Traffic-Stop Taser Cop Acted "Reasonably"

Utah Officials Say Trooper Felt Threatened In Incident Widely Viewed On YouTube Website

(AP)  A Utah trooper who used a Taser to subdue a stubborn motorist who was walking away from him during a traffic stop felt threatened and acted reasonably, state officials said Friday.

Trooper Jon Gardner remains on leave, primarily for his safety, after numerous anonymous threats were made against him, said Supt. Lance Davenport of the Utah Highway Patrol.

Gardner twice zapped Jared Massey with a Taser when the driver walked away and refused to sign a speeding ticket on Sept. 14. The incident was recorded on Gardner's dashboard camera. Massey filed a public-records request and posted the video on YouTube, which said it has been viewed more than 1 million times.

"We found that Trooper Gardner's actions were lawful and reasonable under the circumstances," Davenport said at a news conference, joined by Scott Duncan, commissioner of the UHP's parent agency, the Utah Department of Public Safety.

The investigation was conducted by officials in the Department of Public Safety, which oversees the highway patrol. The officials have asked the Utah attorney general's office to also review the case to determine if laws were broken.

Massey was not at the news conference and could not immediately be reached for comment.

The video showed Massey arguing about whether he was exceeding the speed limit on U.S. 40 in eastern Utah. Massey got out and walked to the rear of his vehicle. The trooper pulled out his Taser when the driver tried to return to his seat.

Massey shrieked, fell and said: "Officer, I really don't know what you're doing."

"Face down! Face down! Put your hands behind your back," Gardner said.

When Massey's wife emerged from the passenger side, the trooper ordered her to get back in - "or you're going to jail, too." Moments later, when another officer arrived, one of them said, "Oh, he took a ride with the Taser."

Davenport said that comment was inappropriate.

Officials said Gardner could have issued the ticket without Massey's signature. The investigation found use of the Taser was justified because Massey had turned his back and put a hand near his pocket, Davenport said.

"For a law-enforcement officer, that is a very, very scary situation," he said.

Nonetheless, the trooper now realizes that other options were available, Davenport said.

The UHP has received thousands of phone calls and e-mails since the video was posted online, many of them critical of the trooper. There also have been online threats against Gardner.

"I think mostly it's people blowing off steam, and that's fine," Sgt. Jeff Nigbur, a UHP spokesman, said Friday before the investigation's conclusions were announced. "But you can't say you're going to endanger somebody's life."

He said there was no evidence that the trooper's life is in danger. Massey has pleaded for the online threats to stop.

Tasers use compressed nitrogen to fire two barbed darts that can penetrate clothing to deliver a 50,000-volt shock to immobilize people.

Tasers are manufactured by Taser International of Scottsdale.

[Krazcarl]

Did anyone expect any different.

[fibonacci_]

I think definately that some of the least intelligent people in America live in that state.

[shanev137]

The cop lied on the tape at the end.

Utah authorities call that reasonable?

What are you Mormons smoking up there?

[hsinco-2009]

If you are "scared" that easily as a cop, maybe it is time to move to a job in shopping center security!

[myidoncbs]

"A Utah trooper who used a Taser ... felt threatened..."

Pu$$y!

"...and acted reasonably"

BS!

The cop was belligerant and stupid. They driver was belligerant and stupid. But Tasers can KILL. There was NO NEED to taser that kid. He was NOT running away. He DID NOT present any danger to the cop or to anyone else.

Just be glad the cop wasn''t gunownerdan or one of his buddies, though. They promise to shoot to kill whenever they feel "threatened"!

If this trend continues, soon the legal definition of "threaten" will be met by anyone who "looks at you cross-eyed"!

[rowdytexan2]

Tasers should be considered just lilke any other deadly force, a last resort. And obviously this cop got his jollies by applying it, if he could joke about it. He needs, like so many do, to go back to Constitution class. We don''t torture in this country.

Their job is dangerous and it''s dirty. But it was obvious on the tape the young man was just trying to make his point. This cop was way out of line. They had to look really hard at the tape to find something they could point at if all they had was him reaching for his pocket, geezus.

[slim1h2o]

I think we have a new reality show in the makings!

Cops Gone Wild!

[exnewsdir]

The driver''s signature WASN''T NECESSARY to issue the ticket? Then ALL of Gardner''s behavior after Massey refused to sign was unreasonable. He could have said "You''ll get your court summons in the mail, drive safely, have a nice day." But he had to feel like the big man. So he felt threatened by a confused nerd, his pregnant wife, and a baby?

[cepe10-2009]

UHP has clearly shown what a corrupt organization they are now. Gardner''s and the UHP''s problems are many here. First he is not secure in his knowledge of what he is doing. To be in enforcement (and in this case act as a prosecutor later in court) the officer needs to be able to speak to the elements of the crime. The first thing I see here is that the reduced speed ahead signage was missing and he is targeting in an area too close to the change Spped trap). This is inconsistent with the statute and posting requirements. Gardner is insecure because he is not competent in using speed measurement devices or have a grasp on public safety and having a real traffic safety policy in place. I suspect from his actions just issuing tickets for the UHP''s purpose of showing they are doing something and to generate revenues for the state and insurance companies, not with regard to public safety. The Tasing was not justified by any means - there is no law that a traveler has to accept the citation - he had a registered vehicle and licence -that is all that is need to prosecute and with the state DMV agreements in place their is no reason too suspect the defendant would get away without answering to the charge. So that excuse is out. This really just a sad excuse for a human being who is insecure and has a chip on his shoulder. His quick depature from the truth when speaking to the other officer speaks volumes!

[exnewsdir]

The driver''s signature WASN''T NECESSARY to issue the ticket? Then ALL of Gardner''s behavior after Massey refused to sign was unreasonable. He could have said "You''ll get your court summons in the mail, drive safely, have a nice day." But he had to feel like the big man. So he felt threatened by a confused nerd, his pregnant wife, and a baby?

[kevzgrl]

"We found that Trooper Gardner''s actions were lawful and reasonable under the circumstances," Davenport said at a news conference, joined by Scott Duncan, commissioner of the UHP''s parent agency, the Utah Department of Public Safety.
How in the H-E-LL was this gonzo officer "threatened"? I have seen the video over and over, on TV and the Web, and the young man did not make ANY threatening comments or actions that could POSSIBLY have led that policeman to feel he was in imminent danger of harm. Just another case of a cop going WAY over the top, and his buddies higher up protecting him - he ought to be disciplined, not praised as a HERO.

[barbaraf4]

Whatever did cops do before they had tasers?

I''ve said it before and I will say it again: the cops are NOT the good guys.

[watcher269-2009]

Papers Please!

Vhat''s Tis?

You von''t Siine?

Weee Havv vays to maka yu Siine!

Siine or Yu Di!

Sigh Hail!

No More Rights!
No More Rights!

Taser them all and let the courts sort them out!!!


Gotta Love Bushit and Crew!

[b0ludo]

The trooper should be allowed to drive a desk for the rest of his career... This guy is dangerous and unstable. We read about this junk all the time. The police, protecting their own, don''t conduct a proper third-party psych assessment and the guy turns into to a a uniformed monster because he knows he can get away with it.

[mom_o_truth]

....with Liberty and Taser for all." We have the POWER AND BLUE SHIELD you don''t.

[scottyusa]

Mr. Massey should have the opportunity to taser Mr. Gardner. Then maybe the officer will think twice before using it again.

[b0ludo]

If the police don''t do something about this, the public will, which will affect proper troopers everywhere. It is crazy enough out there and there are way too many guns in private hands. The police should make a proper example out of this situation and give this gentleman a chance to find a more suitable way to earn his living.

[infidel_us]

Of course he acted responsibly. Driving is a privilige, not a RIGHT! You are obligated to obey the instructions given to you by the po-po.

This moron ignored the officer''s instructions, turned his back on the officer, then stuck his hand in his pocket. He deserved every volt he got!

[Renegade.Rivers]

Welcome to Amerika folks. Land of the red, white, and blue. Where the red is your blood, the white is your teeth on the ground, the blue is the bruises you receive if you live to tell about it.

Anyone who doubts the validity to the fact that we now live in a police state controlled by fascist, need only open the local newspaper.

%u201CForce always attracts men of low morality.%u201D Albert Einstein

[infidel_us]

renrivers,

Maybe you should move to Sudan and name your dog muhammad. You need to be taught the true meaning of ''fascist''.

[missingamerica]

It is too bad that Dr. Stanley Milgram has passed away.

I think he''d thoroughly enjoy discussing the ludicrousness of giving cops - or any segment of the population - instruments designed to inflict pain and then telling them it is OK to use them as long as they perceived a vaguely-defined "threat".

Particularly when those instruments can cause death.

[missingamerica]

Actually, I mispoke - instead:

It is too bad that Dr. Stanley Milgram has passed away.

I think he''''d thoroughly enjoy discussing the ludicrousness of giving cops - or any segment of the population - instruments designed to inflict pain and then telling them that they should be used if they feel that a vaguely-defined "threat" exists.

Particularly when those instruments can cause death.

[kindrox]

If the officer felt threatened by the motorist, why did he ask him to get out of the car? If the motorist is not required to sign the speeding ticket, why not give him the ticket and send him on his way? Again, why ask the motorist to get out of the car?

If the cop intended to simply arrest the motorist, why not place him under arrest as he stepped out of the car?

Was the motorist stupid to place a hand near a pocket? Yes. But it is the officer who engineered the whole thing over being *dis"ed* by a member of the public.

Now the public is going to have a little more *dis* for officers and police are going to scratch their heads and wonder why.

[likeitis5050]

You don''t TURN YOUR BACK on someone you feel IS A THREAT to your safety...of course, it would then have been obvious to the motorist of the cop''s intentions all along. But then what do you expect? However, the cop knows NOW what it feels like to fear for his safety. P*ick! Cops like this are sickening. And cops who support cops who are nothing more than little di*ks with big mouths and a need to be feared by everyone they meet are sickening, too!! Keep this t.urd out of uniform and hidden like the coward he really is, for everyone''s sake!

[Ed0719]

This lazy and stupid cop just helped make it more dangerous for every other cop in the country. This was a clear abuse of power and it only affirms such in the minds of those who only need an excuse like this to resist lawful arrest in the future.

Seeing this video makes me want to taser the stupid cop... over and over. And now, after reading what the cops "superiors" say, they need it, too. Is that what they wanted? Do they want a public who WANTS to do them harm as a simple retribution? They got it.

[ssm9451]

Go to ''tridellutah.com''-there are telephone numbers there if anyone wants to call and voice their concerns about this incident.

[limaur]

Always obey the instructions of the police officer and be respectful. Never argue. I even thank the officer for doing his job, even when I know he is in the wrong, Reserve your arguments for the magistrate.The driver in this case was way out of line, especially that he had his wife and 15-month daughter in the van.

[cyberus-2009]

Of course they find he acted reasonably .. if they had found otherwise they would have left themselves open to liability.

[slim1h2o]

Cops are safer than 7 11 clerks??? I never seen a clerk Taser anyone.

[beehive21-2009]

Stay out of Utah if your looking for trouble,and cannot handle the heat.Mr. Massey should lose his drivers license.The UHP as well as all Police are dealing with the lowlifes of the Earth help em out so they can get on with arresting all the low life lined up outside your doors.Stay out Utah,if your looking for trouble,we have the death penality.

[tdentino]

I support the police but this guy crossed the line. He gives all cops a bad rapp.

[stevenga777]

Remember...Police are not here to protect the public, but to enforce the law.
By the way, if I had been the wife I''d have shot the cop in the head when he approached my door because I would have felt my child''s life and my own life was in danger plus my husbands life. I have a heart condition and he might Taser me just for the heck of it.

[stevenga777]

BTW...Shouldn''t the polic be out fighting crime instead if sitting around looking for people to give tickets too. I loved the autobahns in Germany...no spped limits until you approach a city. They don''t waste their law enforcement on giving tickets and polic chases. that''s what cameras are for. you get the ticket in the mail. We also know someone who nearly died because a police officer was rushing to get in on a police chase and hit her when she had the right of way in an intersection. The sad part is the chase had already stopped.

[slim1h2o]

Remember...Police are not here to protect the public, but to enforce the law

UUHH? Excuse me, but cops ARE here to protect the public,, by enforcing the laws, it makes all safer. Theoreticly anyways.

[runningralph]

I thought that when you are stopped for a traffic violation, you could be arrested if you didn''t sign the ticket. At any rate, if Massey had just signed the ticket, he could have driven away with no problem.

[jn122736]

Police departments everywhere go to reticules lengths to cover-up police abuse and criminal activity.

I posted this comment on another CBS story(Pastor: %u201CWife "Feared" Cop Husband%u201D)%u2026%u2026 yesterday
**********

%u201CIn a roughly two-year period beginning in 2002, police responded to 18 domestic disturbance calls at Peterson%u2019s house. Savio (his wife) accused Peterson of beating her and threatening to kill her, but no charges were ever brought against him.

Instead, Peterson twice persuaded prosecutors to charge Savio with domestic battery. She was acquitted both times.
~~~~~~~~~~~~~

Appraently, the entire Bolingbrook Police Department, Judges, and prosecutors are culpable in Savio%u2019s death.

18 domestic violence call responses in 2 years. Savio couldn%u2019t get any charges brought against Peterson but they prosecuted her (twice, with no convictions).

After telling prosecutor that Peterson had beaten and threatened to kill her, Savio was found dead in a DRY bathtub and the coroner still ruled that she had drowned %u201Caccidentally%u201D..

Incidences like this and other obviously unjustified tasering/shootings occur constantly and only a fraction make the national news

There will be some who are, perhaps, either cops, ex-cops, or %u201Cwanna be%u2019s%u201D, defending these actions.

BTW, Infidel_Us is also a Bush apologist.

[slim1h2o]

Nancy,,

Cops have told me by signing a ticket is NOT an admission of guilt. I asked why bother signing then,,, He could not give me an acceptible answer, because he did not know either... ***

[knyghtwolf]

So if I have a friend who is an alcoholic and I follow him/her into a bar where all his/her''s friends are hanging to discuss their needing help & he/she asks their friends if they think they have a problem with alcohol, and they say no, does that mean the problem is mine? Judging from the body language of the police officer, something else earlier before had upset him, but he WAS itching to do something to exact some type of retribution vicariously through someone else and that motorist fit the bill. Long before these law enforcers are let out on their own, they have to be up on the laws of what they can or can''t do. It will happen again, and again and again until someone gets killed.

[koolcuebaby]

If the police are not allowed to enforce the laws of our states, then we as citizens are not safe...& if the guy had just done what he was asked he wouldn''t have been tazered...suppose he had had a gun in his pocket & shot the trooper, would you all have felt better?...bottom line...don''t break the laws of your state & you have nothing to worry about

[lewiston14]

Sorry I do not agree with what the police did in this matter. He was acting like the judge and jury. Rather then talk it over he just took what he thought was the easy way out. Now they are back peddling like crazy to make it all go away. I say don''t let it slip away. Sure these guys face weird things on the road but this was not necassary at all. Good thing they are keeping him off the road because alot o people want to see him swing sorry to say. Give him a dext job and hope he don''t stab somebody with a pen.

[lewiston14]

Cool: One big question was where these speed signs were and if he broke the law. Does speeding warrent a couple of tazer shots. If it does I think alot more people are going to be carrying guns for just that. The wife could have blown him away

[da552]

You should sign. I is not admission of guilt it is acknolegement that you have recieved the ticket.In truth the highway police are actually revenue collecters. Without your signature on the ticket,there would be nothing for the collecter to just observe your plate number and write a ticket charging any violation they needed for their quota,productivity review,etc. Then when you are contacted by another revenue collecter you are arrested and ordered to pay for the original trumped up charge plus for not appearing,possibly for contempt,ect. All generating more revenue.

[lewiston14]

"I think mostly it''s people blowing off steam, and that''s fine," Sgt. Jeff Nigbur

What about the people that were NOT just blowing off steam Ever think of that?

[ioweign]

The video showed Massey arguing about whether he was exceeding the speed limit on U.S. 40 in eastern Utah. Massey got out and walked to the rear of his vehicle. The trooper pulled out his Taser when the driver tried to return to his seat.

Massey shrieked, fell and said: "Officer, I really don''t know what you''re doing."

"Face down! Face down! Put your hands behind your back," Gardner said.

#######################

The driver tried to return to his seat and the officer felt threated ??

Oh brother !!

Stay out of Utah !

[koolcuebaby]

Massey wasn''t tazered because he was speeding...he was tazered because after he was ordered to get out of the car, he walked away, was ordered to stop & didn''t...geezzz get a grip people...these officers are out there in the middle of nowhere, stopping god only knows who & they have to be able to control the situation least they themselves become a victim...

[koolcuebaby]

ummm so you''re saying people in Dodges should always be deemed safe & just let them disrespect the law & walk away?

[lewiston14]

Kool: Stop being Mr. pitty putty. You know this was way above and beyond. He should hide behind that desk now.

[koolcuebaby]

letus2..you need to get out more hon...nowdays criminals & crazies are driving dodges too..

[ioweign]

stopping god only knows who & they have to be able to control the situation least they themselves become a victim..."

It wasn''''t a Lexus, it was a Dodge.

Posted by letus2 at 11:27 AM : Dec 01, 2007

The guy was walking back to his vehicle because he wasn''t going to sign the ticket - so electrocute him for not signing the ticket and then claim he felt threated - this cop needs to find a different occupation before HE really hurts someone !

[koolcuebaby]

lewiston14...1st I''m not a Mr anything...& 2ndly...I know of several troopers who have been shot over a traffic stop...so NO..this wasn''t over & beyond....