Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Speeder Tasered by trooper on YouTube video gets $40,000 from state
The Salt Lake Tribune ^ | March 11, 2008 | Jason Bergreen

Posted on 03/11/2008 8:05:26 AM PDT by abb

click here to read article


Navigation: use the links below to view more comments.
first previous 1-20 ... 221-240241-260261-280281-298 last
To: abb

Speeders cause an enormous amount of death and destruction on the nation’s highways. This stupid decision inspires them to speed even more.


281 posted on 03/18/2008 12:20:47 PM PDT by eleni121 (Solzhenitsyn on the bombing of Serbia: "no difference whatsoever between NATO and the Nazis")
[ Post Reply | Private Reply | To 1 | View Replies]

To: Rick.Donaldson
My thoughts, not in any particular order...

I watched the video, and it appears that the cop was blocking the sign with his car. There may have been another sign before, but that isn't shown in the video. I find that highly suspicious...there's a lot of road there; if the LEO happened to pull over there, it's an amazing coincidence.

I suppose it all comes down to what you think is reasonable or not, where you draw the lines, what standard of proof or judgment is required, and who's required to meet it. In the case of law enforcement, all burdens rightly fall on them.

I think it's at least plausible that the LEO was parked in front of the sign that told him to slow down.

I'm a little bit different than others on this thread because when I see a rude contest between a citizen and an LEO, I have expectations of the LEO...I don't have expectations of the citizen.

The LEO has been given a gun, and a monopoly on the use of force; the citizen hasn't. When asked why he was tased, the LEO responded, "Because you were under arrest. You weren't following my instructions."

He wasn't told he was being arrested until after he was handcuffed and tasered.

I have higher expectations of Law Enforcement than that...and I believe I have rights upon which I can rely, not subject to the agreement of every cop with an attitude. He doesn't meet my expectations of professionalism, and if it were up to me, that would change...either because he was retrained or fired.

What bothers me even more than the responses by the authorities is the responses of the posters.

The LEO doesn't have my support in this case. Nor do the various apologists for what I consider to be unprofessional and outrageous behavior.

I believe a lot of folks on this thread think they are doing the right thing by presumptive support for LEOs. I would suggest to them that they are not doing favors to anyone. Virtually every PD staff is represented by a union which is very aggressive in defending them; there's virtually no civilian or outside supervision or accountability. The folks who investigate are generally part of the system.

Combine that with a job that's challenging at best, and human nature...and you're creating a situation ripe for abuse. Many of us are self-controlled, but many are not; they stop what they're doing when someone or something forces them to. There's effectively nothing here to restrain the bad apples. That's not right for anyone involved; it's not fair for anyone involved. It's corrosive and corrupting.

As for the settlement...I think everyone has to judge that for themselves. I can tell you that no one gives away free money. There's at least some smoke there.

Sometimes defendants will settle because it costs less. In my experience and judgment, government bodies are less inclined to do so. It's politically embarassing, and it creates a nuisance factor...you've provided an incentive for others to file lawsuits.

IMO, they believed they had some exposure there...as they said, when they admitted it was "a close call."

And again...I take what the Attorney General's office says with a grain of salt. They're the attorneys for the state, in this case the LEO and his dept. They're lawyering, which means acting as advocates for their clients. I do not expect objectivity of them.

282 posted on 03/18/2008 12:35:47 PM PDT by gogeo (Democrats want to support the troops by accusing them of war crimes.)
[ Post Reply | Private Reply | To 271 | View Replies]

To: UCANSEE2
Tell that to the judge...

Sure...but that wasn't the poster's point, right?

283 posted on 03/18/2008 12:38:10 PM PDT by gogeo (Democrats want to support the troops by accusing them of war crimes.)
[ Post Reply | Private Reply | To 280 | View Replies]

To: UCANSEE2

Very well.

I certainly do not agree with your opinion either on the subject. But, as you said, we both have a right to our opinions, right or wrong.

I’ll say that I’m a very STRONG supporter of Law Enforcement. I work “in the field” we’ll say, on a higher level than “a cop” does on a daily basis, and I’m well aware that there are same stellar police officers out there. In fact, the vast majority of them are “stellar”.

There are a few, very few, that are simply not suited for the job they are in. They are power mongers, and as I’ve stated in other threads, there are many jaded police officers.

I worked in a prison for a time... and I dealt daily with eradicate, strange, and even abusive criminals. They were criminals though, and had been convicted of whatever crimes they were “in for”... but that did not stop them from being hateful to the “establishment” or make excuses for why they were in prison in the first place. One tried to explain the difference in myself and him one day.

He said, “The only difference between you and I, is that *I* got CAUGHT”. In his belief, we’re all ‘criminals’ or perform criminal behavior, and cops in his opinion were no different than the inmates.

In some cases, he was correct. The security running the place were not above doing things to keep themselves from being on inmates’ hit lists. I found that deplorable.

By the same token, I expect nothing but outstanding behavior in a police officer. While I can agree that perhaps the driver in the video was being somewhat animated and was obviously upset at the situation, there was really no real reason for him to be tasered.

Any officer worth his salt should be trained enough to see that the situation wasn’t as “volatile” as everyone seems to be making it out to me.

As someone who routinely carries a weapon on my person, I have no problem in cooperating with police officers. However, I will point out that when a cop is wrong, he is plain wrong. I don’t trust my own short term memory all the time - because, very clearly, and with MUCH scientific evidence — our memories are not what they are cracked up to be. Some people are good. Most of us are not good at remembering details of everything one sees on the highway, or in a robbery or whatever. Even police officers, trained observers, can be wrong. (I act as a trained weather spotter volunteer, go through 8-16 hours of refresher training every year, and spend many hours a year practicing observations and I can not always say with 100% certainty that what I see is what I THINK I see.... and I’m just as much of a human being as any police officer.)

My point in short is, Law Enforcement officials can and do make mistakes and should NOT be given, EVER, carte blanc, that they are “always right”, they should be held to the highest possible standards, and should they falter, or fail to maintain those standards - then retraining is in order. Period.

In the time I spent in Washington, working at the White House, I can say that in eight years I ‘never once made a mistake’. That is to say, I maintained (as did the people for whom I worked, and those that worked for me) the absolute highest standards of conduct and work ethic. When you were about to do something, you re-thought it three ways and did it right the first time. If you couldn’t make a good decision, you asked for assistance, advice or turned the job over to someone else.

Police Officers should be maintaining even higher standards, and they should be held to those standards under every possible circumstance.

I will say, if someone points a gun at a police officer, then the cop has every right to defend him/herself - just as any citizen of this country has.

By having a cop point ANY device at YOU, you’re assuming that he MUST be right and legal in every aspect of every move he makes. Otherwise, a cop pointing a gun at me is no different than anyone else doing it, and I’ll certainly return fire. The point here is, they MUST be ABOVE reproach.

This officer wasn’t. Otherwise, even his own lawyers wouldn’t have questioned his actions, which they did.


284 posted on 03/18/2008 1:50:30 PM PDT by Rick.Donaldson (http://www.transasianaxis.com - Please visit for lastest on DPRK/Russia/China/et al.)
[ Post Reply | Private Reply | To 279 | View Replies]

To: UCANSEE2
Surely you are up to the intellectual challenge. Or is everyone who questions your opinion, your ‘authority’, a little smartass? And do you TASER them or SHOOT them when they smart off?

The only person I've ever tasered was myself, as part of training I had to go through to be "qualified and authorized" to use such a device on someone else.

By the way I wasn't calling YOU a "little smartass", I was referring to your personal attack on me.

I wasn’t attempting to discredit you. I was debating the issue of legality and procedure as set forth by the UTAH PD.

I was merely trying to discredit your arguments. Not you. Or did you take it personal? (like you accuse Officer Gardner of doing)


No, I didn't take it personally when you said, "You have certainly impressed us all with your ability to provide intelligent rebuttal, and your inclusion of profanity (though well disguised) is so impressive.

Or when you said, "Also noted is the fact that (just like Mr. Massey, ordering the cop around) you speak for everyone, you are the authority, and anyone who disagrees with you should be banned from ever posting on FR."


Should I have? LOL.

As for the laws of Utah - refusing to sign a ticket is something they CAN arrest you for, if you refuse, only to post bond. They consider (as do most states, and LE regions) a signature to be promise to go to court. Utah considers that if you don't sign, you can go post a monetary bond. This is not something to taser people over. Sorry, in America, you're STILL innocent until proven guilty in a Court of Law. A police officer with a badge, gun and taser unit is not a judge and jury and the state of Utah is run by Judge Dread.

As to my phrasing... you are the one who initially phrased the question and set the scenario, not me. I simply stated the obvious, no had he not filed a lawsuit, he'd have gotten nothing out of it, but a fine and of course a good tasering....

On the other hand he DID file a lawsuit. It was dismissed and settle out of court, so he "won" that aspect of the fight. Does he have the right to drive faster than the speed limit? No. Does he deserve being tasered because some officer is pissed off, had a long day, or simply felt he needed to punish the guy? Hell no. Should be pay the fine for speeding? Yep. Should the court have heard the case? Absolutely IF the lawyers believed the Cop was in the right. They didn't, they settled out of court.

“They ADMIT that the cop was wrong by settling out of court. “ Funny, that is not what the UTAH PD said.

Funny, I read what the LAWYERS for the cop said... and they said "it was close"... meaning, quite plainly they do not necessarily agree with the Cop's actions.
And can you guarantee that they would have found for the plaintiff?

No more than you can guarantee the jury would have found in favor of the cop... so oh well.

285 posted on 03/18/2008 2:04:01 PM PDT by Rick.Donaldson (http://www.transasianaxis.com - Please visit for lastest on DPRK/Russia/China/et al.)
[ Post Reply | Private Reply | To 275 | View Replies]

To: Rick.Donaldson

Thank you.

Finally someone comes out and gives info on a history of their experience IN the LE field.

Ironic, isn’t it?

A LE experienced person says the cop was wrong,
and a non-LE experienced person says the cop wasn’t.

Throws the Cop Lover syndrome out the window.


286 posted on 03/18/2008 6:23:39 PM PDT by UCANSEE2 (Just saying what 'they' won't.)
[ Post Reply | Private Reply | To 284 | View Replies]

To: Rick.Donaldson

Here is what the lawyers and cops said. (which I am sure you read).


“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.


You said:”Utah considers that if you don’t sign, you can go post a monetary bond.”

which is exactly what Officer Gardner was taking Mr. Massey into custody for.

So, if Mr. Massey didn’t want to sign, why didn’t he willingly go to post bond?

Why did he ‘resist arrest’? ( I know, because he thought he was innocent)

When he was out of sight of camera, he was still arguing with Officer Gardner while being placed in the police car.

Which supports the contention that he was uncooperative and resisting arrest.


What would have happened had Officer Gardner not even had a taser?


287 posted on 03/18/2008 6:37:18 PM PDT by UCANSEE2 (Just saying what 'they' won't.)
[ Post Reply | Private Reply | To 285 | View Replies]

To: eleni121

“Speeders cause an enormous amount of death and destruction on the nation’s highways. This stupid decision inspires them to speed even more.”

More likely, it will inspire them to be uncooperative when a taser is pointed at them, so that they can sue.


288 posted on 03/18/2008 6:47:04 PM PDT by UCANSEE2 (Just saying what 'they' won't.)
[ Post Reply | Private Reply | To 281 | View Replies]

To: Lester Moore

If, as many here claim, Mr. Massey was UNAWARE he was being placed under arrest, because Officer Gardner didn’t make the actual statement,

why does Mr. Massey repeatedly ask “why are you arresting me?”


289 posted on 03/18/2008 6:48:51 PM PDT by UCANSEE2 (Just saying what 'they' won't.)
[ Post Reply | Private Reply | To 264 | View Replies]

To: Rick.Donaldson

“They chose NOT to go on with the court case because there were improprieties on the part of the officer.”

Sheila Jackson Lee assaulted a Federal Officer on live TV.

Charges were dropped. Was that because of the improprieties on the part of the Officer?


290 posted on 03/18/2008 6:55:55 PM PDT by UCANSEE2 (Just saying what 'they' won't.)
[ Post Reply | Private Reply | To 271 | View Replies]

To: gogeo

You tell me.

What do you think the poster’s point was?

And which poster?


291 posted on 03/18/2008 7:00:48 PM PDT by UCANSEE2 (Just saying what 'they' won't.)
[ Post Reply | Private Reply | To 283 | View Replies]

To: UCANSEE2

Was that before or after being shot with the taser?


292 posted on 03/18/2008 7:26:57 PM PDT by Lester Moore (This is the most regulated, monitored and controlled, and least free society in history.)
[ Post Reply | Private Reply | To 289 | View Replies]

To: UCANSEE2
Throws the Cop Lover syndrome out the window.

To be completely fair, *I* never used that phrase nor did I every use the "cop hater" phrase that others have used. I don't think that there is such a thing (other than some of the inmates in the asylums!) -- and those of use who are "regular citizens" have seen both good and bad cops. There are those of us who do not give law enforcement authorities one break - because they DO NOT, and SHOULD not get any, any more than anyone else. If a cop breaks the law he should be charged and tried just like any one else. I don't believe there are "special privileges".
293 posted on 03/19/2008 7:03:48 AM PDT by Rick.Donaldson (http://www.transasianaxis.com - Please visit for lastest on DPRK/Russia/China/et al.)
[ Post Reply | Private Reply | To 286 | View Replies]

To: UCANSEE2
The officer didn't inform the driver that he was taking him into custody, he obviously (we heard that on the video) asked him to step out of the vehicle, which he did. The driver DID comply. At that point the officer didn't follow through and explain WHAT he was doing. The man indeed may have been speeding, but you don't get arrested for speeding, unless it is reckless endangerment (depending on the local laws).

The officer was simply IN THE WRONG in this case. I did read that material (and several other articles on the subject before and since this particular article).

For the record, "resisting arrest" isn't a charge that they can hang on the guy. You know why? The cop NEVER INFORMED HIM he was being arrested. THAT is why the cop was in the wrong here. Had he simply stated "You're being placed under arrest, place your hands behind your back" then the charge of "resisting" could stick. Sorry - from my personal experiences with this, the cop didn't follow the training that I know he received.

Arguing isn't the subject of the discussion here. It's not against the law to argue with a cop, and it's not against the law to talk. It's not against the law to question authority, especially when that authority is stepping beyond reasonable boundaries. This was a 'traffic stop', not a felony crime commission. Tasering someone for talking back to a police officer is where *I* draw the line. The man wasn't even getting physical with the cop. HAD the man gotten physical, or turned in a threatening manner then maybe the cop would have been justified in tasering the man.

Unfortunately for the police officer, he 1) Didn't state up front that it is 'against the laws of Utah to refuse to sign a ticket', 2) didn't state he was therefore placing the individual under arrest, and 3) was NOT threatened in any way.

THIS is the reason "the case is close"....The state would have LOST this one had they continued on with the lawsuit. They settled because minds smarter than both of us decided it was in the best interest of the state to settle for a lesser amount than a judge would have awarded the guy, and the COP would have found himself unemployed after the fact.

They decided to settle so that cop could stay on the job and this would just "go away". Otherwise, they'd have been paying through the nose on it. In other words... the COP WAS WRONG.
294 posted on 03/19/2008 7:15:28 AM PDT by Rick.Donaldson (http://www.transasianaxis.com - Please visit for lastest on DPRK/Russia/China/et al.)
[ Post Reply | Private Reply | To 287 | View Replies]

To: UCANSEE2

Sheila Jackson Lee assaulted a Federal Officer on live TV.

Charges were dropped. Was that because of the improprieties on the part of the Officer?


Completely different story here and you know it.

She is a Congresswoman who slapped a Capitol policeman. SHE was the one being charged and they dropped the charges against her because she made a huge stink about it - and I don’t know if you noticed, but she’s a woman, and she’s black..... and she’s in Congress. So Congresscritters are above the law, huh?

The charges of speeding, to my knowledge were NOT dropped and I think I read he paid his fine. (I can’t cite the article at the moment since it was awhile back now and I don’t remember where I read it).

The LAWSUIT wasn’t “CHARGES”. It was a civil case, which is different from CRIMINAL charges. You’re trying to compare eggs to apples.


295 posted on 03/19/2008 7:22:58 AM PDT by Rick.Donaldson (http://www.transasianaxis.com - Please visit for lastest on DPRK/Russia/China/et al.)
[ Post Reply | Private Reply | To 290 | View Replies]

To: UCANSEE2
“Speeders cause an enormous amount of death and destruction on the nation’s highways. This stupid decision inspires them to speed even more.”

More likely, it will inspire them to be uncooperative when a taser is pointed at them, so that they can sue.


Both of these comments, by both of you are dumb remarks.

Number one, speeders do NOT cause "an enormous amount of death and destruction on the nation's highways".


I will grant that there are a lot of accidents involving speeding, but, the breakdowns show more single-vehicle accidents than anything, and the biggest contributing factor is "congestion ahead" on some of the reports.

The remarks that people will be uncooperative just so they can sue is also a ridiculous comment. That sounds very much like a certain other individual who says that "guns" are bad and we should limit them to certain people (cops) because someone MIGHT use one. Or the remarks of yet another person in the recent past on this site who said that "Kids shouldn't be allowed to shoot a bow and arrow in their back yard because they MIGHT hit something"....

That line of logic says we shouldn't do ANYTHING at all that is dangerous because we MIGHT cause someone else a problem - or worse that we should all simply stay home so we don't interfere with others because we might offend them or something.

If I happen to be driving 5 miles over the speed limit for some reason, on a road that isn't crowded, and there's no obstructions in my path, then it's not up to you two or anyone else to interfere with me "because you don't like it". A cop might stop me for going over the speed limit, but guess what? That's fine. It's not up to you to change lanes to "slow him down"... I've seen people do that out here where I have to come to work, and BRAG about it. They have a mental problem, it's called Passive-Aggressiveness and they are severely more dangerous than someone who is going 5 or 10 MPH over the speed limit. Here we have a LAW that says if you are NOT doing at least the speed limit, you're going to get a ticket!
296 posted on 03/19/2008 7:44:15 AM PDT by Rick.Donaldson (http://www.transasianaxis.com - Please visit for lastest on DPRK/Russia/China/et al.)
[ Post Reply | Private Reply | To 288 | View Replies]

To: abb

They can taser me if I get $40K for it

They can waterboard me if I get $100K for it


297 posted on 03/19/2008 11:39:08 PM PDT by Enchante (Obama: My Honky Grandma Is a Closet Racist but My "Uncle Jeremiah" Is Just a Bit Angry)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Enchante

They can taser me if I get $40K for it

They can waterboard me if I get $100K for it


But if I have to be subjected to the collected speeches of Shrillary Clinton they’ll have to pay me at least $1 million!


298 posted on 03/19/2008 11:40:23 PM PDT by Enchante (Obama: My Honky Grandma Is a Closet Racist but My "Uncle Jeremiah" Is Just a Bit Angry)
[ Post Reply | Private Reply | To 297 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 221-240241-260261-280281-298 last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson