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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Fire Him | 2:56 p.m. Nov. 21, 2007

Immediately. This guy obviously does not know how to perform his job. One can only imagine all the other people who have been disserviced and brutalized by this officer before this video turned up.

Erik | 3:01 p.m. Nov. 21, 2007

To those of you who disagreed with me so forcefully: I actually am a decision maker. I work as a special prosecutor for Ada County, Idaho. I see kids like this every single day and perhaps you could argue that I'm jaded but be reminded of the simple facts. When you are an officer in a remote location with backup several minutes away, your decision making is affected. Stop being ignorant. If you read newspapers or watch news reports from around the country, the incidence of officer shootings and assaults has skyrocketed recently. I'm sure the UHP, like any other effective agency has briefed their officers of these facts and the need for heightened caution. In several of these incidents, the perpetrator has been in the presence of wife and/or children. Having a family does not immediately absolve or preclude someone from committing crime, as is seen here. (He was speeding in a construction zone.) Those speed limits are not posted for revenue, as one ignorant reader posted. They are there to protect the construction workers, who are working in an area where higher speeds cause them to be in more danger. Stop being so ignorant. BYU class '03.

Anonymous | 3:02 p.m. Nov. 21, 2007

Horrible abusive officer! He needs to be stripped of his badge because he is abusing his authority and obviously can't handle it!! The people have spoken and the public sentiment is overwhelmingly in favor of the taser victim.

Comments continue below

IBM | 3:13 p.m. Nov. 21, 2007

Is this what America has become?? Little wonder the world looks upon this once great nation with such derision. Fortunately, this flagrant abuse of power has been captured on Video. Sadly, it is now in the media all over the world.

Ken | 3:15 p.m. Nov. 21, 2007

Can anyone tell me what the Utah law says about signing speeding tickets? I'm sure that the average motorist doesn't know whether or not it's against the law to refuse signature on a speeding ticket.

Personally, I think that there are a lot of motorists that need speeding tickets (and more). And I also believe that law enforcement should be respected. But if one legitimately feels unduly cited, one might not feel inclined to legitimize the speeding ticket at that moment with a signature.

So what's the law say? Was this guy in the right for refusing to sign it? Even if he wasn't, I highly doubt he should have been arrested, let alone Tasered. Let him walk away and send him the ticket, for Pete's sake.

Good Cop, Bad Cop | 3:20 p.m. Nov. 21, 2007

I have respect for the law, but fools thike this guy are what get good cops in trouble.

If this guy doesn't get fired, we've got a major problem on our hands.

100% Uncalled For.

steve | 3:28 p.m. Nov. 21, 2007

And this guy is still working his shift? What kind of police department do you run in Utah? I hope this young family sues their pants off for allowing this Barney Fife to have a badge.

Gary | 3:30 p.m. Nov. 21, 2007

There is another very good article in this same paper dealing with the removal of crosses of DEAD former troopers that were killed in the line of duty. Doing the same thing here.... those who have never been in Law Enforcement/Military and face the chance of never seeing your loved one again because this idiot wouldn't follow directions. If all you Lawyers out there that think you know the Law. Leave the comfort of your small world and join the UHP (Underpaid, Overworked, OutGunned, No Community Support) and they put their lives on the line for each one of us each and every day and are damned if they do and damned if they don't. I would rather you just say thank you and go on your marry way. If not Shut the hell up, put on the uniform and let you and your family wonder daily if you will be home tonight. Thank you UHP, Local, State, Federal, Military for letting me have the freedoms I enjoy

Pretender | 3:34 p.m. Nov. 21, 2007

42 USC 1983. Congratualations, you've just won the opportunity to pursue a nice taxpayer funded settlement thanks to your local unfriendly UHP trooper! Hopefully a nice settlement will cure the rampantly spreading small man's disease that is quickly staining the honor of many brave men.

Don't taze me bro! | 3:38 p.m. Nov. 21, 2007

Where did this guy train, Guantanamo Police Academy? You can talk all you want about how Massey was not listening to the officer, but is pumping 50,000 volts into someone's back really the only way to diffuse a situation? Is there really no other way to handle someone who questions why they were pulled over? I watched that video over and over trying to find something that would have indicated Massey was a threat to the officer and can't find a thing. And the way he treated the wife and lied to her and other officer is just sick. Get that guy off the patrol immediately.

Anonymous | 3:38 p.m. Nov. 21, 2007

Unbelievable. No rights read, no explanation given--the officer stepped out of line. Tasering and arresting the man, and then threatening to arrest a woman who is seven months pregnant!! All for not signing a ticket? You gotta be kidding me.

This officer needs to be let go.

Anonymous | 3:48 p.m. Nov. 21, 2007

Speeding in a construction zone? That video was 10 minutes long and I never saw one construction worker, not one construction truck, not even a lone orange barrel blowing like a tumbleweed across the highway.

Perhaps settlements like this guy is about to win from the UHP have forced the state to cut UDOT's workforce!

NY Cop | 3:51 p.m. Nov. 21, 2007

Quick question for all you "experts" out there: Just what should the officer have done when the motorist chose to just walk away? Tackle him and hit him with a baton? That's what we used to do, and everyone called it brutal. Now we have a taser, no permanent damage and less danger to both the Officer and the perp. Hey this guy was talking 2 minutes after being tased. So what is the reaction? Do something else! The only problem is nobody can say just what that something else is. If you don't comply with the police bad things happen.

A few factual points:
Signing the summons is NOT an admission of guilt, it's a pledge to appear in court. We don't do it here in NY but lots of places do. Under Utah law, if you refuse to sign you can be arrested, which is just what happened.

You only need to be given Miranda rights PRIOR TO QUESTIONING! Real police work is not like TV, he did not have to be mirandized at that point.

The place an officer has to prove anything is in COURT, he has no right "see the sign" until in a COURTROOM!

RE: Erik | 3:56 p.m. Nov. 21, 2007

The nauseating condescension in your posts shows why our "public servants" are of such poor quality. In theory, speed limits and other motor laws may be intended to ensure "safety", but in practice, they generate tons of revenue for local governments. You're either in blatant denial or simply out of your mind. This is precisely why the officer was so vague about the reason for the citation in the first place. Drivers rarely, if ever, win in court and going to court to contest a citation necessitates court fees on top of the fine. This is why most drivers simply opt to pay their way out. You and your ilk think you can bully the citizens who pay your salaries into blindly accepting your word as "law," but that's not how it works. Sorry.

Deseret Morning News | 3:57 p.m. Nov. 21, 2007

Name calling is not permitted in Deseret Morning News comments. Posters are urged to make their posts in a civil tone rather than call somebody a derogatory name.

Clark Hodges | 4:00 p.m. Nov. 21, 2007

As a 35 year career law enforcement officer, I can see many discrepancies in the public's perception of their "rights" and the officers lack of explanation. Speeding is not a crime but not signing the ticket is. The citation should have said what the alleged violating speed was, if Massey had read it, but the officer failed to explain that he could contest the charge in court and that refusing to sign would result in his arrest. The officer failed to tell him he was being placed under arrest, making the use of force very questionable. Then he left him lying in the roadway while he talked with the female passenger, leaving the driver to wander up behind the officer.
P.S. You don't have to be read your rights if you are not being questioned.
Bottom line-sign the ticket and go to court with your explanation, photos, diagrams, etc.
Don't condemn the agency for one person's mistakes. I'm sure that his actions are not in accordance with their standard policies. They shuould use this tape as a training tool for other officers so that they don't make the same mistakes.

UHP Officer | 4:11 p.m. Nov. 21, 2007

That gentleman is lucky that I didn'tpull him over. Out in the middle of nowhere like that I would have turned off the camera and done a number on his face with my flashlight. Then I would have tazed that stupid bitch wife of his for being dumb enough to breed with that waste of life. Then I would go home to my six wives and 32 kids and enjoy a nice meal followed by crazy orgy with all of em.

Joe | 4:12 p.m. Nov. 21, 2007

From the beginning, it's obvious that the trooper parked his car in front of the speed limit sign, which distracts drivers from observing the sign. Second, the dumb trooper races to pull over a driver for speeding at the point of the sign. Give him a few seconds to slow down! Third, because the trooper apparently has no detector to tell him how fast the guy was speeding, the trooper won't even tell the guy how fast his speed was. How the heck can the guy get a fair shake in court for a "speeding ticket" if the trooper won't even tell him how fast he was going????

The illegal search for narcotics, coming up with a cantaloupe, was a nice touch. So was the terrorizing of the pregnant woman.

Imagine if this were 30 years ago, before dashboard videos, when cops used real guns.

jim h | 4:12 p.m. Nov. 21, 2007

Would someone from Utah that knows the law tell us if you ae required to sign a ticket.

Buddha For brains | 4:11 p.m. Nov. 21, 2007

Was there a reason for the cop to not say how fast the guy was speeding? Well, if the cop did not know, then that would explain his silence.

It's not that difficult to say from the outset, "Sir you were traveling 10 mph over the speed limit." Of course if the cop was fishing for fines, then he placed two citizens at risk - Massey and his pregnant wife.

Massey did not help himself by walking away, but the cop should have stated the specifics from the outset.

Fellow Morman | 4:15 p.m. Nov. 21, 2007

He probably just had a rough morning with his14 wives and 77 children. Give him a break.

Be quiet and no one gets hurt | 4:17 p.m. Nov. 21, 2007

Pulling over an unknown individual does put an officer"s life at stake. Although I feel that the officer could have given a few more chances before the tazing, Massey clearly thought that he did not have to obey the officer. Take the ticket to court if you have a problem but don't put the officer or yourself in danger.

To NY Cop from SL Cop | 4:19 p.m. Nov. 21, 2007

I think a little courtesy and an explanation from the trooper might have solved the problem. In most cases, mouth first, force second. That's how I was trained and I know that's how you were trained. Another thing that is not even arguable is that the trooper left the man face down unattended in front of his patrol car while he went to talk to the man's wife. How many times do you know of a police car that was hit from behind while on a traffic stop? The correct answer is plenty of times. To leave a defenseless, handcuffed person in such a dangerous position is inexcusable. I agree cops have a tough road, but this was too much too fast and too out of line to be overlooked.

US Citizen | 4:20 p.m. Nov. 21, 2007

The cop was out of line. Massey should be allowed to pull Gardner over with his family in the car at some random time and taser him a few times for fun.
Plus he should lawyer up and collect a few hundred million from the citizens of Utah for allowing fascist totalitarian type cops represent them.

DCnTN | 4:19 p.m. Nov. 21, 2007

Neither person conducted themselves the way that they should have, however the officer acting in and official capacity has a much greater responsibility in the matter. Police officers should be professional enough to put duty over pride and conduct themselves professionally no matter how badly the public treats them.

The public should be respectful of law enforcement as a matter of principle. However, this is in large part because law enforcement has earned that respect by their past behavour. If police officers expect continuing respect from the public they must continue that tradition of behaving professionally.

Signing a ticket is not an admission of guilt, but refusing to sign one means that you can be arrested instead of just being cited for the offense.

The cop needs to be officially sanctioned in some way, and fired if he can't prove he can handle the power that comes with the badge. Letting him off sends the wrong message to other officers.

Unfortunately law enforcement has to be careful who they hire, because bullies seek power. However, my experience is that the vast majority of police officers are terrific people who do a great job.

anony | 4:24 p.m. Nov. 21, 2007

Any cop that pulls a weapon of any sort in a non-threatening confrontation has just forfeited his life and right to any sort of authority or protection by the law.

In other words, the cop could have and possibly should have been shot on sight for escalating this speeding ticket into a dangerous encounter.

I carry a gun at all times, and am prepared to kill any cop that oversteps his authority such as this. Let this be a warning to all of you.

Ken | 4:25 p.m. Nov. 21, 2007

I appreciate those who are out there protecting us from the REAL bad guys. What this UHP trooper did was reprehensible and he needs to be disciplined. He also needs to be put on administrative leave without pay until this whole investigation is completed. I've seen enough situations where highway patrol troopers, sheriffs, and local police have violated speeding laws with impunity (and they get away with it)!!

On one occassion I had a blow-out on I-215 going to work and was cited for speeding. Come to find out I had a hole the size of a balloon in my left rear tire. The trooper that investigated my accident didn't even bother to get out of his patrol car to investigate the accident (the left rear of my car was totalled).

Taking the matter to court was a big joke. I even took a letter from a witness who stopped to assist me even before HP arrived, written on his own letterhead no less, that wasn't accepted by the pin-headed judge. My big mistake was not taking a picture of the accident.

HP apparently has legislative powers and automatically issues tickets at accidents regardless of fault. Paying attention, DOPS?

Harry Fenton | 4:28 p.m. Nov. 21, 2007

This is a disgrace to Utah and to the badge. This officer should be prosecuted for assault and serve time. The notion that someone can be brutalized and arrested outside of Putin's Russia for failure to countersign a citation is ludicrous. The average person would think they were signing an acknowledgement of guilt. And if they failed to sign, so what? An arrestable offense??? They have a video of the alleged speeding (not that it seemed he was going too fast) and his license plate; the countersignature is overkill and the quick pull on the taser would have been negligent homicide if Massey had a weak heart. Who can trust cops after this - nothing in this officer's demeanor or actions distinguished him from a base criminal. Then the cop lies and says that Massey was "in charge", etc. This officer is the same type of guy that commits atrocities at Abu Graib; we don't need him in our country or "serving" the people. Shame on him and shame on Utah for employing him.

Kevin | 4:29 p.m. Nov. 21, 2007

I support the police officer here. The driver wasn't listening and was not accepting the ticket. The officer could have placed him under arrest after a dangerous take down on a busy highway or tazer him which was much safer for everyone. The driver was returning to his vehicle and had no intention of complying with the officer's demands. I don't know why everyone would believe the policeman would no authority to do what he was doing. It's simple, if you disagree with a ticket, go to court.

DCnTN | 4:37 p.m. Nov. 21, 2007

After watching it a second time I heard the key sentence that goes to the crux of the matter. The cop told his buddy "he was acting like he was in charge."

Well I guess you showed him who was really in charge. It was all about power.

Get me outta here | 4:44 p.m. Nov. 21, 2007

Who can blame Massey for speeding? Stuck in a car with a pregnant wife in the middle of nowhere and three hours from anywhere. I'd be going as fast as I could to get home too.

Appalled | 4:51 p.m. Nov. 21, 2007

There was nothing professional in that officer's conduct. He apparently failed to record the speed properly, failed to disclose how he got the speed or what it was, failed to explain the nature of what was being signed, failed to disclose he was arresting, failed to use proper force, failed to remove the driver from an incredibly dangerous position in the street, failed to accurately describe the event to the fellow officer.

But some people criticize the driver for not understanding the law? Seriously?

This psycho cop needs to be charged with criminal conduct, sued in a civil court, and barred forever from carrying weapons of any sort.

Hank Price | 4:55 p.m. Nov. 21, 2007

I completely disagree with the actions of the officer and with the law that you can be subject to arrest if you do not sign the citation. However, in most states, the traffic ticket contains a notice to you of a pending court date at which you must appear. By signing the ticket, you are providing an acknowledgment of receipt of the "notice to appear." Since the officer is charging you with a violation of law, he could take you into custody. By signing the traffic ticket, you avoid being taken into custody at that time, and are "released on your own recognizance" pending the court date. A person is free to refuse to sign the traffic ticket; however, the police officer is free to place him/her under arrest and take him/her into custody.

Here, the officer did a terrible job of explaining that no guilt is acknowledged by signing the ticket. He escalated a typical situation into a potentially deathly one. That is why he should be summarily fired and prosecuted with undue use of force. It didn't need to happen and now he has made it harder for others on the force.

Scary | 5:01 p.m. Nov. 21, 2007

Watch the video... the officer was pulling his tazer immediately upon setting his clipboard down. At this point Massey was just pointing at a sign. And if Massey was so dangerous, why did the cop turn his back to him to put his papers on the bumper. This is a scary that such an obvious abuse of power has gone unpunished. There is no justification for the cops behavior.

Genen | 5:02 p.m. Nov. 21, 2007

Please DO condemn the agency for the one person.

That is the ONLY way the UHP will understand what happened was a result of bad training or hiring practices.

Laws are meant to be enforced and that is a good thing, but it doesn't take a genius to know that HOW you enforce laws can not be left in the hands of the cops on the street "(Underpaid, Overworked, OutGunned, No Community Support)" No you have to develop standards of enforcement at a senior level and define reasonable force for a given situation and the proper techniques for diffusing stressful situations. Then provide education to the beat cops to understand their roles.

Either the UHP does not bother training its officers, or the training program is severely lacking. The action of this one officer demonstrate multiple errors of judgment and the use of a Taser in a manner that would get him demoted in just about any jurisdiction (except here apparently).

The worst part, is that this will have a ripple effect across the US and many departments will have to redo training plans, and overall increase paperwork for providing officers with Tasers all because of this one incident.

TQ | 5:07 p.m. Nov. 21, 2007

1. He should have signed the ticket and explained it too the judge.
2. Dont sign a ticket go to jail, signing the ticket is a promise to appear not admitting quilt.
3. He also initially refused to give the officer he license and registration.
4. He repeatedly refused to obey the orders of the officer.
5. He put his hand in his front pocket and turned to leave. Stupid.
6. Number one places officers are killed is on traffic stops. And sometimes the bad people look like normal innocent people.

Now as a cop this trooper made some mistakes, but tazing him was an option available and he used it. It is a soft hand control form.
7. This guy was an idiot who did not use the proper adult judgement that having a drivers license should he should have.

Harry Fenton | 5:40 p.m. Nov. 21, 2007

Tasers have caused over 70 deaths in the US and Canada. Simply put, they should only be used in situations where lethal force is threatened. Recently, they have been used on an autistic child and a handcuffed woman. No one should be killed for speeding 10 miles over the limit or peacefully refusing to sign a citation for that matter. If Trooper Gardner had shot Jared Massey for his refusal to sign a citation, there would be no question of Trooper Gardner's dismissal and prosecution. There is no real distinction here between the use of a taser and a gun, because there was no need for either.

It is also a shame that we need YouTube to accelerate an internal affairs investigation into an unstable meter-maid wannabe. Fire him and prosecute him and create an example of how not to behave as an officer of the law.

To Relax Again | 5:45 p.m. Nov. 21, 2007

Yes, Mr. Massey should have played the sheep. But there was NOTHING about his demeanor that suggested that he "might be under the influence". He was just pissed off, but not in a beligerent way. As for 68mph, I didn't hear that in the video and I've watched it a few times. Frankly, in the video, he doesn't appear to be travelling very fast. The only serious MPH going on in the video was the speed of StormTrooper Gardner going for his taser. Which, by the way, is a dangerous weapon that has killed numerous people over the last few years. It is NOT to be drawn lightly - and that is why so many people are up in arms at this news story - in fact, that is WHY this is a news story at all.

David | 6:21 p.m. Nov. 21, 2007

Trooper did a good job. Massey argued from the beginning and resisted arrest. If you resist arrest you deserve the taser.

Mark | 6:26 p.m. Nov. 21, 2007

I will pray for the young couple who were so badly mistreated. Government should never have this kind of power over innocent citizens. I sincerely hope they sue the Patrol, and win a very large judgment, and that Officer Gardner is relieved of his employment. How else can this kind of abuse be avoided in the future?

porky | 6:32 p.m. Nov. 21, 2007

sign the ticket and move on. he deserved what he got.

like teachers, UHP are underpaid and get no respect.

Mark in VA | 6:38 p.m. Nov. 21, 2007

This was obviously an abuse of force. The officer did not meet the requirements to deploy his taser and could have used other means to restrain the driver. What I can't believe is that this officer is still on patrol. He should be riding a desk until the results of the investigation. I agree that the driver should have signed the ticket and moved on, but the driver DID have a right to know how fast he was going.

JIMBO | 6:42 p.m. Nov. 21, 2007

IF THE MAN IN QUESTION WOULD HAVE PULLED A GUN OUT OF HIS POCKET OR IF ALLOWED TO CONTINUE TO HIS VEHICLE AND CAME BACK WITH A GUN WOULD THE TASER BE APPROPRIATE THEN? THE OFFICER HAD NO CLUE AS TO WHAT HIS INTENTIONS WERE. HE PROTECTED HIMSELF IN AN UNKNOWING SITUATION.

Sit, Ubu, Sit | 6:46 p.m. Nov. 21, 2007

Cop told him to get out of the car. That's why he did. This cop should not be allowed to work with adults, or children.

You can tell by the posts which ones are the high testosterone power junkie cops that think everyone should jump just because they can finally grow a mustache.

Way too fast on the trigger, there, public "SERVANT".

There was NO need for your force, you were just having a bad day and felt someone needed to "Ride the Taser".

I know they make cops get tazed before they can taze, but I think they should make them get tazed for everytime they taze, the same way they should be pepper-sprayed for everytime they do it to a citizen...

Make them think twice.

Oh, and me, never been tazed, or peppered, but I have received tickets from dishonest Utah cops, two of which were dismissed by the judges in front of the "officers". One, I had to fly to St. George from CA, but it was worth it to see the officer explain how I was going faster than 40 mph where there was no 40 mph zone (they like the money mailed in).

Deputy from Iowa | 6:50 p.m. Nov. 21, 2007

In our house, we are ashamed of the Officer. Many Officers are professional and follow the law; this one did not. He should be fired. Some Commenters said the Officer was stopping an unknown person, and this could be dangerous. Please remember that at this point, the officer had a record of the vehicle plate, and had run the computer check on it; and he had a record of the driver's license, and had checked him out, also. So this was not an entirely unknown person. His record was clean. He presented very, very little threat.

J | 7:04 p.m. Nov. 21, 2007

How does anyone know what Massey's intentions were, with his hand in his pocket and walking back to the vehicle? If he were allowed to endanger the officer's life would the taser then be justified? He was protecting himself from the unknown. If that cop were your son, brother, or father...what would you have wanted him to do?

jimbo | 7:18 p.m. Nov. 21, 2007

amen J!

Dan | 7:18 p.m. Nov. 21, 2007

This lunacy with these taser-happy officers is getting out of control, and with things being what they are, it's only a matter of time before these oblivious officers are gunned down because someone feels they need to protect themselves from these power-mad idiots who threaten to kill people based on a situation where no force is required.

This officer overstepped his bounds, and I hope he finds himself out of work as a result. He clearly doesn't deserve to wear the uniform he's been given, and every day he does is just further disgrace to the real officers of the UHP.

Taylor | 7:23 p.m. Nov. 21, 2007

The officer was probably a picked on person growing up and has a small man complex. So lets see he used the tazer on the guy in the BACK! I don't know how dangerous someone is from behind. I can't believe the UHP is still keeping this guy just because its a busy holiday. Looks like a bad situation for them on damage control. The guy should be fired or at least put him to work at the drivers license division.

John | 7:31 p.m. Nov. 21, 2007

Throw the cop in prison for a month or so, nothing crazy, but put him in genpop just for fun, and see if he ever uses his taser again.

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