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Taser victim says UHP is 'stonewalling'

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Bob | 2:34 a.m. Nov. 22, 2007
The Trooper did the right thing, the side of a highway is not the place to argue and if this encounter went sideways, the officer could of easily been fighting this guy in the middle of the freeway. The moral of the story is sign the ticket and plead your case in court. Take pictures of the sign and bring them with you. You had to know you were going to get the ticket no matter what.
Jack | 2:53 a.m. Nov. 22, 2007
I saw the video and it doesn't look to me that the victim's statements above match his actions on tape. The victim defies the officer more than once. I think that it is about time that the public realizes that this and other officers are out there by themselves trying to enforce the laws. The officers put their lives on the line for us and this guy makes it hard on the officer to enforce the law. The victim and the public need to recognize that when someone goes against authorized requests of the officer that there will be consequences to that choice according to the laws.
Tristan28 | 3:52 a.m. Nov. 22, 2007
Mr. Massey, the officer told you to turn around so that he could place you under arrest and handcuff you and you obviously resisted. The officer gave you plenty of chances to sign the citation and to submit to the arrest. What would you have the officer do? Get into a physical struggle with a subject on the side of a busy highway, putting both of your lives in jeopardy? Or he could have let you get back to your vehicle to drive away and the pursuit would be on, again putting everyone's life in danger or to retrieve any weapons from the vehicle. (I know, you don't have any weapons, but how would the officer know that?) Or he could simply deploy the taser and end the situation without putting any one's life in danger. (I'm so sorry about the bump on your head.) These are just some of the things that would have been going through this officer's mind during this situation. All you had to do was sign the citation or submit to the arrest.
Comments continue below
Tristan28 | 3:55 a.m. Nov. 22, 2007
Mr. Massey, life is really not that complicated. You are just making it that way.
Anon. | 4:55 a.m. Nov. 22, 2007
Another bad judgment done by an UHP trooper... that's one reason I don't live in Utah anymore.
Wowzerz | 5:53 a.m. Nov. 22, 2007
I saw the video on youtube and I think that it will only help the trooper. The driver broke the law by speeding, refusing to sign the citation, and by refusing to follow a lawful command. The trooper had probable cause to arrest the guy, so the driver basically resisted arrest by refusing to turn around and be cuffed and he walked away. I would agree that the video does look bad, but that doesn't mean it was excessive force. The trooper will not be in any trouble, I'm sorry mr. youtube.
common sence | 6:34 a.m. Nov. 22, 2007
I feel that the officer could have used better communication skills. But when there is a lot of editing in the film. I still see a lot of what he and his wife did brought on the incident. This kid thinks he knows the law and wants to hold court at the scene. I believe if you listen you can hear the wife along with Massey arguing with Gardner at the first of the tape. There is a defiant and bulling attitude exhibited by Massey. He must feel that laws are for everyone else and do not apply to him. When told repeatedly to turn around and put his hands behind his back, the walks away. The wife�s actions after he was on the ground did not help, with so many police being shot lately. Officer Gardner needed to have concern for his own safety when she came around the SUV while he was taking Massey into custody. What if she would have had a gun?? Massey continued to be defiant even when being ask to get into the troupers car. It almost seemed that when the sheriff deputy showed up is when he started to obey the orders given.
Big Bob | 7:01 a.m. Nov. 22, 2007
I've watched the video and wonder why everyone is upset at the trooper. Routine traffic stops are one of the most dangerous things cops do. Anyone that's watched video of officers getting shot has seen people acting just like Massey that ended up killing a cop.
If the guy had followed the officer's requests he would never have been asked to leave the vehicle. If he had followed the officer's orders he would never have been tazed.
When a guy deliberately disobeys an order, especially with his hand in his pocket, that's a huge red flag.
A lot of people have commented that the officer was rude to the guys wife. Once again, when a second person leaves the vehicle it's a huge red flag that something bad might happen. Once the guy was securely in the police car, the officer calmly explained to the woman what had happened and why he had tazed the guy.
It's too bad the situation went as far as it did. Maybe the cop was a little quick on the gun, but it was the behavior of the speeder that resulted in the action taken. Put the blame where it belongs.
Funny thing | 7:25 a.m. Nov. 22, 2007
If Massey had just signed the ticket, the whole incident would have never happened. Signing a ticket is NOT an admission of guilt. He could have had a hearing on the ticket to explain his position. He chose instead to argue and, then, failed to comply with lawful orders of the officer. Massey caused this mess. His whining on the internet and threats of lawsuits are not well based.
disgusted in south jordan | 7:57 a.m. Nov. 22, 2007
i have seen the video twice. I am disgusted that a Police office of any kind could lose that much sself control. The office has image issues and power and control issues. If he remains on duty other private citizens are at risk. The fact that the Highway Patrol is not moving publicly on this issue futher validates a problem within the agency. Shame on the Highway Patrol. They are an angency that must be above board, and have the respect of those on the highway to be effective. This type of behavior undermines the safety of those driveing upon the roads. Again, SHAME on the highway patrol and this office.
What was he thinking? | 8:17 a.m. Nov. 22, 2007
AFter having seen the video this guy is lucky he didn't get shot. You don't act hostile towards a cop. you don't walk towards him with your hands reaching into a pocket. You do as you are told.

Several times the guy appears to be reaching for something and disobeys the officer.

He is lucky he didn't get shot. I'd like to be on that jury.

THe officers have a tough enough job. Their life is on the line every time they pull someone over.

Actions like this could one day cause one of them to get killed.
Johny Fairplay | 8:20 a.m. Nov. 22, 2007
Maybe the UHP can re-assign Officer Gardner to enforce Orem's residential landscaping ordinances until this all blows over.
SLCWatch | 8:30 a.m. Nov. 22, 2007
I don't know if the Trooper over reacted. Haven't seen the video or heard the troopers side. I can tell this young man doesn't have a clue yet that he was an active participant that created the situation.
no none | 8:35 a.m. Nov. 22, 2007
These cops and the use if tasers are getting out of hand. What happened to "serving and protecting" citizens.
MW | 8:47 a.m. Nov. 22, 2007
I can't believe this guy thinks he is the victim of anything. I'm not a cop, but I've seen the video on Youtube, and it's clear to me that the trooper was justified in his use of force. He pulled the taser out when Massey refuses to stop when he walking almost directly toward him w/ his hand in the air. Then Massey continues to refuse the trooper's verbal commands, while reaching into his pocket, trying to pull out who knows what, so the officer tasered him. I would have done the same thing. The guy would not comply, and continued to present himself as a threat. He should be grateful that cops carry tasers so he didn't have to be taken down with a night stick.
John H. | 8:57 a.m. Nov. 22, 2007
Thank the Lord. I'm very glad to see Youtube used in a constructive manner. Ignoring the facts of the case it's wonderful to see a case actually brought to light using the internet - it's quite obvious that the Massey's wouldn't have gotten all the information that they were looking for until after a 6-12 month "internal" investigation that would have turned up negative. While it's obvious that the investigation will still turn up negative, as these situations always do, at least some heat is being placed upon a public department to improve themselves. While yes, it is true that police officers shouldn't be questioned or argued with due to the difficult jobs they preform there is nothing wrong at all with trying to make a system more perfect - like it or not this video will end up being constructive. I do agree with another poster when he commented that if this is the reaction to a simple traffic stop imagine when this officer is confronted with real violence and the potential for the death of more than just himself.
Looks to me | 9:34 a.m. Nov. 22, 2007
From what I saw on the video, Massey resisted the officer's orders and got what he deserved.
Please sue! | 9:37 a.m. Nov. 22, 2007
you better sue! If you don't, this WILL happen again.

I want to know how often this guy has tazed motorists near Vernal.

I know it can be emotionally draining and you feel like just throwing in the towel because it just seems too hard to continue... but you just HAVE to see this through. The officer was in the wrong and he HAS to answer for his poor behavior.

I'm not saying your behavior was the best...but the officer was WAY out of line!

SUE!
Concerned Citizen | 9:54 a.m. Nov. 22, 2007
After watching the video I felt it was clear that this boy was resisting arrest at the point the taser was used. The officer was very calm, but could have handled the situation better. He should never have had the kid get out of the car, and instead wrote on the citation 'refused to sign'. It was the choice to arrest the boy for not signing that escalated thesituation and put the officer in danger.

Having worked a lot with teenagers, I can attest this child was not significantly mature. He was acting like a typical fourteen year old. He was slow to follow directions, he felt it was the officer's behavior that was out of line not his own, and most condemning of all he ignored the officer and turned his back to him to go back to the vehicle when being told he was under arrest. His parents should teach this young man and his girlfriend respect before they are old enough to get married and have kids on their own.

My real question is, should we handle these teenagers differently because of their age?
Joe Cool | 10:02 a.m. Nov. 22, 2007
The knuckle head got what he deserved.
Do what the police ask and they won't taser you. It is very simple. The wife is lucky she did not get it.
Get a Grip | 10:04 a.m. Nov. 22, 2007
It is interesting that Massey refuses to accept any responsibilitly at all for what happened. Signing the ticket is a no brainer, it is not an admission of guilt.

While I was not pleased with the way the trooper handled the situation up until the tazing, I do see the tazing to be reasonable.

Mr. Massey was clearly defying the commands of the trooper. He's wandering around on a highway -- not safe. He also reaches into his pocket. You never, never do that in front of law enforcement.

The same three rules apply here as they do anytime you are stopped by police.

1. Show your hands
2. Comply with commands
3. Get your questions answered at an appropriate time and place. Immediate gratification on this end is not always the safest for either party.
do it | 10:04 a.m. Nov. 22, 2007
For the benefit of the rest of us out there, please, file a lawsuit and get this man off of the Highway Patrol. I don't ever want to run into him, or any other patrol officer that is like him. I am disgusted by this.
Let Fairness Prevail | 10:09 a.m. Nov. 22, 2007
Um ... life has taught me that there are two sides to every story. I'm inclined to believe that Mr. Massey is not as "innocent" as he would have us believe.

Mr. Massey is doing the best he can to "Paint a Picture" that he is indeed an "Angel." However, this is done by taking "facts" out of context. If all the facts were presented "fairly" and in proper "context" ... it's highly likely that Mr. Massey would end up looking like a holier than thou snob for whom the law does not apply.

Thank goodness for law, and the rule of law, it's what keeps us all safe ... even Mr. Massey.

(Yes, this series of events was quite unfortunate, and it is regrettable that Mr. Massey had to endure being tasered. But had he acted "prudently," none of this would have ever happened. By the way, I'd be curious to know if he was really speeding to begin with. He does not ever mention whether he was the culprit who set these series of events into action to begin with. Don't blame others for your own poor decisions ... Mr. Massey. Grow Up!)
l | 10:11 a.m. Nov. 22, 2007
Hopefully the most horrific memory Massey will have is thinking about how easily the whole situation could have been resolved...by just taking the ticket and driving away, or by following the officer's orders.
Las Vegas Katbacker | 10:37 a.m. Nov. 22, 2007
I hope this officer didn't just have an urge to use what he may view as his toy. The Sherriff deputy that arrived thought it was amusing. I mean it when I say that officers with tasers often view it as a novelty that they have a gun that is not lethal. I may sound bias, but my brother-in-law last week was on lunch break at his parents and we were there. He removed the cap and fired his taser gun (showing sparks and loud popping noises) to show off and surprise the kids. It scared them and he laughed. Massey needed to obey all of Gardner's commands, and Massey was wrong. The Officer can barely justify this level of force as appropriate, and in the long run, UHP probably will have to soften policy on Taser use which will endanger Officers. These guys are out on an island all alone most of the time, and it is dangerous.
Ruppert | 10:54 a.m. Nov. 22, 2007
Cop's r in harm's way everyday.He should have done what he was told.I fully thought that he desrved what he got.
garbler | 10:54 a.m. Nov. 22, 2007
Although Massey was being difficult, it is his right to know how fast he was going. If the officer wouldn't tell him, then he had every right to not sign the ticket. If he signed it then pleaded his case in court, it's hersay and the judge would go with the cop's story (regardless whether the ticket says "this is not an admission of guilt")
Pocatello | 10:57 a.m. Nov. 22, 2007
I am stunned that anyone would think what the officer did was justifiable. I don't care if he had to tell the man 100 times to "turn around," you don't use force like that to subdue an obviously otherwise law abiding citizen. If he was 20 years old and had 3 friends in the car and was acting nervous, then sure, pulling out the taser might have been proper. But this guy was Mr. Average Utah, with his wife and kid in the car. He was going to suddenly become violent?

This is the problem with tasers. They were intended to be used instead of guns in life-threatening situations. Now, police are using them when, as the officer said, "I'm not going to play that game." In other words, it was easier to tase the man then deal with the situation.

Also, did you hear the two cops at the end of the tape? Amongst the profanity, the one officer said to the other "good for you," or something to that affect regarding his tasing the man.

Dozens of people die every year as the result of tasing (it happened just earlier this week). Police should be more careful.
Tazed | 11:09 a.m. Nov. 22, 2007
I guess the use of a batton or the butt end of his pistol would have been better to quite the man down. Or they could have wrestled a bit and fell into the freeway and got hit by a car.
We hire police officers to protect us and enforce the laws. We give them the right to do certain things and enforce as they have been instructed. But that's also why we have a court system, so when the driver doesn't agree with the citation, he can take it to a safe and impartial place. The side of the road is not the place to make your argument to the police officer.
Without Prejudice | 11:19 a.m. Nov. 22, 2007
All that Massey is accomplishing by posting an EDITED VERSION of the traffic stop video is given credence to the possibility that he could be he is covering up all the interactions that led to his being tasered. If you want the whole truth of the matter to be out there and eliminate as much doubt about your deserving what you got or not, Mr. Massey, post the whole unedited version...
jobajay | 11:31 a.m. Nov. 22, 2007
I would hope that our police and public servants could act with a little more restraint. I am not implying Massey was in the right, but I have done ride alongs with troopers before and have seen similar situations where the trooper handled the situation far more calmly and proffesionally. I hope that this will not get brushed under the rug but will be a chance to review how our police react with the citizens they are serving.
Hey Idaho | 11:58 a.m. Nov. 22, 2007
Look around on youtube and you will find other videos of police officers getting killed when they did not react quick enough. Had the trooper grabbed massey, I bet the fight would have been on. On the side of the highway, in rural Utah, bet things could have been worse for either massey or the trooper. As it has been said, take the ticket and fight it in court, later. the side of the highway is not the place to argue the case.
Money Bags | 12:30 p.m. Nov. 22, 2007
He's going to make some good money off of this video...and he deserves it. NO ONE WAS IN DANGER and yet the cop shoots him in the back!?!

I'm usually sympathetic to the police in these videos, but shooting a guy in the back is pretty low...
Charlie Chan | 12:46 p.m. Nov. 22, 2007
My thought after seeing the video:

The officer was so concerned with forcing the situation to a resolution (as so many of the police are), so concerned with being "obeyed" that he didn't even tell the man what speed he was going. He searched the car without apparent permission. He was acting like a thug.

I don't care if Massey was "difficult." When the cops pull citizens over they should go out of there way to be polite and �communicative�: they are the ones pulling Us over, not the other way around--and as we see here, they are the ones who have the power to hurt us.

To say an act is �legal� is the lowest level of ethical justification. That so many people are taking the cop's side here is, I think, a sad comment on the authoritarian nature of our society.
Anonymous | 1:01 p.m. Nov. 22, 2007
I normally back law enforcement at least 95% of the time.

But not in this case. The speeder is a mouthy and should have just complied. However the cop is the professional who is taught to know how to handle these situations.

The cop handled it poorly and could have deescalated the situation. Even when it got to the point where he refused to sign the ticked. The cop could have told him the possible consequences. That could have deescalated it right there before it got to the point of arresting him.

Even if the Massey still refused to sign it, in Utah the cop has the option of arresting him or not.

There was no reason to arrest the guy anyway. He had his wife and kid with him, and was obviously not a threat or danger to anyone.

So say what you want how justified this was. It never had to reach that point and in the eyes of the public it casts a black eye on cops
Mark In PA | 1:34 p.m. Nov. 22, 2007
Everyone on this board is completely missing the most important point. Yes, Massey was defiant and even "mouthy", and he should have been more cooperative. HOWEVER... all Officer Gardner would have had to do to completely defuse this situation would have been to CLEARLY EXPLAIN the consequences of signing or not the citation. He NEVER ONCE said that signing the citation is not an admission of guilt but only a promise to appear in court. He also never said that by refusing to sign, Massey will instead be placed under arrest. He also never said that he was about to Taser Massey.

Gardner could have avoided the entire confrontation if he would have calmly and intelligently communicated WITH Massey rather than just giving him mindless commands to obey. Yes, it is our duty as citizens to follow police officer's commands, but it is their duty as professionals to use SOUND JUDGEMENT, COMMUNICATION and GOOD DECISIONMAKING to prevent excessive use of force.

In this situation, Officer Gardner clearly demonstrated extremely bad judgement and a very poor ability to maintain his composure and think through a situation. This man has no business wearing a badge or carrying a gun.
Cecil | 1:56 p.m. Nov. 22, 2007
yes the officer had the option to NOT arrest the subject, but the officer felt the bullying and attitude of the driver warranted an arrest. Yes the officer is heavy handed, but the driver had about 15 opportunities to not get arrested, this is clearly caused by the driver aggravating an unprofessional cop.. it's not really the cop's fault, the driver said "NO" far too many times to the cops lawful ORDERS to OBEY.. who in their right mind refuses a cops lawful or unlawful orders with impunity? Someone who wants to get tasered, that's who!!
Anonymous | 2:47 p.m. Nov. 22, 2007
Cecil,

I'm not justifying Massys actions at all, but what he did (not signing the ticket) and having an attitude is not grounds for arrest.

Police officers have a tough job, but they are trained to take all kinds of abuse (far worse than a speeder mouthing off) professionally and to defuse the situation and keep things from going to this level.

This officer clearly did not.
Steve | 3:07 p.m. Nov. 22, 2007
Everyone who is on the officer's side. I just don't know what is wrong with you. The Man Mr. Massey was fully within his legal rights. Yeah maybe he should have argued his case in court and not the side of the road but he didn't do anything wrong worth getting a taser. The man was of no threat to the officer or anybody else which is the only reason the officer would be allowed to use a taser. This whole thing could have been resolved with simple conversation. This is a classic case of an officer abusing there power and getting away with it. The officer said in the video to the other cop "I told him to turn around or I'll taser you" watch the video again when he threatens Mr. Massey with the taser A. Massey is surprised and scared B. The officer never actually said the words "or I'll taser you" This cop should be thrown off the police force for such behaviour.
Charles | 3:17 p.m. Nov. 22, 2007
You broke the law and endangered your family. What happen to obeying the laws of the land. I hope you can sollow your pride and repent. I feel for you take care of your family and let it go.You could have gone about it much differently. Luck for you that you are not a minority. We do not have the luxury to throw a tantrum.
re:steve | 6:15 p.m. Nov. 22, 2007
Steve, obviously you have never seen a video of an officer involved shooting. The vast majority of them start out as routine traffic stops just like this one. How can you say the officer was in no threat? Look where Massey's hands are while he's walking back to his car, how is the officer to know what Massey has in his car? Granted he didn't have a gun, but too many officers die each year because some people do. Why is it that the public is so quick to judge an officers actions when it is the public that asks them to put their lives on line line every day they go to work. Put yourself in the officers situation knowing that all it takes is one person to sneak a weapon out on you and you don't go home that night.
Mike | 6:25 p.m. Nov. 22, 2007
What is wrong with all these people. An officer should not take an action that could jeopardize the life of an individual, unless his life is in peril which it was not.
Furthermore why does the officer care if the ticket is signed, as soon as he gives it the motorist the citation is completed. A motorist should be respectful of an officer but this officers actions can not be justified. If this officer doesn't lose his job I wonder about the judgment of his superiors.
David | 6:51 p.m. Nov. 22, 2007
Massey deserved it. From the beginning he argued with the officer. When an officer asks you to get out of your vehicle its not to look at the scenery. He definately resisted arrest. No officer would allow an individual to return to his vehicle when attempting to make an arrest.
CJem | 7:46 p.m. Nov. 22, 2007
The video should be shown in drivers' education courses to teach what not to do when stopped by a police officer.
Scott | 8:39 p.m. Nov. 22, 2007
The first mistake massey did... was getting out of the car... He should of asked for a supervisor to arrive, and waited in his car until he did...

Second, he DOES NOT HAVE TO SIGN... he can be asked to sign, but it is not a crime to not sign it... the cop should of said, fine, I will sign the line saying I gave your the oppertunity to sign, and here it is... good day..
Holmes | 8:48 p.m. Nov. 22, 2007
All of the comments about not signing the ticket, hand in pocket, Massey 'arguing'... they are largely irrelevant. Why? The officer lies. He states to his fellow officer he warned Massey he'd be tasered. It's clear that was a lie, and that goes to prove malice on the officer's part.

This isn't a cop; he's a sneering, lying thug with a badge. ("He took a ride with the taser").

Anyone defending him is part of the problem. I respect and admire the police. But if police generally behave this way and it's considered acceptable, then they are at best neutral with respect to the rest of us and at worst the enemy.

Do we want a situation where (God forbid) a cop is shot in a stop like this, and normal decent citizens shrug and say "the cop probably had it coming". I sure as heck don't. The police serve and protect. This officer did neither. He assaulted and lied. If that behavior becomes commonplace and police are unable to see it as wrong, then we will be headed to a dark future indeed.

Much respect for the police. No respect for this thug who belongs in jail.
Rick | 8:51 p.m. Nov. 22, 2007
My sister has been a police officer for 16 years, for both West Valley, SLC. We watched the video together because I wanted to get her response. She was flabbergasted at this conduct of the UHP and that the officer was COMPLETELY out of line, extremely arrogant, and that it was a clear case of police brutality. And she said that yes, technically, an officer CAN arrest someone for refusing to sign a citation, but she added that it is pointless and that they are specifically trainede that if someone doesn't sign a ticket, they are to write on the ticket "refused to sign" then give them the ticket to the person and walk away. When brought before the judge, 99% of the time, the judge doesn't even CARE of the signing of the ticket. The Tasering was RIDICULOUS & uncalled for, and she added of all the law enforcement agencies in the state, the UHP always feel they are above the law, and she has been witness when the UHP has arrested OTHER OFFICERS for "attitude" tickets, which have completely no foundation in court. This man needs to be fired and UHP should be ASHAMED of what happened here!
Brent Hartman | 9:06 p.m. Nov. 22, 2007
Utah Code 77-7-7. Force in making arrest.
If a person is being arrested and flees or forcibly resists after being informed of the intention to make the arrest, the person arresting may use reasonable force to effect the arrest. Deadly force
may be used only as provided in Section 76-2-404. (Utah Code)

When was Massey informed of the officer's intention to make the arrest? After force was used. The officer broke the law.


HR in South Jordan | 9:31 p.m. Nov. 22, 2007
We need to train that officer to respond better to the commands of our "more important" drivers. If a driver tells you to do something, just shut up and do it. When an obviously priveleged young man tells you to drive back with him to look for a speed limit sign before he'll sign anything, do what he says!

And when you are arresting him and he starts heading back to his car, let him go. What right do you have to interfere with the business of such a sweet little boy.

John | 9:40 p.m. Nov. 22, 2007
I've noticed a couple of errors in peoples opinions.

First, people have criticized the UHP for not moving quickly on the complaint. In the article it clearly states that Massey said that he has not yet filled out the complaint form the UHP gave him. How can UHP "stonewall" on a complaint he hasnt officially filed yet?

Second, Scott and the others who state that Massey didnt have to sign, please read Utah Code 77-7-24. He can only secure his release by signing the ticket. If the officer releases him without the signature, according to state law he is guilty of misconduct.

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