Deseret News | Trooper cleared: State says Taser use justified, but other agencies to review traffic stop

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Trooper cleared: State says Taser use justified, but other agencies to review traffic stop

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Change is good | 1:58 p.m. Dec. 1, 2007

We live in times where our personal powers are stripped from us again and again. When those who say "enough is enough," the extreme right screams, "liberals!" (I take that as a compliment).
As Ron Paul said in the debate Wednesday, "There is a Revolution going on!"

Cody | 2:10 p.m. Dec. 1, 2007

The officer had to expect the worst from the clearly irritated and rebelious man. If the officer is punished that means officers everywhere will be more afraid to use any kind of force and that will logicaly lead to more officer casualties. Those who break the law should not have more rights than the officers.

Anonymous | 2:11 p.m. Dec. 1, 2007

To "Harold" -

With all due respect,
Are you talking about the cop or the guy that got electrocuted?

Comments continue below

kp | 2:12 p.m. Dec. 1, 2007

First, I watched the video and it looked like the police officer's car blocked any view of the 40 MPH sign. I suspect that is what confused the driver. The officer was pulling out and blocking it as the driver passed.

Second, what was edited from the video when the officer got to his car? Is there something incriminating that was edited out?

How many other people were pulled over? How did the officer deal with them? Where are these videos?
Do citizens have a right to ask questions and get clarification?
Did this officer have a quota of tickets for the day? He appeared from the start tha he wanted to write a ticket, or worse.

Officers need to know that respect needs to be earned and doesn't come just because someone drives a police car.

Final point--After 9-11, regular people are learning that for our own safety we don't just sit back and take it from authorities. Every person on the planes that day sat back and took it and died. We have a right to understand what is happening to us.

Norman | 2:27 p.m. Dec. 1, 2007

I do not recall hearing Officer Gardner order Mr. Massey out of his car. Actually, if he did order him out of his car, he would not have been as surprised to see him out of his car! What concerns me the most is that after ordering Mr. Massey back to his car, Officer Gardner became the aggressor. Officer Gardner walked towards Mr. Massey and tassered him as he was walking away! That is to say that Officer Gardner tassered him in the back as is evidenced by Mr. Massey falling stiffly backwards!

IN MY OPPINION, USING A TASSER IN THIS SITUATION IS NOT JUSTIVIED BUT NOTHING JUSTIFIES THREATENING THE LIFE OR WELL BEING OF OFFICER GARDNER!

HOW DID YOU-TUBE GET THE VIDEO IN THE FIRST PLACE?

former SLCPD | 2:30 p.m. Dec. 1, 2007

Before you judge the officer, put on his badge, gun and uniform. Then walk the peverbial mile in his shoes. He showed great restraint, the subject (Massey) put his hand in his pocket and turned his back on the officer, that is a no-no. He is not permamnently hurt he can move freely and he will have his day in court. I have seen officers (not personally) do things that are atrocious. More tht not they are gracious and understanding and allow more than they have to. And we don't have the whole story I am sure.

O.P. Rockwell | 2:32 p.m. Dec. 1, 2007

It's really a good thing I'm not a Highway Patrol officer. I would have kept zapping the punk until he shut his mouth long enough for me to tell him what he was charged with. Massey's wife was almost as bad at following orders as he was. I might have zapped her once just for good measure. This is how kids turn out that were never disiplined in their lives. It's too bad officer Gardner had to do it. I'm embarrassed for the state of Utah, embarrassed that over a million people saw how disrespectful some of our citizens are. Officer Gardner, you rock!!!!!!

J in NY | 2:33 p.m. Dec. 1, 2007

Lave, I find it funny that you would talk about safety issues relating to where I live. The city I live in is listed as one of the top 5 safest cities in most recent studies. This ranking is above any city in Utah, so go ahead and keep cracking your jokes about safety.

It is also funny that you would resort to name calling. Isn't that what kids do when they can't make a good argument? I never said that I thought Mr. Massey handled the situation well, I just don't believe that the situation warented the use of violence.

As a side note, you shouldn't allow movies to form your oppinions of other places. Go ahead and actually visit another state sometime, I think you will find that in general, traveling to form your own oppinions is a good thing to do. By the way, I enjoyed your comment relating common sense and my geographical location. I am only living in New York (the state) until my education is completed. I am actually from Utah, why else would I be reading the Deseret News? Go Jazz!!!

Anonymous | 2:33 p.m. Dec. 1, 2007

This whole sad story is evidence that the wrong type of people seek out authority positions.

kl | 2:58 p.m. Dec. 1, 2007

Just follow directions-especially after they pull out a weapon-and you'll be fine. Don't whine about getting hurt when a cop asks you to turn around and you walk away, putting your hand in your pocket. Duh, folks!

kevin | 3:00 p.m. Dec. 1, 2007

I saw the video just like you did. The Officer ordered him out of the car and had the taser pulled out within seconds and no obvious threat had been made. If you order someone out of the car you should not turn your back on them and then get scared enough to pull out your taser. The officer fully violated his civil rights and was on an ego trip. Put me on the jury.

Craig | 3:08 p.m. Dec. 1, 2007

Let's see now, it's OK to use a taser on a frustrated motorist, but not on a terrorist during interigation? The world is up-side-down!

I know from personal experience, that if an officer asks you to "step into his patrol car for quetioning" you better do it.

After explaining the situation to a couple of Lehi officers and being told I had not done anything wrong, and that I was not going to be arrested, I chose to walk away. I figured that I had cooperated and had "talked" with the officers, and since they were not going to arrest me, they had no further business with me. NOT SO!!

I was immediately taken to the ground, hand cuffed and placed in the patrol car. I was then charged with resisting arrest (!?) and $6,,00.00 later, aquited by a jury in Lehi.

Apparently, the Constitution and the Bill of Rights does not apply anymore. And the thing about getting your rights read to you...that's just Hollywood.

Marissa | 3:25 p.m. Dec. 1, 2007

The biggest problem I see with this officer is this: Mr. Massey asks to see the speed limit sign. The next sentence out of the trooper's mouth is "Get out of the car." I would assume he was going to show me the sign. never once did he say he was being arrested, never once did he explain the procedure to him. If he would have done so this whole incidence could have been avoided.
When I have been pulled over the officer always says did you no you were going X in a Y speed zone? The trooper refused to telll him what speed he was going even though that is his job. If he would have communicated rather than argued with Mr. Massey non of us would be posting today.

cycler | 3:31 p.m. Dec. 1, 2007

A few notes to you smart people.
1. Signing the ticket doesn't admit guilt, it means you got your copy of the complaint.Other-wise a cop could fill up his book with bogus tickets and then go round up everyone for not appearing in Court.
2. If Mr Smart mouth Massey had looked at the ticket, he would know what the speed was. You can't have a valid ticket without two speeds on it, posted and actual speed.
3. My guess is Mr Massey prided himself as being a slick talker, who carried his game too far!
4. My vote is guilty as charged. And I'm not a Cop, but, have had about 12 tickets in my life, and I still feel that 3 of them were bogus. But, to act smart out on the hwy with an armed Cop is not the answer,that's what Lawyers are for!

Anonymous | 3:32 p.m. Dec. 1, 2007

never hide your hands fromt eh police, especially when you are yelling at them. Duh!

Dave | 3:35 p.m. Dec. 1, 2007

All of you saying the officer is completely at fault need to get out a little more. The thing that I can't believe is that Massey fails to see that he escalated everything by himself. The city where I live in recently had a cop shot in the head during a similar situation, and had Massey been out here, he probably would have had his teeth kicked in after acting like that, especially after walking up behind the cop after being cuffed.

Gardner could have handled things differently, but you just don't know what could happen. Gardner should definitely go after Massey for defamation and several other things, he and his family have completely had to change their lives because Massey felt the "victim" and had the stupidity to post this on youtube before the investigation.

Thank you officers for doing what you can with these people

Michael | 3:36 p.m. Dec. 1, 2007

I think the answer to this entire fiasco lies within the blog itself.

The majority posting that are affiliated with law enforcement believe that they have absolute authority and power to do whatever they want to the general citizenship without pretense of accountability (except from their own).

Almost all those without the close affinity to law enforcement see this to be an example of gross abuse and are appalled.

One of the two sides needs to start moving toward the other or it will continue to escalate (which we are starting to see).

Are we a government OF the people, BY the people and FOR the people or are we a police state. That is the fundamental issue. I know how we were established and set up to be. Who was it that said, "Power corrupts but ultimate power corrupts ultimately"? No person or group should ever have ultimate power.

They're prone to start walking around electricuting people are the first hint of dissent.

DougS | 3:37 p.m. Dec. 1, 2007

You know, if UHP implemented a policy that every officer who uses a taser--regardless of the reason--must then be tasered himself, it might make the officers think twice before being so trigger-happy.

. | 3:47 p.m. Dec. 1, 2007

FACT: TASERS CAN, AND HAVE, KILLED PEOPLE.

Think about that for a moment.

Jake | 3:52 p.m. Dec. 1, 2007

That is just a hilarious video. I laughed aloud.

Horray | 4:08 p.m. Dec. 1, 2007

Horray for the UHP. Keep up the great and professional work you do. That motorist thought he was above the law he should have been punished more severely. What is this when we no longer have regard for law enforcement? Shame Shame on the driver he was in the wrong speeding is against the law. This should not have even been questioned only a harsher sentence, And no I am not old in my thinking I am 29 years, if we all went around with this attitude and behavior for our laws what would become of us as a society?

A E | 4:12 p.m. Dec. 1, 2007

I will be different.......I did NOT run to "YOUTUBE" to see some loudmouth, irresponsible, showoff idiot try to prove how tough he is to the UHP. He deliberabely refused to obey the orders of an officer (who was doing his duty) so he was WRONG and deserved exactly what he got. No matter what state, an officer of the law deserves respect and not the disrespect that is so commonplace in the sick society!

Scott | 4:28 p.m. Dec. 1, 2007

As we all know, there's only one thing that every branch of our government fears. Only one thing that will MAKE them right a wrong. And that's the media. The outrage expressed by MOST Americans over this thug with a badge is proof. Now, imagine what the outcome had been a Black man being tasered like this and caught on film. Not to mention his witty remark about "taking a ride on the taser." It would have been Utah's version of Rodney King. There's been mention that the video had been tampered with. If this proves to be true, the guilty person should be exposed so we can all see the type who do these cover-ups and make him answer questions. Of course in our "FREE" society that would never happen. But as hard as they tried, they couldn't sweep this under the rug.
And to those who complain about the life the officers have to live, THEY chose the proffesion, it did NOT choose them.
This idiot just wanted to bring this man who dared to question HIS authority. down and down hard. So Gardner and Davenport, who's afraid now. The media DOES make them turn on their own.

Ron | 4:33 p.m. Dec. 1, 2007

It would appear that Mr. Massey refused to comply with the commands given by the UHP officer. His disobedient and disrespectful behavior finds him responsible for the outcome of the exchange.

Homer | 4:44 p.m. Dec. 1, 2007

This whole thing is incredible. He "took a ride on the taser" at a traffic stop for cryin' out loud. The one with the power and the authority is the one with the responsibility to control the situation. Problem is, that shooting a guy dead would also "control" the situation. Bam, problem solved.

I am appalled at the UHP for missing the point. Protect and Serve, indeed!!

Former Vernalite | 5:11 p.m. Dec. 1, 2007

Having previously lived in Vernal, knowing the family of the driver through church, and having worked for the court, here's my two cents... Both were wrong. Bill's comments from 1:58 am are right on point. The officer could have communicated better. The driver says he wants to see the sign, the officer says step out of the vehicle. At this point, the officer is going to arrest, the driver wants to see the sign. Admittedly, the side of the road is not the place to argue your case, but the failure to communicate by the officer (who needs to be in charge) created some of the confusion. After the driver said he would not sign the ticket, the officer could have informed Massey of the consequences. The driver's argumentative attitude from the beginnig was met w/frustration from the officer (notice the officer's sigh when the driver asks what he did rather than handing over his license and registration). However, after the officer has made a lawful order, the driver continues walking toward the car w/his hand in his pocket. I have seen cases where the officer gets shot. Officer safety at this point prevails.

Anonymous | 5:30 p.m. Dec. 1, 2007

I just finished showing this video to my 15 year old son as a how not to act when stopped by the police example.

Mr Massey was argumentative from the start. He refused to give his license and registration until he had his say. He did not comply when told to put his hands behind his back or when told numerous times to stop while the taser was pointing at him.

Thank you for the perfect example of how not to act so that I could use it as a teaching moment for my son.

As for the officer I wish that he would have explaned Mr. Masseys options before ordering him out of the car.
1. You sign the ticket. Signing a ticket is not an admission of guilt it is simply an aknowledgement that you received a copy of the ticket and that you promise to appear in court in person or through the mail if appropriate.

2. You will be placed under arrest and will need to appear before the judge and post bail before being allowed to continue.

I believe that Mr. Massey would have signed had he known he would go to jail otherwise.

Vernalite | 5:35 p.m. Dec. 1, 2007

I have known Jared Massey for many years. He is not the type of person that is a reactionary. The thing that we all need to take into consideration is that the incident occurred nearly 3 months ago. He finally got tired of waiting for a response from the UHP, who apparently were hoping that the problem would just "go away". I commend him for having the will to take this on. And I hope that he is vindicated in the end. I would bet that the UHP never drags its collective feet again if a citizen files another complaint like this. Thank goodness for the internet.

Marjorie | 5:39 p.m. Dec. 1, 2007

I saw the video before reading the story, and sympathized with Massey. I thought Massey was never a threat to the officer, especially not when he walked AWAY from the officer! Then I read the story, which explained WHY the officer felt threatened, and my perspective changed. (My impression was that Massey's car keys were in his pocket, and his hand was hovering there because he BADLY wanted to grab his keys and drive FAR AWAY from the "weird" officer!)

A Virginia policeman once pulled me over; he took a look at the inspection sticker on my car, indicated that it was unsatisfactory, and demanded that I account for what was wrong. [NOTHING was wrong with my inspection sticker.] I thought, "Is this officer hung over, or on drugs? There's SOMETHING wrong with him!" I carefully replied, "This is the sticker I got; if there's something wrong with it, it isn't MY fault!" The officer looked again, finally REALLY SAW the sticker, said nothing more, and let me go. Whew!

It is EXTREMELY frightening to be stopped by a law enforcement officer who then behaves irrationally! (Probably Massey felt likewise, and thought turning and walking away would de-escalate the situation.)

Sexy in Draper | 5:52 p.m. Dec. 1, 2007

I have never seen such a ridiculous display by a person being pulled over for a speeding ticket. He argued with the officer, was agitated, would not follow directions and whined a lot. Police officers have to control situations from escalating. They don't know if one or more people have weapons, or what their intent may be. It was clear to even my children that officer Gardner was trying to keep the situation from escalating. He had people not following commands, jumping in and out of vehicles, etc. The Massey's should be embarrassed about their behavior. I would be too embarrassed to put it on You Tube. I would have tasered him a few more times myself.

Majority won't roll over | 6:28 p.m. Dec. 1, 2007

By perusing some of the posts above, never let it be said that authoritarianism isn't alive and well in America and it's reddest state, Utah.

Thank God for the majority who will not stand still for such tyranny.

Bdog | 6:52 p.m. Dec. 1, 2007

Sexy, sounds like you and the officer are the ones who need to be tasered to gain a little compassion for those who are abused by the police. The officer could have simply given him the ticket, there was no need for an arrest or a taser incident. The problem in this state is a pre-occupation with traffic violations and reasonable speed violations, instead of finding murderers who murder someone in plain sight like at the Village Inn in Sandy a couple of weeks ago. Maybe resources would be better spent preventing murders rather than harassing drivers who are driving at a reasonable rate of speed. In Utah, driving over the speed limit is not necessarily unlawful if the driver can prove he was driving at a reasonable rate of speed except for in school zones (if you don't believe me then look up Utah Code Annotated section 41-6a-601(3)).

Basically Utah spends way too many resources towards speed enforcement, and while I think in some cases it is effective in saving lives, I think officers take it too far way too often to meet their ticketing and fine quotas, which DO exist. It's ridiculous, and this officer should be disciplined.

Scott | 6:53 p.m. Dec. 1, 2007

The ruling is absolutely insane. I used to be a cop and in no way was the taser justified. All the officer had to do was print 'refused to sign' in the signature space. I'm so sick of seeing cops abuse their power, and even sicker when they are not condemned for it.

Casey | 7:09 p.m. Dec. 1, 2007

I agree with what seems to be the majority of people in Utah and throughout the country, that we do not want police to have the ability to use the taser in situations like these.

Safety | 7:14 p.m. Dec. 1, 2007

Thank you officer for doing your job. When individuals get obnoxious and decide they know the law without cause, it endangers others. His arrogance caused this event to happen. I hope he doesn't lower himself to play the martyr in order to justify his wrongful behavior. Swallow your pride and learn your lesson. Shame on you for wasting my tax dollars!

Any Sign of Intelligence? | 8:09 p.m. Dec. 1, 2007

I do not understand the vehement public outcry against the officer. I am concerned it is fueled by a lack of intelligence.

We cannot rationally say to our officers:
"put your life at risk every day, and if somebody resists arrest and refuses to follow your instructions while walking away and putting his hand into his pocket, do not tase him unless you want to be disciplined and/or fired."

Hundreds of otherwise rational people condemn the officer. Perhaps they are overlooking the potential threat Massey posed, and have made the mistake of believing that the officer tased Massey because Massey is an assinine, imbecilic jerk. Although Massey is indeed an assinine, imbecilic jerk, that is not why he was tased. He was tased for resisting arrest and posing a potential threat.

The Sudanese government jailed a teacher from the west, for allowing her students to name a teddy bear after one of the students, whose name is Muhammed. The teacher did not pose a potential threat to the life of anyone, like Massey did by resisting arrest and walking away while placing his hand in his pocket. If you want to villainize anybody, villainize the Sudanese government.

Good for Gardner | 8:09 p.m. Dec. 1, 2007

Gardner went home to his family after doing a shift of a difficult job. So he tasered someone needlessly, I saw the video, I saw an angry man walking back to his car putting his hand in his pocket. Hind sight says he didn't have a gun. Maybe Gardner needs more training. But I'm glad he got to go home to his family that night.

Hindsight is 20/20 | 8:23 p.m. Dec. 1, 2007

In the situation, I cannot fault the officer for using the force to stop a citizen that is not following orders. They have no idea what it could escalate to when there is a flagrant disregard for the orders of the officer. Sure, in retrospect the entire situation was escalated unnecessarily, but Massey was not an angel here either. Moral of the story is obey the officer, always. Should there be such a huge outcry about all this, I don't think so. Should there be lessons learned on both sides, absolutely.

Jim | 8:30 p.m. Dec. 1, 2007

Mr Massey as you contact your attorney give this some thought. How you got the officers tape escapes all reason. What you did was very immature. You acted like a spoiled brat. What you did was wrong. So think of this: by putting the officer on U-tube you put him in harms way. What ever happens to him from now on for the rest of his life, you will be responsible forever. You had better think twice before you disrespect the law. Because what happens to Officer Gardner could easily happen to you!

a random John | 8:33 p.m. Dec. 1, 2007

This ruling puts troopers in danger!

The fact that this shameful incident has been so widely viewed combined with sham results of the investigation will lead to a lack of respect for troopers on the part of the public.

I know that if I get pulled over by a UHP trooper in the future there will be an extra measure of fear there that hasn't been there in the past. I know from this investigation that the UHP will stand behind a trooper that is looking to escalate a situation and unwilling to answer reasonable questions.

Having the public fear troopers puts both the public and troopers in danger. The best thing the UHP could have done for public safety in this situation would have been ton condemn each and every bad decision that Gardner made along the way and to reprimand him if not fire him. They should have also pointed out the mistakes that Massey made out of ignorance and used them to educate the public as to what their rights are and what it means to sign a ticket.

As it is they released this at 6pm Friday. Clearly they don't want to educate anyone.

Gordon | 8:34 p.m. Dec. 1, 2007

Looks like the officer did his job....

Laine | 8:57 p.m. Dec. 1, 2007

Too everyone who thinks the UHP is covering this up you obviously dont know to much about Law Enforcment. As a police officer you come to know one thing, if you do anything that could get a department sued, even if what you do is legitimate that department under most circumstances will not stand behind the officer. So believe me when I say, the UHP did not cover up anything, how could you cover up something that was caught on tape for the world too see. It is nice to see a department stand up for an officer whos actions were appropriate.

Kyle | 8:57 p.m. Dec. 1, 2007

What part of stop and put your hands behind your back didn't this idiot understand? "You're not the boss of me" generation needs more of this.

Justified Tasering | 10:52 p.m. Dec. 1, 2007

Massey refused to sign the ticket, which gives the officer the option to arrest him. Massey then walks away when the officer asks him to put his hands behind his back, and makes a motion to his pocket. Massey was not obeying any instructions, and was consistently changing the facts! I heard him "say you haven't told me what I did wrong." Multiple times, and Officer Gardner explained it to him multiple times. Massey was even being disobedient after he was handcuffed. Officer Gardner had to lock him up in his car.

What amazes me, is those that think this was a wrongful shooting? Put yourself in the officers shoes! Massey could've been drawing a weapon. He could've also got back in his car and drive off. For those that think that Officer Gardner should've done nothing, I bet you would be the first that would've been asking for his badge had the man got back in his car and got in an accident. Then people wonder where are the cops in the case of riot, Katrina, etc. They're probably trying to avoid getting blamed for "unnecessary shootings", when they are truly necessary!

re: BDOG | 10:58 p.m. Dec. 1, 2007

Perhaps the reason why there are the crimes you are complaining about is because you don't support to cops in a justified tasering?! The man was not obeying the cop, turned his back to the cop, and reached for his pocket. He could've been going for a weapon, or trying to get away. Neither is allowed when an officer says "you're under arrest." Complain all you want about the arrest, but the tasering is justified! If you didn't want the cop to use a taser, what would you prefer? Having him knocked up the side of the head with a billy club? Having the cop tackle him? Frankly, I don't think tackling somebody is a good idea. What if he was to get the best of the cop, and use the cops gun? I've seen that happen on other video where the guy was being disobedient, and eventually tackled the cop!

re: Casey | 11:09 p.m. Dec. 1, 2007

So let's here from you and the "majority of the people in Utah", what should the cop do in a situation where he has told a man that "he is under arrest", and the man turns around to walk away and reaches towards his pocket. Should the cop let a man reach for a weapon, or if not that, drive away? Should the cop knock him up the side of the head with a billy club? Should he tackle the man? Should he let him drive away? If Massey was buzzed with drugs or alcohol, and he got back in his truck and had an accident killing whoever was in his car or perhaps somebody in another car or a pedestrian, would you then want the cops badge for just letting him drive away?! Don't tell me he could reason with the man! Massey was told by the cop why he was being arrested, and still kept saying that "he hadn't been told why he was being arrested". He also kept arguing with the cop! Even after being handcuffed! People like you make me sick! You get our police, and military killed because you tie their hands, and endanger them!

David R | 11:25 p.m. Dec. 1, 2007

Because I am a CPA and have some training in fraud, I believe using the taser was the correct action. I don't know anyone in law enforcement but I know that the only people who can defraud are the ones you don't think will do so. Therefore you follow professional procedures in all circumstances. NO ONE CAN SAY THE POLICEMAN WAS NOT AT RISK. Once someone is not responding to verbal directions, has their hands out of sight, and is returning to their car for who knows what reason, they have to be stopped by what ever non lethal means is available. However it should never have escalated to that level to start with

It would be interesting to know the age breakdown of those who think Massey's actions were justified. A recent employer who works a lot with people in this age group commented to me that they don't want bosses who tell them what to do. They want coaches who suggest and therapists. They don't respond to a direct order.

Bdog | 1:39 a.m. Dec. 2, 2007

Looks like my comment wasn't approved where I said that UHP ruled that Gardner didn't do anything wrong because they wanted to limit their liability in a potential lawsuit. Not sure why that wouldn't be approved, but Gardner should feel lucky that Massey didn't get a head injury the way that he fell when he was Tasered. Cops seriously need to chill out with the Tasers, and Gardner's quote that Massey "took a ride on the Taser" is ridiculous, and shows why he was using his weapon.

Kitenoa | 4:13 a.m. Dec. 2, 2007

I think "having to sign a speeding ticket" is the catalyst for confrontation, with many drivers.

Signing a speeding ticket is demeaning. It is a bad policy that must be done away with. In many ways it is seen as unnecassary provocation by a spiteful yet law abiding officer.

We should do away with that degrading process; have the officer get the driver's license number AND you are both on your ways.

For speeding violation, all you need is the information NOT the wrath of the driver who is insulted by being "required" to sign a stupid ticket.

Non-Utah Driver | 8:24 a.m. Dec. 2, 2007

I think I'll avoid your state.

UHP seems to think it is an occupying army. And lots of posters here seem to agree.

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