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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philly leo | 2:40 p.m. Nov. 23, 2007

There is no way that young officer should be wearing a badge. If he keeps his job after this I hope he is at least retrained and his supervisors keeps him on a very short leash. The PR bashing his dept is taking now must be incredible. What a detriment to his dept.

Stephanie | 3:36 p.m. Nov. 23, 2007

My dad is a cop. If a subject puts his hand in his pocket as Mr. Massey did, I would hope that my father would taze his butt before he shot my dad. Maybe Mr. Massey should learn to have some respect for law enforcement and we wouldnt have this problem.

Alan Jackson | 6:32 p.m. Nov. 23, 2007

That officer needs to be arrested and thrown in jail. If the authorities in Utah don't agree, then I will never go spend a dime there. There are plenty of other places to vacation with my family. It's obviously not a safe place for law-abiding citizens because they have out-of-control cops who think nothing of tasering people. That was assault, plain and simple, by a cop on a power trip.

Comments continue below

Bob | 7:05 p.m. Nov. 23, 2007

As a non-UT resident who enjoys visiting relatives in UT, this video was very informative. One, always sign the traffic ticket you've been issued. Two, comply with every instruction given to you by a UHP officer. I've realized that failing to do either of these will cause the UHP officer to become edgy, trigger-happy and loose with his version of the recent events that lead to being tased, hand-cuffed and dumped on my head on the side of a busy freeway. My wife can also expect to have our car searched for whatever the UHP officer may decide to look for, followed by taunting from the officer and his backup.
While Mr. Massey definitely behaved inappropriately, the officer's behavior was much worse. Massey's actions were immature; however, the officer responded in kind- he was immature, arrogant and obviously frightened to be in what a seasoned officer would label as a fairly manageable situation. Most veteran officers also know not to lie on camera. While he won't be fired, he needs much more training in how to behave appropriately and professionally around the people he's supposed to protect. Meanwhile, I'll make sure I sign any traffic ticket I'm given.

Someone | 7:05 p.m. Nov. 23, 2007

The officer should have said... "By signing this it is NOT an admission to guilt, just shows that I gave it to you and you can object in court."
I got a speeding ticket and they dismissed it because I pled not guilt and made them take it to trial and the officer didn't show up so I got off free and clear.

Concerned citizen | 12:06 a.m. Nov. 24, 2007

Each profession attracts certain personalities, and among the many who use their abilities to serve their professions honorably, you will always attract wayward practitioners who seek out these sheltered opportunities for their own advantage. Predatorial priests and teachers gravitate towards access to children. Lazy people rely on government to support them with welfare and repetitive unemployment compensation. And so too do law enforcement officers value the control and authority their profession provides them. Stereotypical, yes, but true more often than not.

Blaming and arguing doesn't fix the core of the issue. Like any employer, public service departments funded by tax dollars must recognize their own composition, train them accordingly, and fire liberally.

I believe most officers are guided by a strong sense of morality and justice. But that officer should be quickly fired, and charged for assault. Why assault? It's like a false rape claim - the accuser should ALWAYS go to jail. Employment selection must better weed out those hormonally driven, trigger happy control freaks hoping to reclaim the dominance of their high school years. And training should make them realize that if they do get hired, this type of behavior will not be tolerated.

My 2 cents.

lisa | 8:46 a.m. Nov. 24, 2007

i support the police officer, the driver was not following instructions from the moment he was pulled over.

Jack | 10:09 a.m. Nov. 24, 2007

Doesn't anyone find it deplorable that the UHP has only decided to "expedite" its investigation two months after the fact? You don't suppose the clip being posted has anthing to do with the sudden decision to "expedite," do you? If this is the normal procedure for UHP investigations into its officers' conduct, why be surprised if loose cannons continue to patrol Utah's highways?

twistnrev | 10:31 a.m. Nov. 24, 2007

It's easy to "Monday morning" this event.

1>The Officer was working alone.
2>A young and able male was stopped and ticketed.
3>The male was moving in on the Officer.
4>The male didn't follow directions.

The male left his vehicle to move toward the Officer. How many of you would do this? If you were the Officer, on a Utah hiway, how would this look to you?

The Officer gave a verbal command to back off. This entire event could have ended here if the male simply said, "OK, I'll go back to my truck". Instead he played the, "Are you crazy" card. Resulting in a response.

This event could have played out differently with the male coming up with a martial arts strike to the Officer's head. HThe male was in perfect position to deliver this. Close and moving forward. Would you then ask, "Why did that Cop just fall back and take the beating?". Or would you say, "Cops should take a beating sometime to show they sometimes use too little force".

I do not feel the Officer's wife and kids would agree with you.

Jay | 10:48 a.m. Nov. 24, 2007

From what I observed on the video clip, the trooper was justified. He told the driver why he had stopped him. It is not up to the officer to prove on the side of the road,the case against the driver. If he would had signed the citation, the incident would have been over. He told the trooper he wasn't going to sign the citation and after being told at least twice to turn around and put his hands behind his back he started to walk back to his vehicle. The trooper had no choice but to stop him from reaching his vehicle, he was clearly under arrest at this time. After the trooper searched the vehicle, only then did he know their was no weapons inside of the vehicle. I think the trooper was professional and handled himself well.

Michael | 11:39 a.m. Nov. 24, 2007

The most telling fact is that this man is still on our freeways pulling people over. This indicates that the condoning of incompetence and abusive behaviour has permeated the organization.

The fact that officers in the department laughed about it signifies that top to bottom, and all around, we have a problem here. There needs to be mass re-assignments, demotions, terminations and a fresh start to retifiy the situation. A mere slap on the wrist of one or two people will result no discernable change in beahvior. There doesn't even seem to be anyone admitting that there is a problem at any level. Have we as a free society completely lost our bearings?

Adam | 11:39 a.m. Nov. 24, 2007

I encourage everyone to write in to this police station and give them your thoughts.
This officer is part of the reason why police officers have less and less respect. Abuse of power should always be confronted, even on the side of the road. To many Police officers throw their weight around like they are the judge and jury. The entire system is designed against the citizen. If an officer says you are speeding, a court will take his word for it over yours--and that is rediculous. The burden of proof lies with the government; but now it comes down to what ever the cop says goes.
I am betting this officer gets off scott free and again another cop will be justified in his abuse of power.

Rob | 3:02 p.m. Nov. 24, 2007

As soon as Masssey ask the officer how fast he was going Officer HAPPYFINGER got a attitude and says DL and Ins LIKE NOW,Officers want respect but dont want to give it back.It has been my experience that as soon as you ask a question you are now confrontational,it was a simple question that he should of had the answer for before he got to the car since he said he was speeding,but as soon as you ask a question you are bucking there authority.

joe | 3:35 p.m. Nov. 24, 2007

The guy didn't listen, he deserves what he got.

Gregoy Richards | 7:42 p.m. Nov. 24, 2007

Wht would our founding fathers say?

By watching this video, we see that both the drriver and the officer were a fault. Cocky driver and a bad cop!

We fist see the 40mph (temp) speed limit sign at the beginning of the video which the patrol car is obstructing. Speed traps should be illigal as they abuse the intent for the authority we grant to police and amounts to legalized theft.

Was it absolutely necessary to shoot the speeder? No, and what if the driver (victim) had died? Would that not have been murder?
When is it ok for police to shoot citizens in-the-back? -Where is the honor in our police today?

We also clearly hear Officer Gardener lie to his fellow officer. Can we in good conscience countinue to allow an officer to testify in our courts, aftter we have a video of him lying to a fellow officer?

NHP | 11:32 p.m. Nov. 24, 2007

You Massey supporters have no idea what it is like to be a cop! You deal with risks every day, and what seems like no big deal to you regular folk, IS a VERY BIG DEAL to US as COPS!

You think it is no big deal to ask a simple question - but it IS a big deal, and this Massey creep wasn't just asking a question. He was being defiant and resistant and a jerk. When you deal with people like this, you never know when they are going to suddenly attack, grap at your weapon, or strike you.

I know. I have had 6 incidents in my 12 year career just like this one where the argumentative driver came after me!

At the stop is no place to be arguing the case. Tell it to the judge and let cops do their jobs in a safe way.

Steve | 11:54 p.m. Nov. 24, 2007

Joe, you would not listen either. Unless you were willing to sacrifice justice and freedom for protection? No one deserves what this man got. Its a clear example of the tyranny of the government and its agencies over the people to enforce a notion of supremacy and control. This was a criminal act and the police should be charges accordingly with assault.

What part of "Place your hands" | 3:38 a.m. Nov. 25, 2007

What part of "Place your hands behind your back" did Massey and many of the readers on here misunderstand? Did he think they were going to play a game of twister?

I'm not a cop or related to anyone in law enforcement. Thanks to those who are.

Oh, and Gregoy Richards, if you listen, the officer points out that the 40 MPH sign he was by was the SECOND one Massey had passed.

Obedience in kindergarten | 11:32 a.m. Nov. 25, 2007

Obviously it is controversial, and although I may be in the minority, I agree with the officer. Pretty sure most of us were taught obedience at a very young age and if we weren't then I guess we learn when we are 28.

glenn | 12:45 p.m. Nov. 25, 2007

obeying any rules,laws,codes,codes are the same for everyone even mere criminals hiding behind a badge.this officer(and i use this term loosely)has to follow them as he needs to read and follow the UHP policy on taser deployment.

Gregory W. Stevens, Esq. | 2:50 p.m. Nov. 25, 2007

The video speaks for itself. The UHP's explanation of when use of a Taser is proper, and the fact that the Trooper could have issued the ticket without Mr. Massey's signature, make absolutely clear that the force used here went beyond all bounds of proper. Force is unnecesary when, as here, there was obviously not even a hint of force by Mr. Massey and nothing that needed compliance to end the stop. And, my viewpoint is that I'm a lawyer who handles civil rights cases -- a fact, I'm sure, that will offend many posters here. One happy fact, for Mr. Massey, is that the video exists and was turned over to him.

Bob | 3:14 p.m. Nov. 25, 2007

On average, a law enforcement officer is killed in the line of duty every 57 hours in America.
Between 1976 and 1998, of the over 1,800 officers killed--
ï¿½16% were on disturbance calls
ï¿½14% were in robbery arrest situations
ï¿½14% were investigating suspicious persons/circumstances
ï¿½13% were making traffic pursuits/stops
ï¿½13% were attempting arrests for offenses other than robbery or burglary
ï¿½10% were in ambush situations
ï¿½7% were in an arrest situation involving drug-related matters
ï¿½5% were in a burglary arrest situation arrests
ï¿½6% were in other situations
Of the 901 assailants identified in the killing of law enforcement officers from 1989-98 --
ï¿½almost half had a prior conviction
ï¿½almost one-fifth were on probation or parole at the time
Most law enforcement officers are killed with firearms, particularly handguns.
SOURCE: U.S. Department of Justice Bureau of Justice Statistics

"It was legal"...UtahTourism? | 5:41 p.m. Nov. 25, 2007

"It was legal" is the first and weakest defense of that kind of INJUSTICE by a bored, callous, rogue trooper who needs a looong vacation (unpaid) and retraining if trainable. WHEN will it be safe to travel in Utah again? Call the governor and Utah Tourism and ask.

Anonymous | 6:35 p.m. Nov. 25, 2007

did he not expect something to happen? Refusing to sign the speeding ticket? Just because you thought you were still in the faster speed zone doesn't mean you get off of a speeding ticket. You're not innocent because you're ignorant. Second, When the officer tells you to stop and turn around, why keep walking back to your car. What do you expect an officer to do? We've all seen videos of cops being fired upon at a simple traffic stop. Do you expect him to let the guy walk away without knowing what he'll do? Cops fault = some, kids fault = alot.

Wondering??? | 8:16 p.m. Nov. 25, 2007

I am just wondering if the Deseret News plans on informing us what the UHP decision is about this officer? I heard that they should be finished sometime this week?
Please please due a follow up on this. I am so curiouse as to what will happen.
From the looks of things this is another voucher. 2/3's support the driver and 1/3 support the officer.

Komando | 3:14 a.m. Nov. 26, 2007

FACTS- It doesn't matter how many people support the driver and how many people support the cop. What matters is the law and the UHP policies. I didn't see anything that the cop did as being clearly illegal, but I saw Massey do at least 2 things that could be. According to the UHP, failure to produce a license upon LEO request while driving is illegal, refusal to sign the ticket is legal grounds for arrest, and resisting arrest while concealing hand(s) from a lone officer that's confronted with multiple occupants on the roadside more than meets the requirements in their statutes/policy for use of a tazer.

Kommando | 3:16 a.m. Nov. 26, 2007

More FACTS- The cop doesn't have to show you the sign. The cop doesn't have to debate with you. The cop doesn't have to de-escalate the situation. The cop doesn't have to say "You're under arrest" for you to be taken into custody. The cop doesn't have to Mirandize you until you're being questioned in custody. The cop doesn't have to be nice to you. The cop doesn't have to be nice to your pregnant wife. Pregnant people have tried to kill cops with no real warning. Calm traffic offenders have tried to kill cops with no real warning.

Anonymous | 9:16 a.m. Nov. 26, 2007

Abuse of power and the officer should be fined and fired.

For the person that said Utah Code 77-7-24 shows you have to sign, that is wrong. That code ONLY applies if a person is ALREADY being arrested for violations of Title 41, Chapter 6a, Traffic Code.

The arresting officer made an unlawful arrest and escalated a situation without the care of the general good.

He is a liar and a disgrace to those of us that actually try and do good in our communities.

Fined and Fired ASAP.

Outraged in Utah | 10:31 a.m. Nov. 26, 2007

According to the Utah Highway Patrol spokesman Sgt. Jeff Nigbur, it is NOT required to sign a citation/ticket. The officer can simply write "Refused to Sign" on the ticket.

markintosh | 6:04 p.m. Nov. 26, 2007

The reading of Miranda rights are for situations in which you will be questioned about the possible commission of a crime. It is clear that the officer's intent was not to question the suspect, but to place him under arrest for failure to comply with a judicial request, to sign the speeding ticket. The suspect should have taken his grievances to court, where they belong. Failure to sign the citation places you in an opportunity to be arrested, which if you resist arrest, you run the risk of being tasered and/or something worse. The officer could have used alternate means to achieve the objectives, but as far as I can judge, broke no laws in the arrest itself and the procedures leading to it.

Anonymous | 6:09 p.m. Nov. 26, 2007

What is happening to America?

Preston R....... | 6:19 p.m. Nov. 26, 2007

Wake up people--- the trooper told him to turn around - the guy didn't, but continued to walk away
with HIS HAND going into his pocket - hmmmmm, wonder, I DON'T KNOW but he could have had a small
hand gun, pulled it out and shot the trooper- at that MOMENT who could say he didn't....NOW-
1. HE failed to comply with the instruction of the
trooper to turn around BUT kept on walking.
2. as far as showing "THAT speed sign" as the guy
was 'bellyaching ' over. TAIN'T no way the officer
have to do that...
Really - just mark ticket"REFUSED TO SIGN"
however if he is upset/showing off for his wife or
what ever. HE WAS WRONG FOR NOT COMPLYING and
WALKING AWAY - PERIOD...
18 years of wearing a badge & etc - - - -
BE SAFE OUT THERE YOU LEO' s

Concerned | 7:21 p.m. Nov. 26, 2007

It has been a while since I went through the Academy, but I distinctly remember instruction that was blatantly ignored by Gardner.

1. The situation would never had escalated had Gardner shown the slightest bit of skill and approached politely, as a police officer should.

2. In the Academy they instruct recruits to approach the vehicle by stating something to the effect of, "I pulled you over today because you were speeding." Then ask for the license and registration.

3. By being elusive, Gardner presented a domineering front that was completely unnecessary and indicative of a bad cop.

4. Upon delivering the citation the officer is supposed to recite the information on the citation making sure that there are no questions before asking for the signature.

5. I've reviewed my Utah Code book and no where in it can I see anything that states a person is required to sign a citation. I distinctly remember being instructed in the Academy that if a person does not wish to sign, you still offer them their copy and inform them that they will be contacted by the court.

Continued...

D | 8:42 p.m. Nov. 26, 2007

It is not against the law to not sign a speeding ticket. An officer can let someone go for not signing, however, it is also legal for an officer to place someone in custody for not signing. It is the officer's decision.

This officer made that decision and placed him under arrest, legally. He did not taser him for not signing. He tasered Massey for resisting arrest. When Massey resisted arrest, what choice did the officer have? he could use his taser or his gun. I think he should be grateful it was the taser. and he is just fine. I think the gun would have hurt him worse.

The issue is resisting arrest, not the ticket. I could not see any law that the officer broke, but I did see the driver brake the law at least twice. The driver broke the law by speeding, and resisting arrest, and the officer was trying to enforce the law (maybe a little more forcefully than needed), but the public blames the officer. I don't understand why the public takes the side of the criminal.

jkeller | 8:50 p.m. Nov. 26, 2007

Gardner should be riding a desk. No people skills. We'll all be safer in Utah then.

BRAD | 2:00 p.m. Nov. 27, 2007

It's a debate over whose actions were threatining, or not. Words left out. The video clearly shows the actions of the public safety deffender were the threat in the situation. The fact that the officer left the man laying in the road, in danger of being hit by traffic only leaves the thought in my mind that the officer was in disregard of the victims safety from the get-go.

Rob | 2:44 p.m. Nov. 27, 2007

The fact is this:

Massey was wrong, and Gardener was wrong. This was an unfortunate situation. Could the use of the taser been avoided? Probably. Should Massey have just obeyed? Yes.

Buck | 5:07 p.m. Nov. 27, 2007

If this officer remains on the job, I will never enter Utah. Not only disregarding the safety of Massey and his pregnate wife, he began his coverup telling the second officer he told him he would be tasered. He said no such thing. In my mind, this officer was out of his mind, and I would have not only walked away, but run. Good thing he had a taser, otherwise, Massey would be dead.

Sorry, Kommando, you're wrong | 9:31 a.m. Nov. 28, 2007

According to the United States Supreme Court, the cop DOES have to say "You are under arrest" or statement clearly making this clear, when taking someone into custody. Until this "operative statement" is made, the crime of resisting arrest can't be "completed."

In other words, you can't shoot someone and then shout "Halt, or I'll shoot!" and claim that they got proper warning.

Dawn | 2:59 p.m. Nov. 28, 2007

To those out there, signing a summons has nothing to do with guilt or innocence. It is stating that you will either pay the fine if that is an option or you will appear in court. It is true that Massey should have signed the summons and fought his case in court with an attorney.

Jackie | 6:11 p.m. Nov. 28, 2007

As someone who drives this particular road often, I can say almost without a doubt that Massey was probably NOT obeying the speed limit. This particular stretch of road invites speeding - with a common speed of 85 or more. The road is also visibly under construction, with signs and workers evident. Construction zone speed limits, even without a sign, are common knowledge, and yet often ignored.

I do not believe that the police officer made the best choices, and he was too quick to turn to the taser, but I do believe he was right in doing what he did. The officer has years of experience, (too many to have "small man syndrome"), and Massey did not show him the respect an enforcer of the law deserves and requires. Massey didn't handle the situation any better than the officer, and his actions had consequences.

Also, this raises an interesting question of precedence. If Massey was in the right by resisting the officer, and gets out of his ticket and the officer is punished, what kind of a precedence does that set for future cases like this one?

Patti | 8:49 p.m. Nov. 28, 2007

Massey was argumentative and hostile with the officer. Had he supplied the information requested more than likely he would've received a warning. He chose to act like a stupid spoiled brat when caught breaking the law. His lack of respect for the safety of his pregnant wife, himself, and others using the highway tells us exactly the type of individual he is. His behavior towards the officer is totally unacceptable. I support the officer 100% and hope Massey gets more than a speeding ticket.

elb | 6:43 a.m. Nov. 29, 2007

I respect law enforcement and the important role they play in society. However, "their lives are on the line" is becoming an overplayed excuse for abuse of the power that is entrusted (not granted) to them. Convenience store clerks put their lives on the line too.

FRANK | 10:00 a.m. Nov. 29, 2007

ALL THE DEFENDANT HAD TO DO WAS SIGN THE TICKET AND HE WOULD BE ON HIS WAY TO FIGHT IT IN COURT.ALL THE TROPPER HAD TO TELL THE GUY IS WHAT HE WAS CHARGED WITH AND SIGNING THE TICKET IS NOT ADMISSION OF GUILT IT IS HIS PROMISE TO APPEAR IN COURT. BUT THE GUY WANTED TO HAVE A STANDOFF WITH THE TROOPER AND HE GOT WHAT HE ASKED FOR.

AbuBakerSmith | 3:49 p.m. Nov. 29, 2007

It's clear in the start of the entire video that the Police Officer stopped in front of the temporary speed limit sign obscuring it from the drivers view. The only other sign was again a teemporary road work sign. Masses would NOT have even seen the 40mph speedlimit sign. This Officer created the entire situation and escalated it by being a jerk. Even though Massey was in effect entrapped by the officer, the cop could have just been courteous and Massey would have signed the ticket. It appears to me from the complete unedited video that this Officer needs to be charged with several crimes and hopefully do Jail Time.

Utah tourist NOT | 5:27 p.m. Nov. 29, 2007

The officer clearly blocked the temporary speed limit sign with his patrol car as he pulled to the shoulder to allow the couple to pass. I was planning a road trip through Utah next year with our family. Think we will skip Utah until the UHP learns people skills. Respect goes both ways. The couple just wanted to know how fast they were going, geez! P.S. to UHP, the officer could have written "refused to sign" on the ticket and handed it to the wife. Maybe next time, but it seems he likes to use the taser, rather than a pen as his weapon of choice.

KJ | 5:39 p.m. Nov. 29, 2007

The worst part of this situation is that at the moment of truth when the taser was deployed it was an offensive action. There is no way that this level of force was used in defense. The officer may need an evaluation to determine if his psychological profile is compatible to the stresses that this profession encounters.

Tom | 7:06 p.m. Nov. 29, 2007

Officer Gardner should have told Massey what speed he was going. You don't present a speeding citation to a driver with nothing posted in the block about what speed he was doing. Massey has a right to know that information. Otherwise Gardner could wite in any speed he wanted to. This is also why Massey has a right to see the radar reading of his aledged speed. It also makes you wonder why, after Massey asks about his speed the very first time, that Gardner responds with a question, "How fast do you think you were going"?

Based on the officer's actions, this is the most poorly handled traffic stop for speeding I've ever seen. He most certainly will be sued in civil court, and I think it's going to be costly. Gardner's actions at the time he starts shouting "turn around", and aiming the Taser was just so bizarre, that I got the impression Massey might have been questioning if he was dealing with an actual Police Officer. Massey's reaction seems correct if he believed it was a gun being aimed at him instead of a taser, this would explain why he began backing up, and turning around.

Mel | 11:20 a.m. Nov. 30, 2007

I believe Officer Gardner treated Mr. Massey with appropriate courtesy when he pulled him over for speeding. It sounded like Massey didn't want to cooperate from the beginning. If he wished to dispute the alleged traffic violation, he could have done so in court (people do so successfully all the time, including me!). Signing a speeding ticket is not an admission of guilt. Instead, Massey believed he could simply walk away from an officer of the law when instructed to stop. In addition to being disrespectful to authority, that's just not a very bright response, and it could have ended much more tragically than it did. Had the officer attempted to approach Massey from behind and subdue him by hand, a physical altercation may have ensued, with one or both individuals possibly being seriously injured. Massey set a very poor example for his son in the vehicle by attempting to talk his way out of a ticket and resisting arrest. I can't imagine what it must be like for troopers, risking their lives on a daily basis, and having to deal with uncooperative people like Massey who can't stand it when someone refuses to let them control a situation.

shame on Gardner | 8:26 p.m. Nov. 30, 2007

Officer Gardner needs to be fired today. That is so disgusting. The two offciers talking together make me throw up.

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