Fat lady sang! Hooray for Massey. Now maybe fire gardner!
Speeder Tasered by trooper on YouTube video gets $40,000 from state (with video) By Jason Bergreen
The Salt Lake Tribune[/align]Article Last Updated:03/11/2008 11:03:46 AM MDT[/align]
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. 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
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Not according to the state of Utah. Other wise why else settle? it proves, the "Good ol Boy" club is still alive and well. This country is rapidly becoming a police state. The no knock invasions resulting in dead home owners, rougue HP's like this guy are proof! Family members, in Vernal tell me gardners days are numbered, as this wasn't the fisrt time he has over reacted in the presence of a woman!
i think he got what he deserved. as much as i hate to side with the cops. but if i remember right signing a ticket isn't a confession its just saying you will pay for the ticket or show up on the court date to fight it. but not signing the ticket gets you a ride in the back seat of the squad car it was his choice he made it. but he didn't deserve 40k for it. IMO it was unprofessional of the two cops joking about it. that was the only part of the whole thing that pissed me off.
I have had confrontations with the cops when I was younger...all out of stupidity...TODAY I would never think about messing with them they have the upper hand ...always
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Bowtech Destroyer 350,Elite XLR, Crimson Talon 125's and NAP Bloodrunners also 125 Grim Reapers
I watched it, several times. As much as I hate to say it, Massey didn't deserve 50,000 volts in the back. He wasn't behaving in a threatening manner at all. That officer was just looking for a reason to tase someone, and I don't think he had a reason at that point.
i think he got what he deserved. as much as i hate to side with the cops. but if i remember right signing a ticket isn't a confession its just saying you will pay for the ticket or show up on the court date to fight it. but not signing the ticket gets you a ride in the back seat of the squad car it was his choice he made it. but he didn't deserve 40k for it. IMO it was unprofessional of the two cops joking about it. that was the only part of the whole thing that pissed me off.
In Utah, you do not have to sign the ticket. And the officer has to have a reason to arrest you for not signing it. It was a speeding ticket, massey was simply asking a question. Listen to the tape. Gardner also lies to the other officer when he says, "I told him to put his hands behind his back, or I will tase him"! Gardner never made such a statement.
You are living in a rapidly developing police state, where the law can use almost any excuse to arrest you or kill you. The no knock rule has resulted in several deaths to innocent home owners, who's home was being raided by swat teams seeking drug dealers. Yeah, wrong address, sorry we shot your dad! If there had been no video and gardner had no taser, he would have drawn a gun, and maybe shot this young father over a speeding ticket. He stopped massey within 1/4 of a mile of the sign, the sign was temporary, the road had been recently chip sealed.
You can defend them, I will condemn him. In 36 years of driving I have had one (1) speeding ticket. And no (none) infractions with any laws. I don't inted to either. Laws are to be obeyed, but those that inforce them have rules to.
HuntingBuddy 419: I disagree. The cop was an ass. The county or whoever is lucky all they had to do was pay out $40,000. Frankly my view was that the cop just got tweaked that the driver wasn't all that conciliatory. They guy was not a threat. As has been said by others, this isn't a matter that is soley decided and construed from the view point of LEOs, however much LEOs may want to pitch it this way. The LEOs do not rule the country or set the standards of normal and acceptable behavior. The guy was behaving rationally and not in a threatening way.
Utah-Utard highway patrolman!
