Speeder Tasered by trooper on YouTube video gets $40,000 from state

The Salt Lake Tribune ^ | March 11, 2008 | Jason Bergreen

[Sue Perkick]

There’s another group of people who use those same tactics.

Just sayin’

[navymom1]

I stick by what I wrote and do not for a minute change anything nor apologize. Flame away, but actually I’d appreciate it if you just ignored me. Thanks.

[DelphiUser]

Well, well, well......

I guess that the state of Utah and the COP WAS WRONG AFTER ALL.

That’s for all you jerks who defended the cop on that one.

Actually, $40,000 would barely cover the attorney's fees, and would save the State money rather than fight this. Only 40K, means the perp didn't think he could win more, or saw the legal bill he was looking at now.

That said, in my book, tazing someone for being a jerk = Abuse of power.

[mvpel]

His act was outrageous. The speeder wasn’t threatening the cop, merely refusing to sign a stupid ticket. I don’t have to SIGN anything, I don’t HAVE to put my signature on ANY piece of paper I don’t want to. No one can FORCE you to sign something - that is called DURESS and putting a law on the books to MAKE you sign something is nothing more than the government yet again, forcing it’s will on individuals.

As I understand the technicalities, the signature is a promise to appear to answer the ticket. If you don't sign, then you're refusing to agree to appear, so the recourse the officer has is to take you into immediate custody and bring you before a judge or magistrate to answer the ticket.

Your signature on the ticket is like posting bail. I wish more drivers understood this, so stupid confrontations over signing the ticket would be unnecessary.

[monday]

“The fact of a settlement does not constitute an admission of guilt in any way.”

This does...

“The Department of Public Safety investigated the situation and cleared Gardner of any wrongdoing in handling an uncooperative motorist. He was, however, required to take a verbal communications course before returning to duty.”

Police officers can get away with stuff ordinary citizens would be imprisoned for. The fact he was required to take a course before going back to work means that someone recognized that he was a danger to the public. Hopefully the course taught him something.

[commonguymd]

You are not legally bound to sign the ticket by law. It is the officer’s discretion in Utah. The episode was nonsense. Both exhibited bad behavior, but moreso the officer that wouldn’t listen and then got out of hand being a tough guy with his toy and then bragging about it.

[indcons]

"I’m with the cop, fully on his side. " Of course /sarc. Are you of the kind that thinks a cop can do no wrong - even if the cop and the concerned state agencies have admitted culpability?

[wideawake]

This does...

I quote from your own excerpt:

"The Department of Public Safety investigated the situation and cleared Gardner of any wrongdoing"

[Rick.Donaldson]

Yeah, we went through this in another thread. The cop MAY take you into custody. In that state. In my state, they can pound sand. If I don’t go to court, I get a bench warrant. So, it’s a moot point signing anything.

In any case, FORCING someone to sign some, by law is unconstitutional. That’s making a law to take away rights. Someone ought to be seeing about doing a little court case about this problem, but it’s in another state. Let them deal with it.

The cop was STILL WRONG in tasering the guy. If I got stopped for speeding or whatever, I’d sign the ticket - because I don’t have an issue with it, but I think it is wrong to make a LAW to force someone to sign ANYTHING.

[Orange1998]

Once the ticket is written technically he is under arrest unless he post bail ie: signature bond. correct?

[woollyone]

kinda like...

The beatings will continue until morale improves.

[monday]

"but he should never, never, never have gotten out of his car and followed the cop to his patrol car in a heated rage."

He had no choice. According to the article, Gardner ORDERED Massey out of his car.

"Massey refused to sign a speeding ticket and argued with Gardner, who ordered Massey out of the car."

[Michael.SF.]

The driver got out of his vehicle and followed the cop to his patrol car. Big no, no.

The cop told him to exit the vehicle.

But, I am still on the cops side on this one. The guy was a jerk, argumentative, refused to follow instructions, etc. etc.

Great example to his kids as well.

[Orange1998]

The cop also told him to put his hands behind his back. The officer pulled a weapon too early in the confrontation. That is why he was sent back for communication training.

[Michael.SF.]

even if the cop and the concerned state agencies have admitted culpability?

Where does it say they admitted culpability?

This is what they said:

“We recognize, however, that this is a close case,”

The decision to settle was the “best compromise to protect taxpayer resources.”

“This settlement was the most efficient resolution of what would be lengthy and expensive litigation of a strongly disputed claim,”

$40,000 was cheaper then fighting it, pure and simple.

[woollyone]

Hhahahahaha...LMAO

Do a quick google search of Utah Department of Public Safety...
http://www.google.com/search?hl=en&q=utah+Department+of+Public+Safety

Search returns...
“Supports law enforcement and fire officials...”

How did you think they were gonna rule?
They support LEOs!

In other news the fox was asked to investigate the case of the missing chikens...
By your standards we should simply take the fox's word for it because after all, he's the expert.

[Orange1998]

http://www.youtube.com/watch?v=Ok5W-ZGjDxo

[woollyone]

winner!

[Orange1998]

$40,000 was cheaper then fighting it, pure and simple.

Your Right! cause it would have been much higher if it gone to trial.

[Centurion2000]

It was the “Hurts, doesn’t it” and the second taze that got him the money.

What? The cop thought he was Kurt Russel playing Wyatt Earp?