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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Peter | 8:57 p.m. Nov. 30, 2007

After seeing this video it is hard to escape the conclusion that SOME cops are just bullies who found that they could push people around and not only get paid for it, but feel self-righteous about it. I hope Mr. Massey sues the state and gets a million dollars.

Paul | 9:27 a.m. Dec. 1, 2007

Over 200 have died from tasers they are not non-lethal weapons. The trooper is lucky the guys wife did not have a gun in the SUV to protect her and her husband from the clearly out of control trooper.

Bill | 11:48 a.m. Dec. 2, 2007

I was a Utah PEACE Officer for a better part of my life. When someone refused to sign a ticket, I just told them that signing a ticket was not an admittance of guilt but just a promise to appear by mail or court. This usually solved the problem. If not, I would hand them the ticket and tell them that they had just been served by a summons to appear in court. PEACE Officers diffuse and donï¿½t escalate situations. It is my strong opinion that every person being certified to carry and use a Taser be hit with that Taser as part of the process. I guarantee once they feel what a Taser produces, they wonï¿½t be so fast to use them prematurely. If you are afraid this non lethal weapon might kill you during certification, then I guess you don't get to carry one. Oh, by the way, this trooper was very wrong and this is not coming from a couch cop.

Comments continue below

John | 12:42 p.m. Dec. 2, 2007

Just because you wear a badge does not always make you right. You supportive cops out there would not be so quick to defend that trooper if he had done that to someone you love.

James | 1:54 a.m. Dec. 3, 2007

I like the fact that Massey thought it was a gun. Who walks away from a guy pointing a guy at your head? He's either got a ton of guts or ignorant. If I thought someone was point a gun at me I would have my hands up and kissed the cement. The situation wasn't handled well by the cop but once you put your back to someone holding a gun expect the person with the gun to react. I also like how people talk about how some kind of harm should be done to the cop. Wow, you guys are nuts. The key problem with this situation is that force was used too early. Yet you're preaching that force should have and rightfully been used on the cop by the wife? Another side note, why does anyone deserve a million dollars? Why not 1,400 dollars or a gift card to McDonalds? You just got tased here's a free happy meal. Why is the focus on getting money for damages instead of change laws or improvement of tranning? In the end Massey case will be about trying to win the lotto, not improving society.

UHP Do The Right Thing | 9:48 p.m. Dec. 3, 2007

If I were a UHP officer reading the overwhelming condemnation of Gardner's actions, I would be concerned that the majority of citizens of this state have lost trust and respect for Utah traffic cops. We as citizens can make these judgements about the people that work for us. The fact is that many of us in this state are now disillusioned with a system that allows what was captured on camera to be judged by a biased panel and detemined--"actions justified". What the UHP is conveying by putting this egomanic back on the road is, "We realize Gardner lacks some vital training and fundamental social/judgment skills but, no way will we let that spoiled brat Massey win this one." Utah UHP --DO THE RIGHT THING!

CaliforniaCop | 1:29 a.m. Dec. 5, 2007

I agree that the trooper could have communicated better with Massey, but ultimately the trooper needs to maintain control of the situation. I've read several comments that contain erroneous information. First, signing the citation is NOT an admission of guilt, only a promise to appear in court. Second, the officer doesn't have to prove anything or show the citizen the speed limit sign. That is what the court hearing is for. Third, the officer need not face a lethal threat or great bodily injury to deploy the Taser. The Taser may be deployed in order to overcome resistance in the performance of the officer's duties. I'm not necessarily defending the trooper's actions, but I'm tired of reading comments from self appointed law and police policy experts.

Fed Watcher | 11:53 a.m. Dec. 6, 2007

Gardner assaulted Massey in the video. Just because he's a cop doesn't allow him to be above the law. Why hasn't Gardner been arrested for assault? Why hasn't he been arrested for neglect after leaving a citizen alone on the highway? Why haven't Gardner's superiors been suspended for their complete lack of leadership?

Regarding Massey, it might not be the smartest thing to put one's hands in one's pockets in front of an out-of-control cop, but the cop was being aggressive and irrational, creating stress and conflict with a citizen doing everything to be reasonable. Therefore it is not Massey's fault that the hand-in-pocket issue came about: Gardner's actions created a stressful situation where Massey cannot be expected to act perfectly as the cop would wish. In addition, all of this happened after Gardner violated procedure by attempting to arrest Massey for not signing a ticket.

Had Officer Gardner acted rationally in this situation none of this would have happened. He should have provided a speed above the limit to Massey. He should have pointed to the sign. Had he done these simple and rational things, the UHP wouldn't be liable for his loose cannon actions.

Elle | 6:24 a.m. Dec. 7, 2007

This video is horrible. The officer should be arrested. The driver was just inquiring about the reason for his ticket, as he has the right to do so. All the officer had to do was point to the sign as the driver was doing in the video. Tasing him was completely uncalled for. Also, the officer had no reason to pull out and point his gun at the driver, as far as I could see there was no threat. The driver was in control and acting completely rational. Perhaps the officer should be seeking some professional anger management help. The officer was completely irrational and out of control. An officer that practices brutality should no longer be allowed to practice law. I would have been absolutely terrified if I had witnessed this incident like his wife did. I hope all the stress does not disrupt her pregnancy.

RE: Officer how fast was going? | 6:31 a.m. Dec. 7, 2007

Excellent comment!!

Lawrence | 10:41 a.m. Dec. 7, 2007

I have been pulled over three times for speeding and each time the officer approached the car and immediately informed me how fast I was going and what the speed limit was. I found Massey to be whiney, annoying and uncooperative, but the trooper had options to keep the situation from escalating.

William | 2:24 p.m. Dec. 8, 2007

Every person that has this happen to them needs to do a FREEDOM OF INFORMATION ACT request for the video from the patrolmans vehicle and post it on the internet. If they are to truly enforce the law, then they need to protect our constitution. Everyone knows it is a violation of the 4th 5th and 8th ammendments to be given a speeding ticket. Tickets are illegal revenue generators, thats it. We the people need to fight together or we will continue to be runover by trigger happy police officers. Please remember to stay calm and DO NOT provoke altercations with police. You have not stood up to your court system enough to win against them. It appears that you can only win in civil cases against them. The traffic court Judge may be nothing more than a magistrate judge with no authority either. w/o prejudice UCC 1-308

Elaine | 10:15 a.m. Dec. 13, 2007

The trooper in this video has shamed his profession, his coworkers, and the UHP. He should be fired immediately. By his actions he has put a stain on the UHP that will take years to overcome. He truly does not belong in uniform or any type of authority position. I don't see how he could ever testify in a traffic court case again. He lost his credibility when he lied to the other cop on tape.

brmerrick | 7:46 a.m. Jan. 9, 2008

Knowing a great many cops personally who spend their time handing out candy to children, rescuing old ladies' kittens from trees, helping to build shelter from the homeless, saving us all from Islamofascists on a daily basis in highly dramatic fashion, and singing patriotic songs in church choirs every week, I can honestly say that this officer shouldn't have skipped that one week of choir practice. The end result is that he temporarily lost his head in a tense and thoroughly frightening moment when an obviously dangerous individual with an equally menacing pregnant wife and kid (in a minivan probably loaded with explosives and illegal drugs) escalated the situation by violently walking away. I hope in the future that more police officers will take seriously their sensitivity training, and remember the words of the world's greatest police officer and a truly Great American: "Do unto others as you would have them do unto you."

Troy | 11:40 a.m. Jan. 11, 2008

I can't believe he's back at work. Seems to me like officer Gardner needs to retire!

Anonymous | 7:57 p.m. Jan. 13, 2008

I can't believe this cop was exonerated of wrong doing. I understand the cop was simply doing his job, but you think he might have some training in defusing a situation instead of making things worse. They are trained professionals I thought? Well the biggest issue I had with the video was the fact the victim (Yeah Thatï¿½s Right He is A Victim in my Book) walked out of his car and the first thing the cop does is states for him to put his

Hiram | 6:05 p.m. Jan. 31, 2008

The police force of Utah has become far too brutal. While I feel most troopers are not corrupt in any way that they are drug trafficing but from the complaints that have risen and this the police in Utah are becoming rude and even in this case and most likely others incidents as well, abusive.

Jig | 11:38 p.m. Feb. 4, 2008

Well, I guess those people who claim the tazering was justified will have to learn the hard way when they are tazered and don't fully understand why.

That fact anyone here is saying the man deserved what he got, should be ashamed.

The man was asked to step out of the car, and the officer put himself in danger by turning his back.

It is because of incidents like this, that I refer to the greatness of america in the past tense.

The problem is not just cops like this, they are the tip of the ice burg. The real problem is that so many americans support such abuses of power, even in the courts. So many americans these days fell excessive force should be the defacto standard.

We are no better than Europe. We are no better then other countries, when we now have to fear being tazered, and then having the video edited to hide the truth of what happened, just over refusing to sign a ticket.

rnemtc | 1:58 p.m. March 25, 2008

Both people were at fault. The officer for being a total jerk and the "victim" for not listening to the officer and following orders.

Oscar Garcia III, Union Rep | 10:34 p.m. May 19, 2008

As a Union representative, I have assisted officers in my agency many times who are being scrutinized and arm chair quarter-backed. In this particular case, I would have a problem representing this officer who thinks that he has the right to taze someone simply because he has a badge and a gun and is the supreme authority. Officers are taught to de-escalate a confrontation, not to incite or provoke or place themselves in a situation where force may be required.

This is still The United States of America, the land of the free. We do not live in a police state. If an officer uses intermediate force, he must do so by articulating that the subject was actively resisting. In this case the video shows Mr. Massey passively resisting if that, since the officer's instructions weren't clear. The officer states turn around without ever saying "you are under arrest". He never tells Mr. Massey that if he fails to comply he will use the tazer. We must always remember that this country was founded on the priciples that the citizens oversee the Police and the Military, not the other way around.

"An injustice anywhere is a threat to justice everywhere".

Clarence Pierce | 6:58 p.m. Feb. 3, 2009

I am 52 Years old and have tremendous respect for the law and the people who protect us. However, this officer did not use any tact at all. He was on a power trip from the start of the stop. Although you never know if this family of three with one on the way is a threat it seems obvious to me they were not a threat. The officer escalated the situation from it's conception. Conversley when a police officer tells you to stop, STOP. I have been pulled over for speeding a few times and never was treated disrespectfully. The officer was wrong! He never told him he was under arrest or was being cuffed for the officers safety. He did not read hom his rights or warn him he would tase him, if he has to I don't know. The Officer was wrong!!!! It was scary to watch a young family go through that. I love the police and totally respect 99% of them... Not this "COP"

UnderDog | 11:39 a.m. May 12, 2009

This is what happens when morons collide. This control freak cop could have avoided this entire situation. All he had to do was tell the guy that signing is not an admission of guilt, and tell him if he disagreed with the ticket the place to argue it is in court, since that's the purpose of courts. Sadly, the cop chose to abuse his power, rather than use tact and communication skills. He should lose his job, or be put on permanent desk duty.

As far as the fool driving the car, it's clear he has an IQ of about 4. You don't argue with cops over a ticket, nor do you ignore them when they tell you to do something. The guy thought he was gonna be tough and in control in front of his wife. Instead, he made himself look like a wimp crying and screaming like a sissy.

This is a situation where both idiots were wrong. I feel the driver got what he deserved, but that doesn't make it right. The cop had the responsibility to be the mature and professional person, but he failed. Excessive force, without a doubt.

Fred, England | 1:45 p.m. Nov. 18, 2009

If that isn't assault with a weapon, what actually is?

Is it any wonder fewer people have respect for the law than ever before?

You can guarantee that if similar happened over here, the cop in question would be suspended immediately pending investigation, which would result in retraining at the very least, possibly dismissal and a payout for the victim of this wanton violence.

Duuuuuude | 4:40 p.m. Nov. 27, 2009

Ya know, life is pretty simple. When pulled over, comply with the officers instructions. Disagree? Fine...thats what traffic court is for. Refuse to follow instructions...bad stuff happens. Shocking!

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