Wednesday, March 5, 2008

Utah Highway Patrol Trooper Jon Gardner Cleared Of Any Criminal Wrongdoing By Attorney General In The Jared Massey Case


A Utah Highway Patrol (UHP) trooper will not be charged with any crime for shocking an uncooperative motorist twice with a Taser during a traffic stop in Uintah County last year. Full story published March 5th, 2008 by the Salt Lake Tribune and aired on KTVX Channel 4. Reported nationally by the Fox News Channel. All previous posts on this subject can be viewed HERE.

The Utah Attorney General's office seconded the review of the case to the Tooele County Attorney's office. And the Tooele County Attorney concluded that zapping Jared Massey wasn't a criminal act. "Applicable Utah state law allows for the level and degree of force deployed in this matter to effectuate an arrest," the attorney's office stated in its report to the Utah Attorney General's Office. "Trooper Jon Gardner did not commit a violation of a Utah criminal statute when deploying his Taser."

The investigation included a review of incident and Taser deployment reports, video transcripts, Gardner's training records, photos of Massey's injuries, video of the traffic stop, Utah state statutes and other materials. It concluded that Massey did not obey Gardner's repeated orders to put his hands behind his back and "use of force was reasonably necessary" in arresting him. The scope of the Tooele County Attorney's Office review was to determine only whether Gardner could be charged with a crime.

The September 14th, 2007 confrontation between UHP Trooper Jon Gardner and Vernal resident Jared Massey, ultimately viewed by thousands after it was posted on YouTube, resulted when Gardner stopped Massey about 10 A.M. on U.S. Highway 40 for driving 61 mph in a 40 mph zone. Massey argued with Gardner about his speed and then refused to sign the citation. Gardner then asked him to get out of his car.

When he followed Gardner back to his patrol vehicle and then refused to put his hands behind his back, Gardner shocked him with the Taser. He was zapped a second time while lying on the ground after refusing a second time to roll over and place his hands behind his back. [Ed. Note: It was probably the secondary Tasering that outraged people more than anything else.]

In November 2007, UHP exonerated Gardner of any wrongdoing. Massey, in turn, filed a Federal civil rights lawsuit accusing Gardner of violating his civil rights. But Massey did plead guilty in January 2008 to speeding in Uintah County Justice Court and agreed to pay a $107 citation, which is half of what he would have normally paid.

6 comments:

Anonymous said...

This is complete BULL!!!!!!
the fricken cop is abusing his power and acking like a complete a**hole!! cops sicken me these days

Everyman said...

First off, it is spelled ACTING not acking. Second, how is it bull? The guy was arguing with the trooper about how fast he was going when you can clearly see the 40 MPH speed limit sign in the beginning of the unedited video. Then, as if his belligerent, argumentative, I am too good to be stopped by the police, attitude was not enough he decided that he did not have to listen to what the trooper was telling him to do after being asked to step out of his car. When a cop tells you to place your hands behind your back only a mental midget would not immediately realize that he is either under arrest or being lawfully detained. Most states have laws that state when a cop is somewhere that he has a legal right to be that he can issue a command to a citizen to either protect that citizen or prevent a breach of the peace. If the citizen fails to immediately comply with the request or command he opens himself up to criminal charges. In my opinion, and evidently the opinion of the AG office in Utah, the trooper acted in a professional manor and did nothing wrong. Please educate yourself about the law before you attempt to be a Monday morning lawyer. It is better to keep your mouth closed and let the world suspect that you are an idiot than to open your mouth and remove all doubt!

Anonymous said...

The driver was 100% at fault.

Anonymous said...

Let's all act like cattle and blindly go to the slaughter.Question authority you mindless Idiots. Or be prepared to have everyone tell you when and if you can think for yourself.

Anonymous said...

I'm lookin for dude as we speak...

Military Police said...

100% disagree,the man had a right not to sign if he was not breaking the law. There was no need to disrespect someone the way the trooper did. The troop should have been more professional and make sure the man knew what he did wrong.