Utah Troopers call it "a ride with the Taser."
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Is the Taser when used as a substitute for communication skills the use of excessive force?
This a routine police stop for speeding involving Utah State Trooper John Gardner and the driver, Jared Massey. It starts as a disagreement over who was speeding; did the trooper stop the wrong car? The alleged speeder had the trooper driving right in front of him. So the driver was following the trooper's speed and if the driver missed the lower speed limit signs, the young man was probably focused on the trooper in front of him, rather than the road signs. We have all been in this situation where the driver gets nervous because a State Trooper’s car is in front of the pack. If stopped it’s natural to be nervous, to talk, asks questions and sometimes argue about if you were really speeding. After all the driver has his pregnant wife and child in the car.
The cop seems to not like this young man and ups the ante when he fails to get control of the situation; a situation that is far from being out of control. So what does the officer do? Instead of just listening to the young man and letting him blow off steam, he pulls out his Taser and substitutes “a ride with the Taser” for communication. It's difficult to hear the trooper but the TV commentator pulls this gem out of the audio.
Watch this video so you have some idea of what the facts are at the scene. The CNN report is the perhaps the most concise and comprehensive. The next video is the raw footage including the discussions with the fellow officer following the wife leaving with the man’s car.
The arrest demonstrates that the use of a Taser is about power and who has it. It's certainly not about the officer's safety or the need to use a fancy electric cattle prod.
In my opinion this officer took a situation that was really nothing and turned it into an arrest and further medical expense for the citizens of the State of Utah. The Taser has become the execution of expedience; rather than the use of reasonable force necessary for legitimate law enforcement.
You can tell the officer is out of control and knows it because he berates the pregnant wife for crying.
Is not following instructions at the instant asked enough for Tasering a suspect?
He then uses the incident to up the ante to search the vehicle; probably hoping to find something that will justify the previous use of force or excuse his unprofessional behavior. If he can find something it will hopefully be enough to make everyone look the other way about what occurred during the arrest. A typical cover-your-ass type of search.
Then watch the end of the video and notice the conversation between the arresting officer and the one that later arrives. The officer says he’s mad because the driver thought he was “completely in charge.” The officer never mentions sensing the situation was out-of-control or that the officer feared for his own safety. No none of that. Just a matter of who has the power. The Trooper is trained to maintain control but this trooper seems more focused on winning the argument. If you want to win arguments go to law school, not the police academy.
Now consider this statement by the arresting officer to the late arriving officer. “He took a ride with the Taser.” This statement is unprofessional and indicates this is mere sport for the department. You can tell by his use and how he says it that this is a statement he’s heard and used before this day. The Taser is being used by the Utah State Troopers as sport to shoot citizens.
So ask yourself, is the Taser too easy to abuse?
And here is CNN’s report with interviews of all sides.
Here is the investigative reporting of the incident. November 13, 2007. Fox-13.
Technically you aren’t required to sign a ticket.
Here is ABC-4’s report, which includes a statement of Jared Massey, the speeder.