be trusted to give a reasonably accurate account (rather than a self-serving one) should not have that job. Simply put, trust is vital in law enforcement, and this officer cannot be trusted. He has to go. Even if this was a one-time, momentary lapse of judgment (which I seriously doubt), he has to go.
J-Dog | 9:10 a.m. Nov. 21, 2007
Also if you notice on the video, after the incident, the victim is asking why did he taze him. The officer said you were under arrest and didn't follow orders. I went back and watched again, never did the officer say he was under arrest. All he said was step out of the car, just once... that is all.
At first read, I thought the trooper was justified, but after the video, if anyone was threatening, it was the officer threatening the wife! If you were threatening my pregnant wife like that, You would be the one being tazed.
Poor conduct by the officer.
grundle | 9:16 a.m. Nov. 21, 2007
I agree that both were wrong in what can be observed in this encounter.

You are required by law to sign a citation given to you by a law enforcement officer and the driver should have recieved additional charges for failing to comply with the law. He probably still will.

The driver was not out of control and clearly not an immediate threat to the officer. He did not warrant being tasered without additional warning. At some point though, if he had continued to not comply with lawful instructions then force would have been justified.

I believe that the officer should face disciplinary action and additional charges be filed against the driver.
Derek | 9:19 a.m. Nov. 21, 2007
It is pretty apparent from the you tube video that the gentleman that was tasered was not cooperative with the officer. While he had a right to ask the questions he asked, he has a responsibility to follow the directions given him by police. I stand by the officer; when someone chooses to act the way this gentleman did, and place an officer in a situation where he may feel at risk, that person has to accept the consequences for his actions.

There is a time and place for asking the questions and making the demands that this gentleman did, but this was not one of those times. This was a time for him to comply with the officer and do as he was told.

The reality is, if he had just signed the ticket, he could have gone to court and made his arguements there, and the whole taser incident would have been avoided.
Sad but true... | 9:21 a.m. Nov. 21, 2007
I see this also as further proof that construction zones are used for revenue generation for the police. I have seen this far too many times, people being pulled over for speeding when they have just barely passed the change of speed limit sign, and even when their break lights are on and they are obviously slowing to the new speed.

Further evidence is the fact that often the speed limit changes well over 1-2 miles ahead of the actual construction, causing drivers to questions whether it really has changed and giving police ample time to pull someone over. Notice in the video that there is no sign at all that anything is going on ahead of them to warrant the speed limit change.
Citizen | 9:26 a.m. Nov. 21, 2007
In my opinion, this cop is a joke. It looks like he has a serious case of "little man syndrome." I sure am glad he was out protecting the public from "violent" criminals like Mr. Massey (tic). Don't we have bigger crimes to fight than a guy doing 15 over the speed limit. Utah needs to get rid of the glorified meter maids that we call the Highway Patrol or at least help them understand that they are not the big men on campus that they think they are. We are all lucky the officer had a taser issued to him, because I think the officer would have shot the guy to death if he had not had the taser available. This man was not a danger to the officer or anyone else. The only "danger" arose when the cop left Mr. Massey laying in the highway for other cars to run over. Take this cops gun and taser and badge away before he really hurts someone. Salt Lake City has some meter maid positions available. Luckily, they don't issue meter maids tasers or guns.
ScienceGuy | 9:30 a.m. Nov. 21, 2007
Tasers are a form of deadly force. They can and do kill people. Unfortunately, they are sold to the police as "non-lethal", which encourages officers to use them more often than is reasonable.

In this case, the officer's life wasn't threatened.
Was he raelly speeding? | 9:42 a.m. Nov. 21, 2007
The problem is, cops pull people over for speeding when they are't ALL THE TIME. You never win in court becuase it's a revenue producer. I had an officer lie in court and then change his story when it was proven wrong. I still lost the fight on the speeding ticket. For speeding tickets, you're not just guilty until proven innocent, your just guilty no matter what. I could list story after story of friends and family who were wrongfully cited by police, even when video evidence shows the truth, and it's not on the side of the cops.
Relax | 9:44 a.m. Nov. 21, 2007
Ok, first, miranda warnings were not at issue. They are not required when you arrest some. I know that is contrary to everything you may think but they are only necessary before questioning and the lack of miranda warnings at the time of arrest is irrelevant if there was no questioning.

I will admit that the officer was a bit out of line but when you have ordered someone out of a vehicle and he starts to return to the vehicle an officer doesn't know what he is going to do when he gets back to the vehicle.

As for some requirement to show him the sign I have never heard of anything of the sort. The kid kept ranting about his rights. Funny. Too much tv for him

Watched video | 9:45 a.m. Nov. 21, 2007
"Knowing your rights and standing up for them is what this country is all about."

That's why the courts exist. That's where it should of been handled, not on the side of a busy road. The officer told him where the speed sign was, he is under no obligation to walk or drive back with him for show and tell. The guy driving made the officers job more difficult and shares in the responsibility. They should show this video at driving school classes on how not to act when pulled over.
Erik must be a cop | 10:02 a.m. Nov. 21, 2007
I only see comments like that in defense of such idiotic power-hungry behavior from cops or their friends/family.
fire the cop | 10:03 a.m. Nov. 21, 2007
This cop should be fired immediately!! No question about it, he was out of line! It makes me sick to see things like this. For those of you who say that Mr. Massey deserved to be tasered, you did not read the three stipulations on when cops can use tasers. Mr. Massey was not a threat to anyone, and just wanted the cop to show him the speed limit sign. The cop was not willing to cooperate at all, and abused his power. The cop was set on tazing this guy, and just wanted to do it, because he is a loose cannon.

He should be fired, and should be prosecuted. It has nothing to do with respect as Erik claims. Our country was founded on standing up for what is right, when those in authority were in the wrong! Everyone says he should have fought it in court, but that may cost him a whole day of driving back down to some poedunk town in Utah, and wasting a whole day and money to get there. It is a hassle! Mr. Massey should have cooperated, but the cop was the one who was in the wrong!
l | 10:11 a.m. Nov. 21, 2007
First of all, I'd like to see the text of the supposed law (get the facts 6:03 am) that state that the police officer has to prove anything before writing a ticket.

Second, (re 8:48 am) signing a ticket is not an admission of guilt. It says right on the ticket.

Third, you start walking away from a cop that is telling you that you're under arrest, expect something bad to happen.

Fourth, after you've been tazed and cuffed, you don't get up and start following the cop around and arguing with him.

Fifth, once the cop explains why you've been pulled over and arrested, stop asking why you were pulled over and arrested.

Now, all that said, he told the other cop that he warned the kid he would be tazed, when in fact he did not verbally tell him he would be tazed. But um, guess what, when you have a tazer pointed at you, do you really need someone to spell it out?

How much do you want to bet this kid laughed at the 'don't taze me bro' video on youtube and how much he deserved it, and now he gets the same treatment.
Things that make you go hmmm. | 10:12 a.m. Nov. 21, 2007
Why would the officer not bother telling the guy what speed he was going? Could it be that maybe, just maybe the officer didn't get him on radar and just judged the speed visually? I've known cops that have done it and sometimes it works out sometimes they lose in court. It's all a gamble.

One thing is for sure this whole situation never should have reached this point.

Everyone wants to be an expert. Officers, Citizens, Comment Posters. The fact is everybody has some flawed thinking from time to time and it's a joke watching people argue when they don't know all the facts. I don't know it all and neither do any of you (not even if you are the officer involved or the guy who was tased). If you think you do know it all, better run for President and make a difference while you still do know it all.
Can someone please | 10:12 a.m. Nov. 21, 2007
explain to me why individuals must be arrested when they refuse to sign the ticket? Lets say they don't agree with the officer's contention and feel, in no way, that they should sign the ticket to acknowledge anything. Why do they have to go to jail? And if they continue to refuse to sign the ticket, do they just hold the guy in the pokey the rest of his life until he signs it? I mean, if the guy flat out refuses to sign the thing...ever, what is the end-game here, how does it end? Can they just jail him forever? The whole thing just seems so asnine to me, that you lose your right to freedom because they contend you were speeding, but you refuse to sign the ticket.
Lowell | 10:13 a.m. Nov. 21, 2007
Troopers are called "Highwaymen" for a good reason, as a significant part of their job is "revenue enhancement" for government, despite how much the general public hates paying their tolls for passage. In one instance, when a trooper informed me that he had caught me speeding, I answered "Oh really, if that is so, then you won't mind if all of us in the car go back and look at your speed gun". He swore out loud (oh, shit!), but did go get into his car and leave immediately. In contrast, the trooper in this video continued to play his own games, escalated his errors, lied several times, and abused his authority very badly. He is one of the reasons that Americans have such an intense dislike of the so-called "Police State", which appears to be on the rise. As a former city official, I appreciated the work of our officers, but always asked them to play by the rules of fairness during revenue collections (ticketing). No question, this trooper would have been fired under our jurisdiction for this, particularly with this evidence. Wow but wow!
misconduct | 10:19 a.m. Nov. 21, 2007
This is really unacceptable. I think the bigest probelem is that the officer told Jared "I am placing you under arrest" the officer did not follow that with the miranda rights. From this point Jared could have said that "he did it" and nothing could be used against him. Further this offcer clearly viloated the 1966 Supreme Court ruiling by not giving him his rights.

The other part that troubled me was people have the right to know what they are being charged with. This officer would not tell him what he was being charged with.

Serious ethical issues are in concern with this UHP officer, and he needs to be placed on Admin Leave until its figured out, and the fact that he has been working since the incident, with the UHP having seen the video, is in poor taste for the UHP and that needs to be investigated.
Egregious Behavior | 10:25 a.m. Nov. 21, 2007
The officer's conduct was reprehensible - a ego driven, power hungry jerk who should lose this job. Moreover, a civil suit should be filed immediately. This cop is a disgrace to the UHP. I'm sure it is not the first time he has treated people this way. Fire him!
Miss Synthia Forsyth | 10:25 a.m. Nov. 21, 2007
This is an odd story... I don't understand two things though: ONE, why and who was video taping this whole thing? TWO, why did they post it up? It just really doesn't make sense... no matter who it was, why would you post it up on youtube?
Matt | 10:31 a.m. Nov. 21, 2007
Utah law governing force in making an arrest...

77-7-7. Force in making arrest.
If a person is being arrested and flees or forcibly resists after being informed of the intention to make the arrest, the person arresting may use reasonable force to effect the arrest.

This officer didn't inform the motorist he was making an arrest. Whether the force used was "reasonable" is up to a court to decide. The officer broke the law, and therefore was not justified in his actions.
honest in all your dealings! | 10:34 a.m. Nov. 21, 2007
This only pts out the good ol' boy system which exists as many a cop couldn't cut in school but still want to rule! they suffer from the Napoleon complex yet there are good ones , who are done more damage than good by officers like this.

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