Posted on 03/11/2008 8:05:26 AM PDT by abb
A Vernal man shocked twice with a Taser during a traffic stop last year has accepted a $40,000 settlement in a lawsuit filed against the state and a Utah Highway Patrol trooper. The Utah Attorney General's Office announced the settlement between Jared Massey and UHP trooper Jon Gardner on Monday. "We think this is a legally defensible case because Trooper Gardner acted reasonably to avert a volatile and potentially dangerous confrontation on the side of a busy highway," said Assistant Attorney General Scott Cheney, who represented Gardner. "We recognize, however, that this is a close case." The settlement comes on the heels of a decision by Tooele County prosecutors earlier this month that determined Gardner's actions were not criminal. An internal UHP investigation also cleared the trooper. Video of the trooper zapping Massey, taken by the trooper's dashboard camera, came to prominence after Massey posted it on the Internet site YouTube. Since it was posted last year, it has been viewed more than 1.7 million times. Massey's attorney, Bob Sykes, said Monday the offer to settle the case was not the state's first and that his client decided to take it. Massey filed a lawsuit against Gardner in January alleging the trooper violated his civil rights when he zapped him during a traffic stop Sept. 14, 2007, on Highway 40 in Uintah County. Advertisement Click Here!
He was stopped for driving 61 mph in a 40 mph zone. During the stop, Massey argued with Gardner about his speed and then refused to sign the citation. Massey then got out of his car and followed Gardner to his police car where he was asked to place his hands behind his back. When Massey refused, Gardner shocked him. The suit said Massey fell screaming in pain after being shocked while Gardner taunted him by saying, "Hurts, doesn't it?" Massey struck his head against the pavement and was zapped a second time because he was unable to immediately obey an order to turn over on his stomach, according to the suit. "We thought the amount of force used was outrageous," Sykes said Monday. The settlement amount includes attorneys' fees. The Attorney General's Office says Massey has agreed to dismiss his lawsuit, all claims against Gardner and all potential claims against UHP, the Utah Department of Public Safety and the state. jbergreen@sltrib.com
Craig actually pled guilty in open court.
Yeah Right. 75% of Taser use is from a lazy LEO who rather inflict pain than do his job. The other 25% of tasering is used for its intended purpose.
Actually, if they thought it was a legally defensible case, they wouldn't have settled.
Yeah - but to a lesser charge than the police state originally accused him of. They still maintain their accusations of Craig within the media.
Thats not true at all. They dont use it to delight in inflicting pain.
Which immediately begged the questions...
So why was she tazered if she didn't use force?
A- “she argued with the cop”
So...what was she being arrested for that caused her to “
resist arrest without violence”?
A- “There were no other charges”
So...um...if she wasn't in the process of being arrested for a crime...um...why should she resist an event that wasn't happening in the first place?
A- “That's what we were wondering too”
So she was tazered for disagreement...without violence...and arrested for resisting arrest...an arrest that wasn't happening.
I had to clarify that with him and I still don't get it...
Arrested for resisting arrest...doesn't there have to be an original crime for which she was being charged and arrested? According to THAT scenario...anyone can be arrested for resisting arrest at any time with no cause...not original crime..
My head is gonna explode.
This was nothing but a speed trap set up for revenue enhancement, with a sudden drop from 65 to 40 with no previous warning. If the authorities put police officers into situations that cause public anger, it is the fault of those who permit unjust laws. Police officers should ask themselves if it is worth their while to enforce unjust and unpopular laws.
good. glad he got something. Being taser happy is not acceptable. I understand that most cops are tax collectors, but he should have used better judgement in collecting those taxes in this case.
GEEEEE, do you think that might be because he was ORDERED out of his car by the COP????? And told to walk towards the police car???? What was the guy thinking, following the orders of the cop, I guess in your world that is a big NO NO. I suggest you re-watch the video again, but this time turn up the volume and open your eyes while watching.
Let's see: $40K to make the case go away, or $120K to be vindicated.
Indoctrinating the public for the next step.
_______________________________________________________
The speeder was not under arrest or threatened with arrest prior to the tazing. The speeder was not being violent or threatening in any way. Since he was not under arrest he had the right to leave the scene any time. He had a ticket that is all, it isn't a broken law it is a violation of a regulation. Speeding 21 mph over the limit will not put you in jail it Will simply get you a fine, you don't punish with potential lethal force and painful at that for a regulation violation.
The cop could have warned the speeder that if he didn't get back in his car he would be under arrest but didn't do that. The cop was mad because the guy wouldn't sign the ticket, he even told the speeder that that was why he was tazed and the cop also told the wife the same thing, that is what cost him the $40,000.00. I hope the cop either gets fired or gets some intensive sensitivity training.
Cops are people, not special people. They serve the public, the speeder is part of the public and the public should be treated with respect and dignity.
When the copy couldn't get the signature he should have let it go instead of getting the guy out of the car.
The cop was an a—hole. I have a son that is a cop and he would be the first to agree with me.
The best thing to do when pulled over by a police officer for a traffic violation is to shut up and hand over the license, proof of insurance, and registration. The lawman has a gun, handcuffs, and an effective license to be as mean as he cares to be. It is foolish to provoke them by saying anything. It may be unfair and unjust, but unless you want physical pain, humiliation, and high court and lawyer costs, compliance is the best advice.
On a more serious note...
I’m getting sick and tired of cop shows.
Too much of prime time viewing is all about glorifying cops. You can hardly get away from it any more. Well...there is the on/off button.
Makes me wonder what the agenda is.
I don’t get it.
What was the cop to do, wait till he was knifed, hit, shot, spit upon before defending himself?
So he merely defended himself in advance?
ROFL.
lol... the officer wasn't being attacked. He tased Massey for not putting his hands behind his back. I nominate yours as most ridiculous post on the thread.
Yes, there is that. I’m just saying that actions speak louder than words.
I think every good cop would agree with that. It’s the horses behinds like this guy who mess it up for the rest of them. It’s reaching a point where the public is hesitant to trust cops at all anymore.
My point being the LEO went straight for the taser when he could have used other means of restraint. By no means was this cop in fear for his life. He was lazy to do his job as he was trained. In fact, he was reprimanded and sent for re-training. The question begs....what did the police do before the invention of the taser. This cop has some satisfaction with the pain aspect when he made the snide remark “Hurts, doesn’t it”.
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