Trooper Caught On Tape Tasering Motorist

[triad]

Trooper Caught On Tape Tasering Motorist, Officials Speed Investigation Into Trooper's Behavior After Clip Appeared On YouTube - CBS News

(CBS/AP) Authorities are expediting an investigation of a state trooper who zapped a motorist with a Taser after video of the incident was posted on YouTube, the Utah Highway Patrol said Wednesday. "It definitely put a little bit of conflict out there. We definitely have received a lot of feedback on it, calls and e-mail," said Trooper Cameron Roden, a spokesman for the highway patrol. The video, taken from Trooper John Gardner's patrol car, shows him using his Taser after Jared Massey refused to sign a speeding ticket Sept. 14 and walked away from the officer on U.S. 40 in eastern Utah. Massey shrieked and fell after he was hit and then asked Gardner, "Officer, I really don't know what you're doing." "Face down! Face down! Put your hands behind your back," Gardner said. When a woman emerged from Massey's vehicle, 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." In an interview with CBS Early Show Co-Anchor Harry Smith, Massey described the sensation of being zapped by the instrument. "Fear, panic - it's the scariest moment of my life," he said. "I get tasered, and I hit the ground, and I really, to be honest with you, thought that my life was ending. It's the most horrific thing that's ever happened to me." Utah Highway Patrol Spokesman Sergeant Jeff Nigbur told Smith that he could not comment on whether the trooper's conduct in the video was standard operating procedure. "We have an internal review process happening right now," he said. "We are going to look into whether the officer's actions were appropriate or not." Tasers use compressed nitrogen to fire two barbed darts that can penetrate clothing to deliver a 50,000-volt shock to immobilize people. "I can't speculate on what was happening in the trooper's mind," Roden said. "We have an internal investigation going on. ... With it coming out on YouTube, we have expedited the investigation." The 10-minute video landed on YouTube after it was released to Massey under a public-records request. Signing a speeding ticket is not an admission of guilt, Roden said. He described it as a promise that a motorist "will take care of the citation." Under UHP policy, a Taser can be used if someone is a threat to themselves or others and other means of control are unreasonable, the spokesman said. Massey has filed a complaint with UHP, said Roden, who didn't know the status of the speeding ticket.

YouTube Footage of Incident:YouTube - Utah Highway Patrol camera, shows John Gardner being taser



So this may be old news to some of you, but with all these taser "incidents", where does this leave us? Are cops constantly abusing their power, or are citizens constantly breaking the laws?

This one really hits me hard because the driver had a pregnant wife, a child in the backseat, and was, in my opinion, no threat to anyone.


The use of the taser in this case, to my understanding, violates Jared Massey's rights.


If "Under UHP policy, a Taser can be used if someone is a threat to themselves or others and other means of control are unreasonable, the spokesman said. " The officer had other, more reasonable means of control, and again Massey was not a threat to anyone in his actions.


The way the officer handled the situation, and the way he treated the man and his wife, are called "into question." The cop should be fired and sued by the Masseys.

What do you think about this - yet another - questionable taser incident?

[Chaossaber314]

Clearly the tasing was excessive. Though I'm wondering what you have to support your assertion that taser abuse is commonplace now.

Though I did note that while this is an example of abuse, it's also an example of how most people are physically fine after being tased. He might not be happy, but even when a taser is abused, like in this case, the subject is a whole lot better off than had they had the crap beaten out of them like in the old days.

[tivodan1116]

Quote by: triad The way the officer handled the situation, and the way he treated the man and his wife, are called "into question." The cop should be fired and sued by the Masseys.

Not to mention face criminal prosecution for assault.

Apparently police need some better training on taser use.

I think with the escalation of use of tasers, a change in the way they are admitted for use is in order. Currently, an officer that is to be issued a taser has to be themselves tasered once before they start using it. I think from now on, anytime an officer uses a taser, when the situation is over they should have to be tasered themselves. This will make them think twice before using it out of laziness as this officer did.

[Chaossaber314]

Did you really just suggest that?

You don't propose "jumping them in" each time they use their asp do you?

[triad]

Notice how the cop was blocking the speed limit sign prior to the "speeder" passing it.

Also notice how the cop turned his back after he told Massey to get out of the vehicle. This shows he felt no threat by the man.

The cop escalated the situation, which was a minor traffic stop, and brought it to that point.



Tivo, I don't agree with you suggestion... not all cops are "tards". Just the few that think since they are police officers... they can abuse the rights of other civilians.

[tivodan1116]

Quote by: triad Tivo, I don't agree with you suggestion... not all cops are "tards". Just the few that think since they are police officers... they can abuse the rights of other civilians.

Well maybe so, but I'm just saying that extreme measures need to be used to prevent abuse of power. Maybe when a few police are actually fired and/or personally sued and prosecuted for their abuses I will be able to back off of my position.

[Keith Hamburger]

Quote by: tivodan1116 Well maybe so, but I'm just saying that extreme measures need to be used to prevent abuse of power. Maybe when a few police are actually fired and/or personally sued and prosecuted for their abuses I will be able to back off of my position.

They won't get sued. They'll claim soveriegn immunity for abusing the true sovereigns in this country, and get away with it, as they virtually always do.

It has been claimed that tasers "save lives". However, that can only hold true if tasers are ONLY used in situations where a firearm, or other such "lethal" weapons would otherwise be used. In this situation, like many others, the taser is used to assert control and force a subject to submit. I doubt that a firearm would have been drawn in such a situation, so the threat to the motorists life was increased by the use of the taser, not decreased.

Keith

[ruksak]

Now that, THAT is excessive force and unwarranted to an extreme.

Quote by: Keith They won't get sued. They'll claim soveriegn immunity for abusing the true sovereigns in this country, and get away with it, as they virtually always do

Not true Keith. Cops get fired for that sh*t all the time. This was in no way a justified application of the taser. Police have to undergo an extensive battery of psychological testing before they even get into the academy. The purpose of the test is to make sure the prospective officer is a type-A personality.

The spot where this cop will get nailed is the fact that he draws his taser in anger at this mans refusal to sign a ticket. Refusal to sign a ticket is not an arrestable offense.

The continuum of force only allows a taser to be utilized during a situation wherein a suspect is being arrested.

Frankly, I hope this as*hole goes to jail for assault. And may well get just that.

The second jolt was the icing on the cake.

[Keith Hamburger]

Quote by: ruksak Now that, THAT is excessive force and unwarranted to an extreme. Not true Keith. Cops get fired for that sh*t all the time. This was in no way a justified application of the taser. Police have to undergo an extensive battery of psychological testing before they even get into the academy. The purpose of the test is to make sure the prospective officer is a type-A personality. The spot where this cop will get nailed is the fact that he draws his taser in anger at this mans refusal to sign a ticket. Refusal to sign a ticket is not an arrestable offense. The continuum of force only allows a taser to be utilized during a situation wherein a suspect is being arrested. Frankly, I hope this as*hole goes to jail for assault. And may well get just that. The second jolt was the icing on the cake.

The officer stated that he was taking the driver to jail and threatened his wife with the same if she didn't get back in the car. That means that the driver was being arrested.

However, there would be no justification to fire a gun in this situation, as the officer was never threatened. Since the officer wasn't threated, I see no justification for the use of the taser, either.

However, this simply proves that ALL laws are ultimately enforced at gunpoint. This officer obviously escalated things much quicker than was necessary, but, if you resist going to jail for any reason, speeding, jaywalking, whatever, the use of force can be escalated to whatever level is deemed necessary by the officer.

Keith

[triad]

Regardless.. the officer never stated that Massey was under arrest. Then he never stated that he was going to taser Massey if he didn't comply (which at the end of the video the cop lies about that to the other cop, twists the story completely).


I think in Utah people can get arrested for not signing a citation... I think. Can someone confirm this for me? I looked it up but I can't seem to find a definite answer.

Also, the cop pulled the man over in an unlawful manor.. blocked the speed limit sign, and even if he didn't block it he pulled Massey over BEFORE he even passed the posted speed limit.

What the f*ck? Many people say Massey acted foolishly, I disagree. I would have acted the same way... well, I MIGHT have signed the ticket and fought it in court.. depends what mood I would have been in.

[Jack]

I think in Utah people can get arrested for not signing a citation... I think.

I'm not sure about Utah, either, but in California you can. Signing the citation is promising to appear in court, it's not an admission of guilt. If you refuse to promise in writing to appear, you're likely to get taken into custody and held until your court date.

I don't perceive the cops actions in the video as warranted.

[ruksak]

Quote by: Isherwood I'm not sure about Utah, either, but in California you can. Signing the citation is promising to appear in court, it's not an admission of guilt. If you refuse to promise in writing to appear, you're likely to get taken into custody and held until your court date. I don't perceive the cops actions in the video as warranted.

Yep. I just checked it out on several legal forums. It is illegal to refuse to sign a ticket. Didn't know that. Regardless, this was assault in my view.

My biggest issue was the sudden escalation by the officer when he pulled his taser. Proof that the taser is becoming the first option in addressing even the slightest problems.

[Jack]

It is illegal to refuse to sign a ticket.

It's not actually illegal to refuse. Refusing isn't a separate violation. Violating a traffic law is a criminal offense. A citation is a promise to appear in court to either plead to or contest the charges. In other words, you're technically under arrest at the moment the officer feels he has sufficient cause to issue the citation. By signing the ticket, you're promising to appear, or bonding yourself out of custody with your word. When you refuse to offer bond, the only alternative is to hold you in custody until the trial date. It's really no different than being jailed then being released on a $10,000 bond. If you fail to appear, the bond is forfeit. In the case of a citation, you're forfeiting your bond up front by refusing to sign.

I don't have any friends who are still on any departments around here, so I can only go by what I see like any other private citizen. It appears to me that too many cops are increasingly paranoid and too quick to resort to deadly force, or excessive force, when they feel challenged. Feeling threatened is one thing, but just having your authority challenged is no cause to use excessive force. We had a riot once in Imperial Beach. It started when my partner Ski, with whom I was supposed to be riding that day (I got pulled into dispatch because our regular dispatcher was ill) got jumped in a parking lot. His collar bone and nose were broken but he managed to arrest his attacker. It turned into a three day riot involving our department, the Sheriffs and the Highway Patrol. There was street fighting, cars were burned and entire neighborhoods were cordoned off. During the entire event not one shot was fired by either side. No one was killed or even severely injured. The worst complaints afterward were about the unnecessary use of mace.

I think that these days there would have been bodies in the streets.

[tivodan1116]

Quote by: ruksak Proof that the taser is becoming the first option in addressing even the slightest problems.

ding ding ding ding ding ding ding!! And there, precisely is the problem. The taser is supposed to be the last step before using a gun. Instead, police are using it as a convenience, for when they don't feel like doing their job.

Quote by: triad What the f*ck? Many people say Massey acted foolishly, I disagree. I would have acted the same way... well, I MIGHT have signed the ticket and fought it in court.. depends what mood I would have been in.

The key to beating a traffic ticket is to realize that you are only one of several tickets the officer writes in a day, and to be as forgettable as possible during the stop so that the officer will have a poor memory of you when it comes time for trial.

I would have signed the ticket and then completely embarrassed the officer in court in front of his little buddies.

[ruksak]

Full 10 minute video here. Some very interesting key points come out in the full version, including the officer caught lying through his teeth to his Sergeant about the details of the incident.

YouTube - Utah Highway Patrol camera, shows John Gardner being taser

1) Notice the officer is just pulling over to clock speeders at the 40MPH sign, encounters Massey imeadiatly and has no way of knowing his speed. I'm not sure how he could even approximate it.

2) The wife/girlfriend was spot-on when she finally talks to the officer. As soon she starts speaking she says "The first thing you did is whip out your taser". Which is key. Why the hell did this guy pull out his taser when the guy was showing the officer the 40MPH sign. He pulls his taser cross-draw with no provocation.

Granted, the guy sorta walked backward away from him. However the officer never used the word "taser" and the guy likely thought he pulled his gun out. That sh*t would spook anybody. Excuse the pun but the guy seemed genuinely "shocked" that this pig puts cross hairs on him without any provocation.

3) The officer never takes the time to explain to the guy that if he doesn't sign it, he is going to be arrested. This would seem to be an important missed step. My brother is a cop. I've been driving for 20 years.I've been to police-citizen training courses and I didn't even know this was an offense that warranted arrest. Maybe the guy didn't realize he HAD to sign it. Explaining this probably would have circumvented this whole scene.

4) The victim explained to the pig many many times the fact that he was not read his Miranda rights. Maybe Isherwood can clarify this for me. But isn't that protocol when placing someone under arrest? At least at some point reasonably near or around the point in time when arresting someone?

5) The pigs Field Supervisor shows up and the pig gives an embellished version of events. Claiming that the guy started to walk away and THEN he pulls his taser and tells him he is going to taser him. He never said "tase", "taser" or "tasing". Not once. He lied to justify his reasoning. The first step when arresting a non-combatant is to pull out your handcuffs, not your "less-than-lethal" 50,000 volt taser that grossly resembles an actual firearm. He doesn't pull out his handcuffs until well after he electrocuted this man.

This video clears up more;

YouTube - Utah state cop who was video of Tasering Jared Massey

Apparently the man had his pregnant wife and a BABY with him at the time. Even more reason for the pig to remain calm and talk this situation out.

Jared Massey, the victim of the assault, says in a brief interview on this video "I thought it was a gun he was holding". No wonder he took a few steps back. Considering when this gun/taser was pulled he was using hand signals to show what he was talking about, speaking calmly and moving slowly. And BAM! The cop pulls what the victim thought was a firearm. Scarring the piss outta him.

Also, the reporter explains in this video that the answer to whether or not someone could be arrested for refusing to sign is "Technically, NO". Another citation is to be issued and then refusal to sign the tickets are cause for arrest.

Notice that I refer to the officer as "pig" and the suspect as "victim". I would think this young piggy is due for some serious disciplinary action at the very least. I would only be satisfied if he were arrested for assault, but that ain't gonna happen. If police continue to use the taser in this irresponsible manner, even I will ardently support the tasers removal from service.

You DO NOT pull out a taser before even your handcuffs when arresting a calm non-combative suspect for an extremely minor offense.

[triad]

Well put, ruksak. There better be some form of repercussions for the "pigs" actions, otherwise there is something very horribly wrong with the police in utah.

[Osborn F Enready]

IT isn't just the police in Utah. Its the policy being pushed to every single police force and sheriffs office in every state, as federal funds for their support increases.

The federal government is asking to much of police, and feel they have the right to because of the acceptance of all these federal funds to re-arm, re-equip and build up police forces around the country to meet new, "anti-terror" response requirements.

This is the birth of the police state, and right now the people with integrity are being weeded out of the forces where corruption rules the system, and vice versa.

This is the exact same thing happening in government, to our representatives, at all levels of government. They either accept the corporate corruption, the agenda, or they get forced to the curb and jobless or "re-assigned".

I pity the poor fool who tries to taser me for reserving and acting on my rights.

[Chaossaber314]

I pretty much agree with the rest of your post but these parts are wrong.

Quote by: Ruksak 1) Notice the officer is just pulling over to clock speeders at the 40MPH sign, encounters Massey imeadiatly and has no way of knowing his speed. I'm not sure how he could even approximate it.

They can run radar while moving. Now if he was driving one handed and holding the relatively heavy laser in the other hand steady enough to accurately read this guy, he's either really really talented, or he didn't do it.

4) The victim explained to the pig many many times the fact that he was not read his Miranda rights. Maybe Isherwood can clarify this for me. But isn't that protocol when placing someone under arrest? At least at some point reasonably near or around the point in time when arresting someone?

Nah, you only have to read miranda if they're about to be interrogated.

Jared Massey, the victim of the assault, says in a brief interview on this video "I thought it was a gun he was holding". No wonder he took a few steps back.

I disagree. If I think a cop has pulled a gun on me I'm going to stop moving right there. Sure the taser was excessive but this guy just sounds like an idiot. I can understand him being scared but given the situation, if a cop pulls out their weapon and gives you an order, you follow that f*cking order. If someone robs a 7-11 and demands you put the money in the bag. You put the f*cking money in the bag. If you are really scared of someone, you comply with them. You don't disregard their orders. That only antagonizes them. And you really don't antagonize someone you think is holding a gun if your pregnant wife and baby are just a few feet away.

Like I said before, the cop is in the wrong, but this guy is an idiot.

[Chaossaber314]

Quote by: Osborn F Enready IT isn't just the police in Utah. Its the policy being pushed to every single police force and sheriffs office in every state, as federal funds for their support increases. The federal government is asking to much of police, and feel they have the right to because of the acceptance of all these federal funds to re-arm, re-equip and build up police forces around the country to meet new, "anti-terror" response requirements.

And yet, these have nothing to do with federal laws. Whether or not I sign a ticket has nothing to do with federal law enforcement. Federal agencies will not investigate this, arrest me, nor will Federal Courts hear a case regarding such. This is in the jurisdiction of local cities and states very much without being pressured by your omnipresent police state.

This is the birth of the police state, and right now the people with integrity are being weeded out of the forces where corruption rules the system, and vice versa.

Absolutely unfounded nonsense.

I pity the poor fool who tries to taser me for reserving and acting on my rights.

Spare us the machismo hyperbole.

[Osborn F Enready]

Chaos said: And yet, these have nothing to do with federal laws. Whether or not I sign a ticket has nothing to do with federal law enforcement. Federal agencies will not investigate this, arrest me, nor will Federal Courts hear a case regarding such. This is in the jurisdiction of local cities and states very much without being pressured by your omnipresent police state.

Where did the authority for tasers come from? What need were they developed to fill? Where did they end up, and why?

Because the federal system wants more control over people, and a lower bar to use force against citizens, to maintain control.

Why is the federal government training local police forces in Spec Ops tactics and reactionary teams?

Does this color the local policemans "view" of force being used against citizens?

Lots of relevant context to be addressed with tasers, their role, and how they got where they are.

Chaos said: Absolutely unfounded nonsense.

BS. It is no less founded than our own Declaration of Independence.

What in that declaration, or worse, isn't happening today?

When "just doing your job" entails upholding and defending the greatest thieves, criminals and turncoats using force, it may be time to question that choice of jobs, unless you support and wish to take part in authoritarianism.

Chaos said: Spare us the machismo hyperbole.

Spare me the unfounded mentality which you put forth, which is that they are "acting in our best intrests" at all times, in all deeds.