TAYLORSVILLE — An investigation has concluded that a Utah Highway Patrol trooper was justified in shooting a man with a Taser during a videotaped traffic stop that became painfully public when it was posted on YouTube.
The Utah Department of Public Safety announced the results of its initial probe into trooper Jon Gardner's use of a Taser on Jared Massey. A 10-minute clip posted online has been viewed more than 1 million times, and Gardner has been placed on paid administrative leave primarily to protect him because of death threats he has received from angry Internet commentators.
"We found that trooper Gardner's actions were lawful and reasonable under the circumstances," UHP Col. Lance Davenport said Friday.
The Utah Attorney General's Office has been asked to conduct an independent probe to see if any criminal violations occurred. The Utah Peace Officer Standards and Training Council may also become involved. DPS has also ordered a review of its Taser-use policy.
Massey told the Deseret Morning News on Friday night that he has mixed emotions about the results of the investigation.
"I don't feel the use of the Taser was justified because I feel the police officer is the one who is the professional and escalated this situation to where he had to use it," he said. "However, I appreciate that they investigated it."
Massey spoke with DPS Commissioner Scott Duncan on Friday to learn the results of the probe. He said he was grateful other agencies will investigate the traffic stop.
"Based on our review to this point, there are three main issues we are addressing," Davenport said. "First, a communication breakdown between trooper Jon Gardner and Mr. Massey. Second, a delay in the investigative process of this incident. Third, the use of the Taser."
On Sept. 14, Massey was pulled over on U.S. 40 near Vernal and cited with speeding. He refused to sign a citation and argued with the trooper, who ordered him out of his car.
As Massey walked toward a speed-limit sign and then back to his SUV, Gardner pulled his Taser and ordered the man to put his hands behind his back. Massey's hand is seen fidgeting around his pocket.
"What the heck's wrong with you?" Massey asks as Gardner fired the Taser into his back, causing him to stiffen, scream and fall backward. Gardner fired the Taser at Massey a second time as the 28-year-old man refused to comply with orders once on the ground, the UHP said.
"Officers are often forced to make split-second decisions or judgments in circumstances that are tense, uncertain or rapidly evolving," Davenport said, adding that Gardner did not know if Massey had a weapon.
But in justifying Gardner's use of the Taser, DPS officials said there were other problems.
"There was a lack of communication on the part of the trooper," Davenport said.
The UHP concedes that Gardner had options that could have de-escalated the situation. He could have written "refused to sign" on the ticket, handed it to Massey, and let the courts handle it. Instead, he arrested Massey.
After the Tasering, when a backup officer arrived and asked what happened, Gardner replied: "Oh, he took a ride with the Taser."
"That comment was inappropriate," Davenport said Friday.
The dash-cam video of the traffic stop was posted on YouTube by Massey, who complained UHP took too long to respond to his complaint. That's because he never filed one, DPS officials said Friday. It did come to the attention of DPS brass when it became a hit on YouTube.
Massey was also scheduled to meet with internal affairs investigators Wednesday but was unable to do so because his attorney was out of town. Investigators also questioned Gardner, who admitted in hindsight that he had other options but was fearful of his safety at the time.
"The Taser was used because Mr. Massey did some things that indicated to the trooper that there may be a danger out there," DPS Commissioner Scott Duncan said.
On the Internet, the 10-minute clip has taken on a life of its own. Thousands of people have commented on the merits of the traffic stop, mostly raging against Gardner. The UHP has also received thousands of phone calls and e-mails.
"We have heard from hundreds of people across the country and the world, with the Internet the way it is," said Duncan.
DPS is also investigating numerous death threats that were posted on the Internet against Gardner and Massey. Duncan said Gardner was on leave for his safety, and security measures were offered for Massey's family.
Gardner could still face disciplinary action from the state, depending on the final outcome of all the investigations.
"It will be reviewed," Davenport said.
Gardner has had a few complaints lodged against him in his 14-year career with the UHP, Davenport said, but most have been unfounded.
Massey said Friday he will consult with his attorney to decide what his next step might be, and said he is still considering a lawsuit against Gardner and the UHP.
E-mail: bwinslow@desnews.com; geoff@ubstandard.com