Salt Lake Tribune
Utah Highway Patrol Trooper Jon Gardner used his Taser to zap a motorist who became uncooperative during a traffic stop.
Many people who viewed the confrontation after it was posted on the Web site YouTube thought Gardner was out of line.
However, UHP officials on Friday announced Gardner’s actions were justified when he shocked Jared Massey twice during the Sept. 14 incident in Uintah County.
Gardner’s actions “were lawful and reasonable under the circumstances,” UHP Superintendent Lance Davenport said at a news conference held at UHP headquarters in Taylorsville.
Internal investigators are continuing to review the case.
Davenport acknowledged there was a “communication breakdown” between Gardner and Massey, and that Gardner had alternative options that he didn’t use to resolve the situation. Gardner zapped Massey after he refused to sign a ticket, put his hand in his pocket and walked away from the trooper. Massey filed a public-records request after the incident and received the dashboard video from Gardner’s patrol car, which he posted on YouTube. The clip has reportedly been viewed more than 1 million times.
A short time later, an unidentified officer strolls up on scene and Gardner tells him that Massey “took a ride with the Taser.”
“That comment was inappropriate,” Davenport said Friday.
No shit. So I guess in Utah, putting your hands in your pocket is considered a threatening move. We blogged this story earlier and the video is here.
This really wasn’t the most unreasonable use of a taser that we’ve seen, however it should be made standard procedure for the officer to announce what’s about to happen. “you’re gonna get tased if you don’t put your hands on the car”.
Way to make the simple complicated, guys. Good job.
#9 – We both know that being “under arrest” is meaningless in this situation. An individual does not need to be placed in a certain state before action is taken against him.
#5 – I agree: The issue is that the driver forced the issue, and displayed behavior that caused the office to act. To not point to the driver as being the tipping point of the confrontation is to deny reality.
It could have been worse, and it wouldn’t have been the officer’s fault. Once again, the driver should consider himself lucky.
However, there is a more important issue to discuss…
You all missed the easy joke: Why did only one of his wives get out of the car? Where were the others?
>>To not point to the driver as being
>>the tipping point of the confrontation
>>is to deny reality.
Jesus, Mr. Hill, how timid does a behavior have to be before you are willing to admit that it’s not “threatening”.
The guy was walking back to his car, slowly, four fingers of each hand in clear view, wondering “what the fuck kind of drugs is this fruitcake on?”, when “Pakeww, Pakeww, argh, ya got me” the cop opens fire with 50,000 volts right in his unsuspecting back.
And if it was the “tipping point”, that’s only because the lunatic cop had already verbally abused the guy, his pregnant wife, and scared the shit out of the baby to the extent where I guess the only thing left for him to do was to shoot the guy.
Thugs like this should be drummed out of the police force and made to do some hard time (in General Population, perferably, not some TV-and-roast-beef protective custody cell).
It would have been interesting if the guy died; I understand Utah allows the firing squad as a means of execution. That would be what went around coming around, eh?
Having been to traffic school a few years ago, I watched the video to see what went “wrong.” Jared Massey clearly attended a similar class sometime before, because he did everything correctly. He had the right to ask the officer to see the radar gun to confirm that he had been speeding. He never got the chance before he was assaulted. He had the right to walk back to the speed limit sign with the officer and measure the distance travelled. He never got the chance before he was assaulted. Once the officer said he was being arrested, he had the right to ask why he was being arrested and what law he had broken (refusing to sign a ticket is not against the law). Upon being arrested, the officer is REQUIRED to read him his Miranda rights. Massey even asks him to do this, but the officer refused and tasered him. The guy’s pregnant wife is screaming at the policeman, begging him to stop tasering her husband, but the cop threatens to arrest her as well.
And then, of course, when the second officer arrives, Gardner claims Massey was uncooperative and had to be subdued, even though the video shows no such thing happened.
This is the kind of bully who should never have been given a badge or a gun, the kind who should be put behind bars for a very long time. But as long as his department supports such actions in spite of video evidence of his crime, he will never have to answer for his actions.
It’s really astounding that a regular citizen knows the law far better than a police officer who has sworn to uphold it.
#44, Terry,
You are correct except for the “Miranda Rights”. It is only required that you be told your right before being questioned. If the cop does not question you then he does not have to read you your rights. Again, you are quite correct and the cop must tell him why he is being arrested which didn’t happen.
The use of non-lethal weapons will be more prevelant in our society as police will find themelves confronted with criminals (not motor vehicle violators)that are taking desparate measures in desparate times.