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Will Femia is a Weblog enthusiast who, through good fortune and dumb luck, was introduced to the form as his position as chat producer for MSNBC.com careered into obsolescence. On any given day, Will can be found having already spent an unhealthy amount of time squinting at a computer screen.

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That Utah taser video

Posted: Monday, November 26, 2007 10:28 AM by Will Femia


This looked like yet another unfortunate taser incident - one more example of what we've already seen are nearly daily examples of questionable use of the tool - so I hadn't planned to even mention it. When I clicked it last week it had 24,000 views and only a hand full of local stories in Google News. The only thing that made the story of note was a mention that the release of the video to YouTube had caused an acceleration in the investigation - a rare admission by authorities.

On Friday I saw it as the very last item on my (New York) local news report, one of those three second "loog-a-dis" items at the very end of the broadcast. A re-check of Google News saw a growing collection of stories on the matter.

This morning the video has cleared 800,000 views and the description now includes links to mainstream media interviews. The definition of viral.

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Comments

Fire that jack@ss cop.  It is the right of every american to confront his accuser.  If the cop could not provide the speed the driver was going (looked like he was speeding is NOT enough) or show him where the sign was that said 40mph, then he does not have any proof.  Generally I tend to side with the police officers but this guy deserves to go work a desk.  Way out of line, in my opinion.  Show the guy the sign or tell him his speed he was clocked at and the problem would have been over.  Instead, the sucktard cop thought it would be better to taze him.

And people think our rights aren't being trampled on.  Maybe after you get tazed for no reason you'll change your mind.
I guess I don't see the problem.  Guy was speeding, he was a smart ass, refused to sign the ticket (which by the way is not an admission of guilt, only acknowledgment of receipt), was told that he was under arrest, refused to comply with the officer's instructions, began walking away, was told that if he continued he'd be tased, and ultimately was.  

At that point, the officer's options were to either work him over with his baton, tase him, or let him drive away.  Seemed like a perfectly reasonable progression of events to me.  

It kills me how some people think they are in control when confronted with a police officer.  "I'm not signing the ticket, we're driving back and finding that 40 mph sign".  Uh, no we're not, you're not in charge here.
I don't know if you saw this, but in response to all of the recent taser-related deaths, this week the United Nations declared that tasers are a form of torture.

http://www.news.com.au/dailytelegraph/story/0,22049,22814674-5001028,00.html?from=public_rss
"Tasers can be instrument of torture, says UN"

http://www.theregister.co.uk/2007/11/26/un_taser_verdict/

I'd bet money Canada outlaws the use of Tasers inside six months.
Admittedly, the cop could have handled this better but I'm with Steve  (above). I wanted to strangle the guy myself. Shaddup already! Quit interrupting the cop, quit talking over him and quit ignoring everything the cop says.
In a Vernal, Utah paper, the driver was quoted and he said something about it being obvious the cop was out for blood, you could see evil in his eyes (I'm paraphrasing) Oh, ok. Now I see why you felt you didn't have to listen to a word he had to say. ??

Oh, and I love the people outraged over the fact that the cop let it all happen RIGHT IN FRONT OF HIS PREGNANT WIFE! Pregnant has nothing to do with anything, but if you have to, hang that on the dad's head, not the cops'. I'm more appalled by the fact that this pregnant wife screamed her fool head off seemingly without regard for her little son in the car-seeing daddy in trouble  surely terrified him, but to see mommy lose it too might be more than a kid, at a certain age, could bear. I don't know the kids' age, but her screams seemed cruel to me.
I'm with Steve as well. Just listen to the man with the big tazer "bro". The guy could have been back on the road in 10 minutes and (after checking the speed limit signs himself) gone on and disputed the ticket in court. Of course it is easy to say this as I wasn't there, but if a cop tells me I'm under arrest, I certainly would not start walking away. Show some respect for law enforcement.
The reason the driver was tasered came from the mouth of the officer himself, "He did not obey..."

So this is the penalty for a lack of unquestioning, immediate and total submission to authority? Really now.

A civilian asked a question... TASER HIM!

Once upon a time, there was a country called America where the people were truly free. They had the right of free assembly, and any opinion, regardless of how unpopular the idea might be to the current government, could at least be heard without fear of recrimination. But then... well, you fill in the rest of the story.

Well, from the outside looking in, it seems your "American Dream" is quickly eroding into a Neo-fascist nightmare.   Are you supposed to fear police in the USA? Is fear of authority a sign of a healthy, working democracy?

But hey, why worry when you can always go to the mall. Anyway, cynicism is easy. Good for you for posting the video Will. I can only assume you find it as sad as I do.

I think the main point of this whole thing is that tasering is inappropriate.  Tasers are supposed to be used in lieu of deadly force.  Since when is deadly force appropriate for speeding?  Since when is it a crime to state your opinion or ask questions?  (Oh yeah, since the stolen elections).  I want to know why the wife was screamed at to get back in the car.  She was obviously concerned about her husband laying on the ground screaming.  Is there a law that you can't get out of a car unless a cop making a traffic stop allows it?  And why did the cop look inside the car toward the end?  If he did not get permission from the woman this is illegal search.  
The man was never warned he was going to be tasered.  
We need to wake up in this country.  We are so screwed if we think that we should all just assume the position and shut up if approached by "authority".  I do think it was not clever of the man to try to walk away.  I do not think this warranted tasering.  This treatment by this cop is totally unacceptable.  He should lose his job and his pension.  Oh yeah, maybe he could also be tasered while his family is forced to watch.
And to B-Jane:  Your blame on the mother is way off base.  Blame the thug cop.  Would it have been better for junior to see mommy sit like a helpless slug while her husband is tortured for speeding?  What will that teach junior?  Mommy was not cruel, the cop was!  Maybe uou think she should have stayed in the car and played itsy bitsy spider.
There is a time and place for disputing a speeding ticket.  It is called a courthouse.  A police officer is not required to take a speeding suspect back down the road and show him the speed limit sign.  When a police officer gives you instructions, how hard is it to follow them?  Problem solved.  Once he says, "You are under arrest, turn around and put your hands behind you", game over.  The worst thing you can do is to start moving away from the officer.  How does he know you don't have a weapon.  I put 100% of the blame here on the driver.  Every instance of escalation was a result of his actions.  I'm willing to bet that he is an only child that was raised to believe that he is "special" and never wrong.
After making my above posting, I was sitting at my desk wondering what I could do to see that this sort of thing does not happen in my community.  Should I approach our local governments, contact the local news to see if they would make a story, contact the sheriff to check his policy?  Should I demand that tasering be outlawed as torture (we don't torture)?  I happened to check the local news and saw this:
http://www.news-journalonline.com/NewsJournalOnline/News/EastVolusia/evlEAST02112707.htm
So, this is within 20 miles of my home and happened yesterday.  Makes me wonder how this story will play out.  Tasering for credit card fraud.  Did she backtalk the police?  Or was she pulling a gun and demanding to use the card?  Or was she wearing a shirt that said "Don't tase me bro"?
This was one time on tasering I disagreed with the cop's actions.  The cop seems to have a bit of short-man syndrome going on.  But after viewing it again, so does the driver.  Then I read the anti-cop postings and sided with the cop.  What is so hard about following an officer's instructions at least until the situation is well understood by both sides.  Traffic stops can be deadly for cops, so why is it so hard to give them the benefit of the doubt.  I had a friend who was an MP on a military base who saw his partner get killed doing a "routine" speeding stop of what turned out to be a drugged-up soldier.  If you think you've been wronged by a cop, take it to court.  Especially a traffic violation.  People get out of them all the time.
are you kidding me.  the driver refuses to sign the citation.  he does not have that right.  sorry.  it is the release from custody form.  dont sign go to jail.  now, you are told you are under arrest, you turn and walk away.  without the taser, the officer would have had to engage the driver, used pain compliance to take him into custody.  that is the club or the mace.  just sign the ticket and move on.  the officer did exactly what he was suppose to do.  lets see you bleeding hearts take his job.  solo officer stopping unknowns in a vehicle.  ya it is his job, it is also his job to take them into custody, not just pat them on the ass and let them walk away.
I won't condone the kid's actions, however he didn't seem to be acting in an agressive manner. He did nothing wrong by refusing to sign the citation, it is not breaking any laws to do so. I find issue with the fact that the officer zapped him IN THE BACK. Then, when the other officer asks him what happened, he told him, and the 2nd officer said "good for you." We don't need officers acting this way. They each did something wrong, the kid could have acted better, but the officers actions were unjustified.
The "kid" was 28 years old.  If you refuse to sign the ticket, I suspect that standard operating procedure is to take the driver into custody and process the matter at the police station.  

I'm curious what you think the officer should have done when he attempted to take the suspect into custody and was refused.  Just let him go on his way?

With respect to the screaming woman, I don't think it is unreasonable for an officer to want her in the car instead of standing behind him while he is taking the suspect into custody.  As far as he knows, she has a tire iron in her hand.

And searching the vehicle is NOT an illegal search.  It is called a search incident to an arrest and is permissible to the limited extent shown in the video.
A little bit of knowledge is a bad thing, especially in the legal field.  I KNOW MY RIGHTS! I KNOW MY RIGHTS! No, you probably don't.
Steve in AR is wrong.  There is no requirement to sign the ticket.  The courts have held that a note stating "refuses to sign" is sufficient.  If the officer does decide to arrest for refusal to sign he must notify the person being arrested that refusal to sign is a crime (probably a misdemeanor) and he will be arrested for refusal.  This was not done.

Further, the officer drew his taser immediately upon reaching his car.  There was no threat of physical violence nor any imminent threat.  The officer violated all the guidelines of his own department.  Those who see this as a legitimate use of police power scare the hell out of me.  
The thing that always shocks me with the comments on these is that passive aggressive resistance, like this jerk used, is OK.  

If you are being arrested you have no right whatsoever to resist.  If your arrest was unlawful there are remedies in our justice system to pursue.  

He was tased in lieu of a beatdown.  Seems like a break even to me for the jerk who wouldn't sign.

UN declares tasers a form of torture... Well just about anything can be used for torture.  The UN is not much use for guidance on any issue.  
Please explain why it is so wrong for the cop to overreact to what for him could very well be a life-threatening situation (see my previous post) but it is OK for Illinois Jim, PeaceOnYou, etc. to overreact to these instances as a sign that we are living in a "police state", implying that this is common cop behavior, and brining up irrelevant issues like so-called "stolen elections" (BTW, unofficial recounts were done and according to at least one of them, done by the media, Bush still won), etc. etc. etc.  
Note also that much of the conversation is obscurred by traffic noise and yet you can still see that the driver was belligerent from the get-go.  As I stated in my previous post, I don't like the way the cop handled it, but 95% of the responsibility here rests with the driver.  
Different states and different jurisdictions have different guidelines concerning signing of misdemeanor tickets.  

In most jurisdictions in Arkansas, refusal to sign a ticket results in the person being taken into custody to appear before a magistrate.  It is not a federal constitutional issue, but one left to each individual jurisdiction.  
The duty of the officer is to protect citizens even if they are irritating.  He gave no warning he would tase the guy, which he lied about to his supervisor.  He drops the guy into a line of traffic and endangered his life.  He zapped him again on the ground before he could recover from the first zap and could complie.  He also refused to read Massey his Miranda rights.  This cop has extremely poor communication skills and zapping the guy was not worth the infraction.  I also think the cop purposely pulled in front of the 40 mph sign to block the view from the driver behind him.  Massey was irritating, but that is no reason to zap a guy especially when he was non threatening.  After all the deaths associated with his electrical instrument its time to discontinue its use, especially when in the hand of a ego maniace like Gardner.  
The guy was an idiot; he deserved what he got....

re: The U.N. declaring the taser as torture; Can anyone refresh my memory as to the last time the U.N. was relevant?
Who said you had to be threatening someone to get tased, or pepper sprayed, or batoned?  All you have to do is refuse to be arrested, and the officer can use the force deemed necessary to affect the arrest....and they don't have to be nice to get compliance........and they don't have to back down once they have decided to arrest....even for a speeding ticket.  The guy seemed to be just fine after the taser, and the officer only used it until he complied at which time the suspect got cuffed....the guy was still arguing with the cop....he's a knucklehead, and I wouldn't of posted this on the net, because it makes him look like an idiot......
As a proud owner of Taser stock, I only wish the sonafabitch had been tasered over and freaking over again. Looks like it did him some good.
Another power hungry cop. Wish they would spend more time going after real criminals.
Resist the fascist cops!
This one goes to the cops.  The driver was an idiot.  You want to be a lawyer? Practice in court. The driver must have watched too many TV shows.  Take care of your family first be macho later.
All he had to do was sign the ticket,then drive off. The ticket would have allowed him to have his day in court where he could argued the same case he tried to on the side of the road. He chose to handle it his way which turn out to be the wrong way.
FYI when an oficer pulls out a taser he means business from personal experience(training)it's very painful.
I think the police officer was in the right, this motorist obviously refused to listen to his commands, he wouldn't remove his hand from his pocket.  I would have tasered him for that.  People need to quit blaming others for their own stupid acts.  He got what he deserved.  I hope he learned something!
This is very disturbing. I have never heard of anyone getting arrested for not signing the ticket.  I have actually seen where people have received an additional ticket for not signing the original ticket. The cop jumped the gun 100% on this one.  Asking questions about why you got pulled over is not a crime, just because he is a copy does not mean that he does not have to treat you with respect and that he does not have to answer your questions. Also asking questions and the copy being paranoid does not give him a reason to search the mans vehicle. Last thing, the cop lied he said he went over the rights and why the guy was being arrested and at that point he did not read him his miranda rights. I think this cop was lucky that he only used his taser and that he may not get reprimanded for his means of force.  
Not sure who acted the least irresponsible.  Was that Reno 911?
Its quite simple that if you were that police officer you would be a bit afraid for your saftey when the guy doesnt comply and wont stand still. Also his wife kept getting out the car adding more to the conflict. He just hand to comply and leave. You never acomplish a thing arguing about the ticket. I have had a few tickets and never realley argued about it. Thats what court is for. Would you rather he  got pepper sprayed or hit with a batton.
It's very clear the cop was an arrogant jerk and refused to tell the guy what he did wrong other than speeding. He is just like the Texas law men / women...taser first ask questions and give answers later. He should be fired without question and the others that remain employed retrained as it's very clear both officers are snot nosed jerks.
I'm not a big fan of Massey either but the investigation was disappointing.  Davenport stated use of the Taser was justified because Massey turned his back and put a hand near his pocket.  However, Gardner doesn't say that to responding officers but makes a flipant comment about  "...ride with the Taser".  Did Gardner search Massey's pocket to see if he was armed?  And for Davenport to state the trooper now realizes that other options were available is an admission of guilt.
I blame this entire incident on the driver and the entitelement gen x/z'rs.  I see a serious lack of respect for the officer's authority in this case and if he was not speeding, go to court and stay innocent until you are proven guilty.  Arguing the issue on the side of the road, in front of his children and wife, was the wrong thing to do.  I'm not saying to never question authority, but pick the proper time and place; THE COURTS!  Furthermore, it's easy to play Monday morning quarterback and say what the cop should have done.  It seems to me the Taser pain lasted 10 seconds top.  That's far better than hours of pain via mace or years of pain from a baton strike.    
Jeez, he's lucky he just got tazered, I would have shot him.
hey tim, confront him in court not on the street and besides officers get tazed before they can carry.  there's a right way and a wrong way to slove you petty complaints.  no one got hurt and the problem was solved even though the violator esculated the situation higher than it needed to be.
Talk about an ego trip.  That cop had the taser out way before he walked away.  I dont understand how that is acceptable.  The are cops, not god.  They work for the people not against.  Yet another reason for common people to hate/fear cops!  
The officer was just in his actions. In Texas it is an automatic trip to jail for refusing to sign a citation as it should be. It is not an admission of guilt.
Driver's an idiot, an absolute, absolute idiot. When he got tased, it did look like his hand was going for the pocket. Any idiot in American can get a gun, and any idiot in America can shoot a cop if that cop isn't paying close enough attention or is just unlucky that day. This idiot and his hysterical wife should both have gone to jail-- she was disobeying orders just as he was. Cop over-reacted, IN HINDSIGHT. He had no idea what the situation was, or that the idiot wasn't armed. Driver and his wife pulling off their "princess" act-- the police profession is a tough one, and to save their own butts, the cops have the right to react violently when their orders aren't being obeyed. Yeah it's a little fascist, but if this driver weren't an idiot, there wouldn't be a problem.
Listen peeps, just because someone seems passive, doesn't mean they won't snap.  I have seen many videos of PO's being killed by polite, tie-wearing violators.  The driver would not listen and would not understand that the side of the road is not the place to argue.  In as much, he decided that he would not listen to the Trooper's instructions and began walking back to the car....unwise decision.  The Taser is used by LE to avoid strong hand controls, which can go badly for some police officers.  The Taser has no residual effect and quits hurting once the juice stops coming.  Young Mr. Will may very well follow instructions intently the next time.  
The idiot here is the driver who was speeding (possibly endangering others) and then refusing to follow directions.  When you are stopped, you stay in your car unless told otherwise.  Police officers face shootings and assaults by strangers on routine traffic stops.  I'm not justifying him, but perhaps he felt threatened when the man became defiant and approached him (could have had a weapon).  
"Fascist Cop", Yea that is what you say until you have you have your house broken into or your car stolen! If the police didn't respond who would you cry to then? Oh wait no one but the police care to hear your whining.
His wife should of been sent to jail and he should of been sent to jail for not listening to the policeman when you drive a car you have to listen to the police and do as told if you want to argue it go to court and argue this guy and his stupid wife obviously don't understand the laws ...  The cop did everything right..He refused to sign the ticket and gave the officer crap (is the driver that stupid) in addition he refused arrest and walked back to his car...I hope both he and his wife spend some time in jail..These are the same parents that when there kid is in high school and does something wrong they say are child would never do anything wrong...  Great job by the policeman for keeping his cool
An officer does not have to read Miranda Rights until a line of questioning has begun. To place someone under arresst does not automatically mean they will be read Miranda.
Miranda rights are for questioning only. The officer did not have to read him his rights if his intent was not to ask him questions that could incriminate himself. The officer had all the evidence he needed and questioning was not needed. Furthermore, any questioning done when the suspect is not yet in custody does not require a miranda warning (i.e. at the start of the stop before the arrest). Miranda warnings are for persons in "Custody" who are being "Questioned", Not custody without questioning or questioning without custody.

Amazes me how some people think they know the law. Study before you post.
The police made the right decision. Period. The end. The man had no respect for an officer doing his job. Like others have said, signing is not an admission of guilt, just saying that you understand what you are being accused of. You have the right to appeal the offense by taking the proper, normal, and fair steps in traffic court.
The trooper had the chance to 1: stop the situation from progressing or 2: let the man make more bad decisons and maybe drive off and start a chase with his wife and child in the car, let alone maybe kill somebody when trying to get away from the trooper.
As the investigation concluded, the trooper made an acceptable choice in stopping the man from doing something even more stupid than what he'd already done.
The best thing you can do when pulled over is be respectful, you are 10 times more likey to get a warning rather than a ticket if you just act reasonably.
Some people think they can play "lets-make-a-deal" with the police.

He got what he deserved!
I understand why the kid was was pissed, if I had gotten pulled over by a cop for speeding and the cop didn't use radar and couldnt tell me how fast I was going I would be pissed as well. Arguing with the cop in the manner he did is ok with me too, can't blame him for that. Walking away from the cop with a taser being pointed at you probably not the best idea. If the cop pulled the weapon on you he was probably willing to use it. That being said I don't think the situation warranted a taser. Tasers should be used when the subject shows agression. Turning your back on a cop doesn't warrant it. Naturally a cop is used to people doing whatever they say so when someone doesn't obey the get furious and things like this happen.
I think the cop was haveing a bad day. probaly bringing his home problems to work with him. so he blocked the sign with his cruiser just to make somebodys eleses life miserable.if you noticed it looks like most of the other cars going buy were not going 40 mph.plus taseing him twice was wrong.and letting the guy lay in the line of trafic. he should be suspended.
Put yourself in the officer's shoes.  He gave him many chances to comply and go about his business.  If you wish to dispute the charge you take it to court.  The officer's lives are in danger at every stop and they can not afford to take chances.  Just follow their directions and be respectful and courteous and fight it in court.
It is very obvious that people who have never worked as a police officer can be so critical of their actions. It is easy to judge this officer when you have never worked as one.  No one ever appreciates their sacrifices until they need  one. This officer was very professional trying to reason with an uncooperative motorist. Fact is the motorist had an attitude problem and did not follow reasonable directions from the officer. He was not tased  for arguing, refusing to sign or accept the ticket. He was tased because he was walking away and fumbling with his right hand and his pocket.  The officer was placing himself at risk by letting precious reaction time slip away.  Most  people would have tased this motorist sooner.  

I have never seen a traffic ticket with the option to argue it out with the officer at the time you are being ticketed.  I thank all officers like this that put public safety ahead of their own, and then are held to an unreasonable standard by cowards who could never have the GUTS to do their job.

If you don’t stand behind  these officers, then maybe you can stand in front of them.


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