Utah Highway Patrol: “Reasonable” to Taser Motoroist for Not Signing Ticket

Jason Bergreen
The Salt Lake Tribune
December 1, 2007

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.

The UHP has asked the Utah Attorney General’s Office to investigate the incident.

“We recognize and realize the significance of this event,” Davenport said.

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.

Gardner was placed on administrative leave this week, mostly out of concern for his safety, after receiving several death threats from viewers reacting to the video, Davenport said.

“They were pretty direct,” Davenport said. “One talked about putting a bullet in his head.”

The 10-minute video begins as the officer passes a sign clearly showing a speed limit of 40 mph on U.S. Highway 40.

Gardner pulls over Massey’s Dodge SUV and approaches the driver’s side window. He twice asks for Massey’s driver’s license and registration. The second time, the trooper is audibly frustrated.

After a short argument, Gardner goes to his patrol vehicle and returns to the SUV with a traffic ticket. Massey refuses to sign the citation, insisting that Gardner show him the 40 mph sign.

“Well, you are going to sign this first,” Gardner said.

After refusing, Gardner asks Massey to exit the SUV, which, at 2:23 minutes into the video, he does.

The pair walk to the front of the officer’s car, where Gardner points his Taser at Massey, ordering him to place his hands behind his back.

”What the hell’s wrong with you?” Massey asks, while turning and beginning to walk back to the SUV. Gardner tells the driver to turn around, but he refuses and continues walking away with one hand in his pocket.

On Friday, Davenport said it was at that point Gardner did not know if Massey had a weapon and had to make a split-second decision whether to use the Taser.

“He did what he did based on those particular things,” Utah Department of Public Safety Commissioner Scott T. Duncan said at the press conference.

After he is shocked, Massey is seen in the video falling backward onto the pavement and can be heard screaming. He is given a second zap. Massey’s wife then comes out of the SUV screaming and is ordered back inside the vehicle by Gardner.

”Ma’am, do exactly as I say or you’re going to jail, too,” the trooper says.

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.

Massey was later taken to Uintah Basin Medical Center in Roosevelt.

Because of this incident, the UHP is reviewing its Taser and use-of-force policy.

“The trooper is being held accountable as are we,” Duncan said.

Davenport said Gardner was issued a Taser in September 2005, but never had used it until the incident involving Massey. In his 14 years with the UHP, Gardner has had complaints leveled against him, “but most were unfounded or not sustained,” Davenport said. He declined to talk about specific instances.

Massey is scheduled to stand trial over the speeding ticket Jan. 14 in Uintah County Justice Court.

He did not return several calls asking for comment about the case.

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  1. Jerry Bolduc on December 2nd, 2007

    When you see someone in a nice car with a small baby and a pregnant wife, don’t you tend to think that these are probably decent people?

    When Gardner (the cop) told Massey (the driver) to get out of the car, Gardner actually looked frightened…he moved quickly (almost ran) to his car to put his clipboard down so he could pull out his taser to protect himself. That was the part that really blew me away…how frightened this cop was! And frightened by a young family man at that.

    Then, as Massey was walking by him (totally unaware of the mental state of this cop), Gardner immediately draws his taser (a PROVEN lethal weapon)…what heroism! What bravery!

    Then, completely dumbfounded by the actions of this “screw-loose” cop, Massey starts to retreat back to his vehicle…even placing his hands in his pocket as an instinctual move to show that he means no harm to the cop…of course, the cops spin this in a way to “justify” Gardner’s next act, which was to deliver a potentially lethal dose of electricity into Massey (the family man with a young baby and pregnant wife). Massey might have a weapon in his pocket…Gardner has to make an Oh-so-quick decision…pure spin to protect their own criminally liable public employee.

    Gardner should be fired and then prosecuted for endangering the welfare of the traveling public and attempted murder! His supervisors should be investigated and any mentally unfit public employees should be fired as well!

    This case reminds me of the one in California in 1998:

    “Coroner Charges Police ‘Overkill’:
    Los Angeles Times Monday, July 26, 1999 Home Edition Section: Metro Page: B-1

    San Bernardino County official speaks out on Hawthorne case that left man
    dead. Relatives have filed suits against authorities, who said suspect was
    ‘definite threat.’;

    By: EDWARD J. BOYER TIMES STAFF WRITER
    By the time they stopped firing, Los Angeles County sheriff’s deputies,
    Hawthorne police and California Highway Patrol officers had shot Michael
    William Arnold 106 times.

    Arnold, 39, was struck seven times in the head and neck, 50 times in the
    torso and dozens of times in other parts of his body. An autopsy found that
    at least 55 of the wounds were serious enough to be fatal.

    Bullets also flew through the Hawthorne neighborhood near 118th Street and
    Prairie Avenue, across the street from York Elementary School, where Arnold
    was shot.

    One round ripped through the outer wall of an apartment building two blocks
    away and continued through a bedroom wall, coming to rest on a bunk bed
    next to a sleeping teenager. Two other children slept in the bedroom.”
    (The man who was shot 106 times was insane and had only an air (BB) pistol.)

  2. Patriot4Truth on December 2nd, 2007

    Here’s the link to the youtube video this story is about:

    http://www.youtube.com/watch?v=IMaMYL_shxc

  3. Eric on December 2nd, 2007

    Police are the lowest level of the power structure.As a result the bar is set pretty low for who is acceptable to do the job. The pool to choose from is pretty watered down like a sport that expands too quickly the bar gets lowered to fill the openings. We are being told by too many politicians we are out of control and more cops is the answer. The fact is our government is in a state of anarcy not the people. This rash of taser incidents over the last couple of years is proof of that. Administered by cops who are either too eager to exercise power over someone or are too afraid to exercise proper judgment.I do believe tasers when used with proper judgment do save lives on both sides but our so called protectors are out of control and need to be reeled in. If the government will not do this a scared public will have no choice but to do it themselves.

  4. OneTimePad on December 2nd, 2007

    Sounds We need protection from the police.
    If this kinda of stuff keeps up
    i can see a day when car manufactures will include
    360 degree bullet proofing in the car along with a taser proof vests for the whole family including the kids.

    Someone with some know how should come up with a car commercial of the future and post it to You Tube.
    Kinda like those car lot sales commercials you see on TV where they say
    (FULLY LOADED) with AC-Power windows-bucket seats-bullet proof glass and body,bla bla…..Taser proof vests for the whole family.

  5. nomoss on December 3rd, 2007

    “They were pretty direct,” Davenport said. “One talked about putting a bullet in his head.”
    And rightly so! This has to stop!!

  6. Doug Dee on December 3rd, 2007

    Taser: 399.00
    5 Friends in black with masks: Free
    Showing up at this cops house and tasering him till dawn: PRICELESS

  7. the dude on December 3rd, 2007

    Jesus he tased him over a stinkin speeding violation for crissakes. It’s not like the guy was zooming down the highway endangering himself, other drivers or his family. The use of force was totally inappropriate for the situation being dealt with. But that’s the mentality of theses cops today. I know, my dad is a cop and i’ve personally listen to these idiots pump themselves up and instigate eachother to “zap the scumbags if they don’t follow your orders”.

    All that cop had to do is show the kid the sign and show him the radar and take a little extra time to deal with the situtation on a human level. These cops think it’s cool to punk you and make you feel like a twit and if you dare attempt to impede their ego in the slightest, they will deal with you by calling all their buddies to gang up on you and everytime they inflict pain and you twitch then that’s resisting and they hurt you more and then add the icing on the cake with a nice heaping helping of 50,000 volts to your body.

    I hear people say most cops are good, blah blah blah…i’ve listened to these douchebags BS among themselves and in my opinion, most are scumbags!

  8. chris on December 3rd, 2007

    Quite a few times in my life I have been ticketed, and I believe I can recall the officer stating to me that signing the citation is not an admission of guilt; this statement is on the ticket as well. Perhaps I am wrong, but I have been told that not signing a traffic citation is grounds for arrest. If I am indeed misinformed, could someone please correct me. I am not being sarcastic.
    However, the officer involved certainly should have used his noggin. Since when has the Utah State Police disregarded the importance of public relations? I know for a fact there are many good troopers on the road, so don’t get me wrong UHP. Nonetheless, the officer clearly displayed the behavior of a typical ‘jarhead’. Behavior like this gives UHP a bad name. Since the superintendent gave Gardner a complete ‘pass’, I must assume that properly assessing the situation is no longer on the agenda. Regardless of whether he had his hand in his pocket, did Gardner ever consider the vehicle passengers? This occurrence deeply saddens me. I am very disappointed. If fear is on UHP’s agenda, they certainly got my attention. Thanks a lot UHP:(
    By the way, you idiots who are responsible for the death threats should get your heads examined!

  9. George on December 3rd, 2007

    Only crack the window approximately 1/16 of an inch, no more.
    Never get out of the car. Call the police and say you believe this person to be an impersonator.

    And why don’t cops ever ‘pull over’ people properly. To have an involutary stop, the police need to be in front of you, not behind you.

  10. john popma on December 3rd, 2007

    The officer lied on the video when he said he told massey that he was going to taser him. Watch the video. I think this officer should be tried for assault with a deadly weapon. Its time we started doing something about rogue officers out of control.

  11. OneTimePad on December 3rd, 2007

    Get bullet proof glass installed cause if you don’t roll down your windows they bust them 90% of the time with objects like battons or their flashlights.
    It might accually be handy to have a hidden camera mounted on your windshield visor and a recorder in the trunk so you have some sort of proof that the police assaulted YOU when you go to court.

    I they can have dash cams so can you.

  12. gary on December 3rd, 2007

    It was pretty obvious to me that the cop was way out of line. To use a Taser on someone for asking what the speed limit was is unacceptable.
    The U.H.P. should be ashamed! Welcome to a world where police can use elecric shock torture on the citizens for asking question they don’t like.
    The people of Utah need to stand up and make this cop accountable for what he did.

  13. Rebel Rider Review on December 3rd, 2007

    Unfortunately, this officer is a member of a brotherhood of like-minded individuals, and these people have a strict agenda to follow. Internal Affairs, who does the investigation of these incidents, are also members of that same brotherhood. So, needless to say, their investigation will be biased in their results.

    If I saw the video right, this officer also tasered the motorist in the back.

    Also, the one question posed was why do officers stand behind instead of in front. That reason is because of their safety, and another reason is that the driver would have turn around if there was to be a confrontation to be had. These are cowardly moves, in my opinion. On top of that, if the officer felt he could not handle the situation without a confrontation, he should have had backup called, before he even got out of his cruiser. Which he did not. The other officer showed up long after the confrontation.

    The tasering of anybody, by an officer, is unnecessary, unless there is a physical confrontation, And I saw no physical confrontation at any time. This is nothing more than an issue of control of the masses, and using force at their own convenience.

    This officer should have to be brought before a Grand Jury investigation for direct violation of Citizens Rights and prosecuted under color of US Constitutional Law, in my opinion.

  14. ohyeahpostmyname on December 4th, 2007

    the post saying the goverment is in anarchy, not the people is interesting.
    my friends, we are in a hell of a lot of trouble.
    its like watching a train wreck. i can assure you,
    without qualification 911 was done by others, not
    the poor arabic patsies. a. jones says they want to
    double the police force in next two years. i have my passport.

  15. Mike Warden on December 4th, 2007

    And you all thought Randy Weaver was crazy.

  16. Timbo on December 4th, 2007

    Gapping the window won’t work–the police will just bust the window.
    You need bullet proof glass.

  17. Pei on December 5th, 2007

    Yes. This is a bit crazy. I think we need to start carrying tasers ourselves to even the odds a little bit ;) Or at least get a 600,000 volt stun gun like I have. These cops need to be held accountable for what they do to citizens not posing a threat of any kind. Especially when someone is handcuffed and then tasered is just gross mis-conduct and all officers who tase someone who is not posing a threat NEED to be brought up on charges for assault with a deadly weapon and found guilty when the video shows the truth. These cops they are hiring now days just don’t even give it a second thought. First thing they reach for is the taser and ask questions later. No matter whether you are disabled by being blind, deaf, paralyzed, or just elderly. It’s tase first and sort it out later, usually once they’ve pulled that trigger 10 more times, holding it down or 15-30 seconds at a time, and have killed the citizen. We need to be able to resist unlawful arrests and tasering, even if that means good citizens having their own tasers or stun guns to use against the police if need be. “Well, the officer was posing a threat to me.” The taser/bullet-proof vests are a good idea too, but it’s a sad thing when we have to wear those just to go pick up a gallon of milk at the super-market, but is realistic because it could end up saving your life from a trigger-taser happy cop pumped up on steroids. It just makes me sad that this is the kind of police state we live in and thinking of the kinds of things we may have to do to protect ourselves from they’re tyranny, because the police motto is no longer “To protect and serve.” It should be “To tase and laugh maniacally with our other fellow steroid-using cops.” Tasing someone is just easier for cops to get away with because they have stricter protocols for using an actual fire-arm on someone. The cop isn’t likely to get in any trouble for using the taser because they can always say they were “afraid they were going for a weapon” or some excuse like that, but didn’t actually fire their fire-arm off at them, but only their taser, which is supposed to be a “non-lethal” deterrent. And if someone dies because of a taser shock and has heart failure or something, well then that’s just an accident and not the officers fault either I guess. The system is so messed up these days.