…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. – sltrib
Warning: Video contains a real tasering with audio and is disturbing. I think they both screwed up. Cops get shot so if someone is reaching in his pocket when he is told to put his hands behind his back, he may get tasered. Taunting and tasering him the second time were mistakes.
I’ve been confronted with a hyped up cop before and it is really freaky! This one cop acted like he was on drugs. I was calm and honest and respectful, and he was saying things like, “Do you think I’m stupid?” How do you answer that one coming from a disgruntled guy with a gun!? “No, sir,” that’s how! He was getting more and more pumped up as he talked. The only thing that got him to back down was showing him my ID… next to the photo of a police officer in my family.