Deseret News | Trooper's Taser use pops up on YouTube

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Trooper's Taser use pops up on YouTube

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CeeCee | 10:33 a.m. Nov. 21, 2007

wow... did you all watch the same video as I did? If so, then how can you all say the officer was justified. Yes, they were both wrong. The driver, from the begining, just wanted to know his speed. The officer wouldn't say. Driver refused to sign ticket, which is his right. Officer ordered driver out of car, he complied. Officer said "you're under arrest" and IMMEDIATELY pulled out taser. If you'll notice, the driver had his hands in his pockets the whole time. If the officer was afraid, why didn't he say to show his hands. The driver turned away(wrong to do) the officer immediately tased him (WRONG!). Then the officer left the guy on the side of the busy highway! Then when he did "arrest" him he didn't read him his rights and did an illegal vehicle search. The driver has the right to question the reason for being pulled over! The officer is way more wrong than the driver.

David | 10:39 a.m. Nov. 21, 2007

I was disgusted by the video. "Officer" Gardner needs to be tasered and kick off the police force. I'd be more than willing to taser him.

Public citizen | 10:45 a.m. Nov. 21, 2007

Most cops tend to behave like they are above the law. We even have special laws that deal out harsher punishments for those who inflict harm on law enforcement officers. I think we need special laws to deal with cops like this---let's allow the victim to taser the cop, or, have guilty cops serve time with the hard core in prisons and let the prisoners "shape them up" before releasing them into society.

Comments continue below

ceecee | 10:45 a.m. Nov. 21, 2007

to RELAX: everything I've learned and read (and just researched again in the web) state that a person must be read their rights (miranda) when the subject feels that they are not free to leave a situation. This guy was told he was under arrest, then tasered, then handcuffed. Obviously, he was not free to leave, which says to me that he was suppose to be read his miranda rights.

WTF | 10:53 a.m. Nov. 21, 2007

Could the officer not of asked the suspect to stand with his hands on the hood of the car and take control of the situation from that point or possibly used stronger verbal commands? Dont jaywalk in Vernal, Utah - i hear they are putting snipers on the street corners to deal with such unruly people!!!!

The Force | 10:53 a.m. Nov. 21, 2007

I think he was a little quick on the Taser. However, I've taken taser blasts before, and it's not that bad. I'd much rather be subdued by a taser than have an officer physically wrestle me to the ground or spray pepper spray at me ï¿½ both of which are a lot worse. The guy looked like he was headed back to his vehicle. I think the officer should have told him if he didn't stop he'd get zapped before he actually zapped him.
Of course the whole situation would have been avoided if they guy had just signed the ticket and fought it in Justice Court, or if he'd followed instructions.

Moose | 10:53 a.m. Nov. 21, 2007

When issues a ticket by a traffic cop you have two choices. 1) Agree to appear in court by signing the ticket. It is NOT an admission of guilt and so states. 2) Go to jail where you can agree to appear by posting bail. If you refuse to sign you go to jail. When a traffic cop tells you to turn around you do it to allow the handcuffs. This guy turned his back on the cop and headed back to the car. The taser showed great restraint. Without it he would have his face ground into the asphalt while the cuffs were securted.

dpimp | 10:53 a.m. Nov. 21, 2007

Jared, next time your told to turn around by a police officer, i suggest doing it!!

a random John | 10:58 a.m. Nov. 21, 2007

The officer's attitude and unwillingness to answer reasonable questions led directly to this incident. How he isn't suspended after his superiors saw this video is beyond me. There are several things he could have done to avoid this. The first is to simply explain that signing a ticket does not indicate an admission of guilt. Second, he could have answered the question of how fast the guy was going. In ten minutes he never addresses this.

Finally, the video clearly shows the officer obscuring the speed limit sign before he pulls the guy over. The sign is shorter than normal and out on the median with the cop parked right in front of it. The chances of noticing it are slim.

Also, how is tasering the guy so that he falls into traffic safe? The cop is lucky he didn't cause an accident through his recklessness. Clearly throughout the video the person out of control is the officer. The driver stayed calm.

I fail to see how electrocuting our citizens makes us safer.

Stunned | 11:01 a.m. Nov. 21, 2007

I watched the video and it was not clear that Mr. Massey intended to get in his vehicle and leave. However, what if he had? He was a speeder not a bank robber! The officer had his vehicle information and Mr. Massey would have easily been found and punished. The Taser was totally unjustified. I support the UHP but this cop is an accident waiting to happen.

johnny | 11:07 a.m. Nov. 21, 2007

what about the illegal search at the end of the clip? hope this guy loses his job.

loser cop | 11:18 a.m. Nov. 21, 2007

This guy should lose all right to ever be a police officer. The biggest problem is that he makes a bad name for all highway patrolle. This should be an asault charge on the officer. The driver showed complete respect for the officer but was unwilling to bow down to his commands until he had a good reason to do so. I think this guy will cause a lot of tax payer money to be paid to the driver - what a loser.

Additional thoughts | 11:26 a.m. Nov. 21, 2007

I have seen the complete video, not just the clip on YouTube. After Jared was taken to the jail (by way of the hospital because of the cut on his head) the remaining officers, who are off-camera, are laughing about Jared's "old lady" and how funny it was when he was tasered. Granted, Jared should have signed the citation, but the officer did not ever state that if he didn't he would be arrested, nor did he tell Jared, when he asked him to get out of the car, that he was going to place him under arrest--not until after he was tasered. Part of the missing video includes several minutes of just waiting while the officer is in his car. The officer's version of the events is just not accurate as to what really happened. There's fault on both sides, but public servants have a responsibility to act with, well, responsibility and professionalism. There are lots of problems with misuse of authority here in the Uintah Basin. This is just one visible example of that. Most officers do a good job. It's the few who don't that make it bad for all of us.

Nick | 11:32 a.m. Nov. 21, 2007

Officers like this should be made an example of. The person in question was merely asking how fast he was going and the police officer in question was obviously power-hungry. At no point did the office issue a warning that Massey would be tasered, which the officer reported to the second officer that he did. He obviously lied to his superior.

Being an officer of the law is a privilege, not a right...

Tenderheart | 11:36 a.m. Nov. 21, 2007

I'm a grandma who's never had so much as a parking ticket but I am becoming frightened after seeing numerous videos of abusive policemen who tase non-threatening folks for being insufficiently humble and compliant. People refuse to sign tickets all the time and simply get more charges or higher fines. The policeman in this case had the man's license number; there was no reason whatsoever to tase him just for being mouthy.
I have sympathy for the difficult situations policemen face, but if they tase people for asking too many questions, I'm in trouble. (Even without a brown lawn, if you remember that incident.)
And just think - if there had been tasers in the 60's all the Jim Crow laws would still be in place. Those practicing civil disobedience simply would have been tased, sometimes to death.
A taser is NOT a benign instrument but is increasingly being used to torture people into compliance in non-threatening situations. That scares me.

Both were in wrong | 11:41 a.m. Nov. 21, 2007

Both people behaved badly.

The officer overreacted. The speeder... 1. speeding, 2. refused to comply (both the speedlimit and requirement to sign the ticket) note the signiture is just that you recieved the ticket, not an admission of guilt, 3. approaching officer from behind with his hand in pocket, 4. Heading for the car (which will obviously lead to a chase and officers having to stop the car with force) once in the car he puts his wife and anyone on the road in danger.

I think it's obvious they both behaved badly. I'm mainly suprised at how quickly a majority of the commenters here have turned on the officer and want him fired, arrested, etc.

Personally I appreciate anything an officer can do to prevent a high-speed chase before it gets started. Once the cars start rolling... there's going to be damage and injuries no doubt.

Interesting that you often hear of law breakers suing officers if they get hurt during an arrest. You don't often hear of officers suing the people who hit/hurt/kill officers in the struggle that often occurs when an officer tries to restrain them.

You YouTube judges should be ashamed.

Self-appointed law professor | 11:50 a.m. Nov. 21, 2007

Signing the ticket is not an admission of guilt. It is an agreement to appear on the charge. You still get your day in court (unless you waive it by pleading guilty and paying the fine by mail).

Failing to sign the ticket is saying, "I do not admit that I was here or ever saw this officer. You can't prove you actually pulled me over." The only recourse the officer has at that point is to arrest the driver and charge them immediately. You still get your day in court. But it's a lot less convenient for everybody involved.

Marky | 12:00 p.m. Nov. 21, 2007

So much misinformation. So little time.

The driver does not have to sign the ticket. Signing the ticket is not an admission of guilt.

The cop does not have to "read you your rights." It's not required. If the cop does not, then your statements can't be used against you. That's it.

The cop doesn't have to "prove" that you were speeding when he stops you at the side of the road. That's what happens in court.

You do have to obey the orders of the police. When they say "stop" you must stop. When they say "turn around and put your hands behind your back, you must do that as well.

Was the cop out of line? Maybe. But the driver's clear misunderstanding of the situation and failure to follow a few simple commands caused this situation to escalate.

Too bad for everybody involved.

Rudy in LV | 12:04 p.m. Nov. 21, 2007

It's easy for some of you to believe the trooper acted reasonably, until you are are put in a comprimising situation like this. Then let's see if you still feel they are reasonable. I have experienced the "power trip" myself for going 5 miles too fast at 3:00 in the morning with no one else on the road (except our W. Jordan's finest). Too many times we are pulled over to fill the coffers when yet you see them being hypocritical & driving too fast or dangerous in non-emergency situations. These kind are bad apples & should not be allowed to perform in this role!

the cop was right? | 12:06 p.m. Nov. 21, 2007

If it's so obvious that this was such a text book way for the taser to be used, why would it even be in the paper or getting air time or generating so much buzz? The interest this is generating obviously demonstrates that the officer's use of the taser has a lot of people very uncomfortable.

officer, officer! | 12:17 p.m. Nov. 21, 2007

Come on ...read the miranda rights at least...what kind of training do the UHP get or maybe they get a little lower IQ because of the low pay. You get what you pay for!

Anonymous | 12:20 p.m. Nov. 21, 2007

as they say 2 wrongs dont make a right

UHP are the devil | 12:34 p.m. Nov. 21, 2007

I hate traffic cops. They make their living harasing people to meet their quota. Get a real law enforcement job and arrest real criminals, not some guy going a few miles over the speed limit. Arrest the sex offenders.

Sometimes I'm Glad I Left Utah | 12:37 p.m. Nov. 21, 2007

I don't know which is more disturbing: a cop who tasers a nonviolent speeder or people who think that the officer's behavior is justified. If the public approves of abuses of power, then the police can get away with lying, arresting people without a cause, and unnecessary use of force. The trooper in this incident tarnishes the name of officers who put their lives on the line each day to protect the public from real criminals.

Over Reacting, Unsafe Officer | 12:38 p.m. Nov. 21, 2007

I hope every officer who works with him gets a view his inability to gauge a situation properly. It's overreactions like his that put other officer's lives at risk. Trigger-happy, inexperienced officers are a danger to others on the force.

I would not want to be that guy's partner, no way. Give me someone with a steady mind and a good sense of reason any day.

That video getting everywhere is hopefully just the beginning of his punishment. He lied to the other officer about what he said prior to tazing.

If he'll lie to a fellow officer, he can't be trusted. PERIOD.

Andrea | 12:42 p.m. Nov. 21, 2007

One point that needs to be clarified: An individual is NOT admitting guilt when he signs a ticket. It is just a promise to appear meaning he will take care of the ticket through the proper channels. If an individual chooses not to sign the ticket, the officer has the option to take the person to jail. Another point to be clarified: An officer is not required to show a violator the speed limit sign, nor is he required to show the radar.

If you get pulled over for speeding, sign the ticket, fight it in court, if you so desire, not on the street.

PHXCOP | 12:51 p.m. Nov. 21, 2007

I didn't watch the video, but the solution was simple. If the speeding violation was a civil violation just write "served" on the bottom of the citation where the violator refused to sign. Give him the citation and tell him to have a nice day. Walk away and leave the violator to stew about the ticket. I bet the officer felt disrespected and let it get to him and in turn overreacted. I know its easy to criticize, but as an officer its better to think in the back of your mind, "is this gonna end up on the front page?"

mjvincent | 12:53 p.m. Nov. 21, 2007

Granted the police officer isnt required to 'show the guy the speeding limit sign', and the alleged speeder was not following instruction. But in the video at no time did the alleged speeder seem threatening and yes I was a police officer at one time. Clearly in my own mind the police officer escalated the situation and endangered the man and his wife by the officer's own actions. He needs to be reprimanded.

Rationality | 12:53 p.m. Nov. 21, 2007

The people posting comments supportive of the officer must work for the UHP. The officer could not even state how fast Massey was going and did not enter this information on the ticket that Massey was expected to sign. He probably never even clocked the speed, as he was initially driving in FRONT of Massey's vehicle! What's more, he never told Massey that refusing to sign the citation could POTENTIALLY result in arrest. Not everyone knows this. This is a minor SPEEDING ticket, not a violent crime. The very idea that a cop might react in such a way to a minor speeding infraction likely never entered the driver's mind.

Cops are public servants, not unaccountable tyrants who have the right to demand that we "obey" their petty commands over the most trite affairs. The cop couldn't explain himself, because he was acting unreasonably and like a power-hungry maniac.

What's the law? | 12:55 p.m. Nov. 21, 2007

I keep reading that it is someone's right to ask to see the radar gun to prove they were speeding. Is this really a right? Can you really demand to see the radar gun? And does the cop really have to show you the speed limit sign?

If anyone can tell me that, and what their source is, that would be great.

Funny | 12:58 p.m. Nov. 21, 2007

I think the officer was well within his rights to protect himself. When a command is given, you obey it? If you don't then it is considered not compliance, then you fry them.

rationality | 1:04 p.m. Nov. 21, 2007

I love the people ranting about "obeying" police officers. Have you guys forgotten who pays their salaries? Are you all a bunch of sniveling little children? Part of being a cop is understanding how to diffuse situations using COMMUNICATION SKILLS before applying brute force. The cop explained absolutely nothing to this man about what he was being charged with, instead demanding blind obedience and conformity to a charge he couldn't even accurately describe. Regardless of whether signing a citation is an admission of guilt or not, why should anyone be required to sign a citation that hasn't even been properly written? He never indicated how fast Massey was driving! Why should a driver sign a fictitious citation and even agree to the process involved with disputing a specious allegation?

This man was unarmed. He had his pregnant wife and toddler child in his vehicle. Please drop the asinine posturing about Massey putting an armed cop in danger. Obviously, you didn't watch the video, because such assertions are absolutely absurd. Gardener tasered the man not once, but twice.

youhavearighttoremainsilent | 1:09 p.m. Nov. 21, 2007

The right to remain silent includes the right to not have to sign anything. The reason for the right to remain silent is that without it, police can and will torture people to get people to talk. This is exactly what happened here: a man was tortured for exercising his right to remain silent. This is fascism, and it will get worse until we put a stop to it.

Officer--How fast was I going? | 1:14 p.m. Nov. 21, 2007

Gardner blew it as a law officer.

He failed to tell Massey how fast he was driving (the reason he pulled him over was for speeding).

He failed to tell Massey that arrest was imminent if he didnï¿½t sign the ticket.

He failed to tell Massey that he was placing him under arrest once he ï¿½hopped out of the carï¿½ for refusing to sign the ticket.

He failed to warn Massey that he would be tasered for not obeying his order.

He failed to use a proper amount of force in response when Massey disregarded of his order.

He failed to place Massey immediately in back of his UHP vehicle after he cuffed him.

He failed to follow UHP protocol and inflamed a situation that could have been solved in a more professional manner.

The whole stop seems a bit dodgy on Gardner's part as he pulls over, lets Massey pass and then rapidly pulls him over before he even hits the 40 MPH zone.

I am sick of hearing "if he had only obeyed he wouldn't have been tased". Gardner has a greater responsiblity as a UHP trooper and failed miserably.

Robert Conlan | 1:34 p.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.

He should be put on desk duty until he is retrained.

TJ | 1:36 p.m. Nov. 21, 2007

I don't get why the officer didn't just grab Massey when they were walking to the officer's car and then handcuff him. It was like the guy has OCD and doesn't like touching people or something. The officer never said I am placing you under arrest, place your hands behind your back. He should have said this right when Massey got out of the car, and he should have grabbed Massey's arms and put the handcuffs on. The cop has no idea how to even be a cop. He looked like a clown out there. Don't you think you should grab the guy and force him to comply and then if he doesn't, you can taze him? Instead, the officer gives him a few orders and then tazes him before using any other means to make Massey comply. It seems like the officer has really poor communication skills, but Massey needs to learn to comply to authority, whether he thinks he's right or wrong.

Francine | 1:37 p.m. Nov. 21, 2007

Jeez, don't you cop-lovers know that people are killed every year because of these tasers? Incidentally, if he was such a threat and a danger to the officer, then why have all but the speeding charges been dropped? Duh! Asking why you were pulled over and co plying with an officers demands is not suffecient reason to get electrically tortured. You idiot cop-lovers would line up in front of the ovens if the person screaming at you to do so wore a uniform. I've read reports of handicap people, elderly, children as young as 4 getting tasered for "non-compliance" and then read comments by idiots who feel it was justified, by cops or their buddies most likely.

And enough of this "cops put theirlives on the line every day" b.s.

They do not! Cops lives are in jeopardy very rarely. Cops spend their day harrassing you and me for kicks and generating money for the locals or the state, they even get disciplinary actions taken against them if they don't generate enough revenue through citations. In other words if they can't find law breaker, then they have to create law-breakers, it's their job. just like prison gaurds and mercs. pathetic.

Lame | 1:39 p.m. Nov. 21, 2007

Miss Forsythe: this video was taken by the cop's car! He taped it himself! It is supposed to HELP officers justify their actions. In this case, all it proves is that he's not a good cop. Videos like this have caught cop shooters and a miriade of other violations. In this case, it doesn't do this cop much good.

Stewart | 1:43 p.m. Nov. 21, 2007

Refusing to sign doesn't imply guilt, it is only a promise to appear in court or pay the fine. Since this lawyer wannabe decided to refuse to sign, the only alternative is arrest. Since Massey resisted arrest by refusing to be cuffed, do you anarchists out there expect the officer to physically take him down alone. The tazer seems to be the safest way for both. I do agree that the officer should have answered his question by telling him that he had, by refusing to be cuffed, resisted arrest. Massey should have agreed to take his argument to court, the trooper is right the highway is no place to contest his ticket. Did he just expect the trooper to let him go?? Note: I don't have any family or friends that work for law enforcement, but I respect them, even when I have received a ticket. I have even been to court and won!

Dan | 1:45 p.m. Nov. 21, 2007

Bad cop, no donut!

NYPD 12 Years | 1:46 p.m. Nov. 21, 2007

Come on Utah!!! Train your people. This guy Gardner wouldn't last 1 month in Brooklyn. As a law enforcement pro I would say this is one of the most damning videos I have seen concerning police brutality. It looks has if the trooper has a major ego problem which is a dangerous in the field. My advice...less tv cop dramas...more handbook studying!

Francine | 1:51 p.m. Nov. 21, 2007

Also, some people seem to think the man was tased for for refusing to sign the ticket or for resisting an officer or resisting arrest, not true. if you watch the entire footage, he was tasered for daring to ask Gardner questions about the ticket, refusing to sign the ticket before his questions were answered and then acting with incredulity when Gardner whipped out his Taser. Tased for asking a question.

Huh? | 1:52 p.m. Nov. 21, 2007

Robert Conlan, did you watch the video. The guy was not being rational. Rational people just sign the ticket and fight it in court.

The press makes such a big deal over taser use. It's not a big deal. I don't know if the officer was justified in this case, but it's better to be tasered than wrestled to the ground.

As for those of you who think the UHP is a revenue generating device, that's one of the stupidest things I've ever been presented with.

On the fence | 1:55 p.m. Nov. 21, 2007

I'm not trying to make excuses for the officer. I think his actions were rash and he seems as though he's taking his bad day out on Massey.

However, you can't place the blame solely on him. There were actions on Massey's part that I see as childish, immature, disrespectful and suspicious. He also showed no restraint. All he had to do was obey a few simple commands. He talks of rights, but this officer has rights to take action against percieved threats. If you want to get tazed, make a move for your pocket while your being difficult, which he did.

Cooler heads could have prevailed on both sides. I personally think Massey himself or his lawyer leaked this tape to the public to draw up this kind of negative publicity. I hope the investigation isn't slanted because the whole country watched the video on youtube and called in complaints to UHP and the governor's office.

Matt | 2:02 p.m. Nov. 21, 2007

Serve and protect?

Or serve and protect your own sick struggle for power?

A lot of cops are getting into the force to control and punish people, not to serve and protect.

He needs to be re-trained or possibly fired.

Beware! | 2:15 p.m. Nov. 21, 2007

There are police organizations all over Utah that are using the Patriot Act questionably by some of these same idiots who wear the badge! Good comments by the real police with experience as having knowledge always out does the use of force. Hope this never happens in front of my family nothing personal all professional!

Larissa | 2:19 p.m. Nov. 21, 2007

I don't understand some of these comments! How can some of you say, "he was going back to his car to drive away"? He was backing up because the police officer pulled a taser on him! Any normal person who has a taser being pointed at him, without warning and for a piss poor excuse, would back up.
If you watch the video on youtube, you will see that even the trooper knew he was in the wrong, because when he was asked by another officer, who arrived at the scene afterwards, what had happened, HE LIED! He totally changes the story!

Deseret Dawg | 2:27 p.m. Nov. 21, 2007

Sure is a lot of anti-cop bias on this thread. Yes, the UHP officer clearly used excessive force and acted like he learned police tactics from watching "Cops" on Fox. At the very least, the UHP officer should be suspended for one week without pay, assuming that his past record is otherwise clean.

However, the civilian is not without blame. When a cop tells you you're under arrest, you do NOT just casually walk away. You obey the cop's instructions. Period. Otherwise, the cop will assume the worst.

Californian | 2:47 p.m. Nov. 21, 2007

The thing I can't get over is how he treated the wife. He was absolutely rude to her. Honestly, he was all about putting fear into these people. Wasn't there a time (in the good old days) when the police tried to help people and make the world safer. I won't be driving in Utah any time soon--I am pregnant and afraid of the cops there.

Brandy/Texas | 2:50 p.m. Nov. 21, 2007

Trooper Gardner should not of recieved his 6 month diploma in law enforcement. He should be arrested. His hot temper and ego got the best of him, this time on video! He never explained anything to the wife or the husband, he kept talking over both of them, because "He's in charge"!Your guilty until proven innocent to UHP. Treat others like you would want to be treated John Gardner, you should be ashamed of yourself along with your department. He should not still be on the street's. I am sure glad your not in Texas.
WOW; is an understatement.

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