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Use of Taser 'reasonable'
Jason Bergreen
The Salt Lake
Tribune
Saturday December 1, 2007
Flashback:
Man Tased For Asking Officer Why He Was Stopped
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.
(Article continues below)
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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