Posts filed under Proportionality
The Police Beat: The first sign of a sociopath is torturing animals (posted 21 August 2009)
Patrolman Terry Lowther. Lakewood Division of Police. Lakewood, Ohio. Otis, a white boxer, got loose from his owner’s house in Lakewood, Ohio early in the morning about a month ago. Now a loose dog can be a problem — for the owner, for the dog, and for innocent bystanders. So when responsible people see a loose dog in their neighborhood, they’ll usually keep their distance, try to keep an eye on it, keep it out of the road, shoo it away from anyone who passes by, and, while they have an eye on it, find the owner to get them to bring the dog to heel and take it back to its home.
Unfortunately for Otis, the first people to encounter him were not responsible people but rather a couple of heavily-armed police officers working for the Lakewood city government, who had made their way into the neighborhood on an unrelated call. So, instead of trying to keep anyone from getting hurt, the cops decided that the situation needed controllin’. They surrounded the dog and started yelling at it and waving their weapons around. After being surrounded by these complete strangers barging into his neighborhood, Otis started barking and backing up defensively. A couple times he tried to run off. The dog posed a threat to exactly nobody, but since it wouldn’t stop barking, and since twitchy government cops have been trained not to consider themselves safe as long as anyone or anything in the vicinity is moving without their permission, rather than waiting the literal 90 seconds that it took for the dog’s owner to get out there, they decided instead to close in on the dog and try to get a noose around its neck. When the dog barked and bristled at the complete strangers moving in to grab it, Patrolman Terry Lowther decided to blast Otis with a 50,000-volt electrical charge from his taser. After the dog tried to stagger to its feet — while it already had a noose around its neck — they blasted him again with a second 50,000-volt electrical charge. Just to be sure, I guess. Then they dragged the senseless dog along the ground over to their patrol car.
Trigger warning. Graphic footage of a dog being tortured and dragged by police officers.
When Otis’s owner showed up — a whole 90 seconds or so after the first taser blast — they hollered at him and gave him a citation for having a dangerous animal and for letting the dog run loose. I guess he’s lucky they just tortured his dog instead of killing it; according to the police report, the only reason consummate professional Patrolman Terry P. Lowther Jr. didn’t just whip out his handgun and shoot Otis dead is that he was afraid that the bullet might ricochet off the blacktop and harm a bystander.
When the story hit the local news, the cops tried to defend this electrical torture of a helpless animal that was already surrounded, did nothing more than bark, and posed no physical danger to anyone, in two ways. First, they made up lies about the dog’s breed — first they claimed it was a pit bull; when the owner contradicted their claim and put out photos of the dog, they claimed that it kinda looked like a pit bull and musta had some pit bull in ’im. Then they tried to spin the story back their way by releasing the video from Patrolman Terry Lowther’s taser-cam — video which they claimed showed the dog acting aggressively
and threatening the cops. This seems to have been a serious miscalculation on the city government’s part — since the ideas that twitchy government cops have about what counts as aggressive
and threatening
is very different from the ideas that civilized people have, and the video didn’t show the dog doing much of anything more than barking. Also, presumably, since most people react poorly to hearing a helpless animal howl in agony and seeing it writhe on the ground while a cop shocks it twice in rapid succession. After the police released the film, it quickly spread through the Internet, and public outrage over the case intensified rather than petering out.
In any case, the city government responded to the situation by using the vicious animal
charges to exile Otis and his owner, Daniel Kier, from the city: the city agreed to drop the utterly bogus vicious animal
charges against Kier only in exchange for an agreement that he would not sue the Lakewood city government for torturing his dog, and that he would move with Otis out of the city limits (to the city of Cleveland, as it happens). None of the news stories I’ve read on this case have mentioned it, but the vicious animal
charge is just a misdemeanor rap for Kier; but since the same law also provides for the impounded vicious animal
to be humanely destroyed,
I suspect that the reason he was so ready to get it dropped, even if it meant moving out of the city, is because the city government was effectively threatening to kill his dog if he didn’t shut up and accept their terms.
So who are the real vicious animals
running loose here? I’m pretty sure it’s not the poor son of a bitch that got tasered.
(Via Brad Taylor 2009-08-04.)
See also:
13 shots to kill a puppy (posted 16 April 2009)
(Via a private correspondent.)
A couple weeks ago, a government gang in Youngstown, Ohio were chasing some freelance competitors. The suspect
young men got out of their car and ran away on foot. One of them ran into Moses and Darcel Gilmore’s house (not, actually, his house, or his family’s; just a nearby house he could get into) and then he ran down into the basement. Three cops charged into the house after him without knocking and without a warrant. When they tried to charge down into basement after him, a 42 pound Akita puppy named Diva, who belonged to the owners of the house, came on up the stairs. (It was trained to expect to be let outside when the basement door opened.) Officer Ryan Laatsch decided to take this as being approached … in an aggressive manner.
You might think, especially given that the teenager they were chasing was trapped in a basement and not going anywhere, that three heavily armed, professionally-trained grown-ass men might figure out a way to get around or to calm or to restrain or just to back away from a 42 pound 7 month old puppy so that nobody gets hurt. But, well, Officer Ryan Laatsch was already waving his gun around at the time, so instead he fired off 12 shots into the dog’s body. Then, apparently, he got up close and fired a 13th shot into the dog’s head at point blank range, in order to confirm the kill.
The teenager ran down the basement stairs to hide. When officers opened the basement door from the kitchen,
the dog approached Officer [Ryan] Laatsch in an aggressive manner,the police report states.There were three officers in the house.
Officer Laatsch, who already had service weapon drawn due to the circumstances of the situation, shot approximately five to six times striking the dog … then shot the dog approximately five to six more times …then shot the dog one more time directly in the top of his head from only a few inches away,the report stated.—Katie Seminara, The Vindicator (2009-04-14): Youngstown police shoot
aggressivedog 13 times
Police Chief Jimmy Hughes has defended this on the grounds that Officer Ryan Laatsch fired until the dog ceased to attack
(it never started) and in fear for his life and the lives of the other officers
(apparently not so afraid that it kept him from getting up close enough to shoot the puppy in the head at point-blank range after he’d already emptied 12 rounds into her body). Police Chief Jimmy Hughes also [doesn’t] know if restitution is in order at this time,
because, after all, if the Servants and Protectors were busy saving their own skins from a 7 month old puppy, expecting even an Oops, our bad
would really be a bit much.
See also:
In which commentary becomes copy-and-paste (posted 5 January 2009)
The Israeli government’s military began heavy artillery shelling of civilian targets in Gaza this weekend. The idea was that by besieging Gaza, and then firing heavy artillery down into one of the world’s most densely populated urban areas — along with a continued barrage of aerial bombardment, which has been blowing the hell out of universities, mosques, residential neighborhoods, and other civilian targets for the past several days — the Israeli government’s military might be able to somewhat reduce the number of its professional soldiers killed in combat during a ground invasion.
Israel unleashed an artillery bombardment on Gaza today for the first time in its week-long offensive, prompting increased speculation that a ground invasion is about to begin.
Palestinian medical officials also said that an Israeli airstrike on a Gaza mosque had killed 10 people and wounded dozens more. Al Jazeera quoted witnesses as saying there were at least 200 people at prayer inside the Ibrahim al-Maqadna mosque in northern Gaza when the missile struck.
The Israeli TV station Channel 10 said the entire length of the Gaza Strip was under attack. Palestinian witnesses told Reuters the shelling had caused a large explosion in Gaza City and there were a series of blasts close to the frontier with Israel. There were no immediate reports of casualties.
Israeli TV commentators said shelling could be used to clear Hamas-laid minefields ahead of a possible ground invasion. Israeli troops are massed on the border waiting for orders to go in.
[…]
More than 400 Palestinians and at least four Israelis have been killed since Israel launched its offensive last Saturday. The UN estimated yesterday that a quarter of the Palestinians killed were civilians.
—Matthew Weaver, The Guardian (2009-01-03): Israel fires artillery shells into Gaza
Then the Israeli government’s military began its ground assault
— that is, sending in infantry and armored divisions to invade and occupy Gaza, with the usual imposition of martial law and military curfews and more-or-less shoot-on-sight procedures, the blockading of roads and bridges, the house to house operations
of storming, searching, and commandeering civilian homes en masse, and all the rest involved in exerting military command-and-control over a large, besieged city.
Israel has said that its offensive in Gaza could take
many long daysas its troops moved deeper into the Palestinian territory in the second day of its ground attack.Troops backed by air and naval power surrounded Gaza City and in effect sliced the territory in two.
An Israeli air strike hit two ambulances in Gaza on Sunday, killing four paramedics as they tried to reach those injured in the offensive.
Israeli government officials say they are not targeting civilians, only trying to stop rockets by the Palestinian Hamas movement governing Gaza, which are still being fired into southern Israel.
Civilian injuries and casualties in Gaza continue to mount and the death toll now stands at 521, with at least 64 people killed since the ground offensive began, according to Palestinian medical authorities. Some 2,450 have been injured.
Among the latest victims were a mother and her four young children, killed in an Israeli air strike on their home in Gaza.
Four Israeli civilians have been killed and two injured by Palestinian rocket attacks.
—Al-Jazeera (2009-01-05): Israel [sic] intensifies assault on Gaza
According to Shimon Peres, arbitrary President over the territory of Israel, the idea is to teach a lesson
to Hamas.
We don’t intend neither to occupy Gaza nor to crush Hamas, but to crush terror. And Hamas needs a real and serious lesson. They are now getting it.
—Shimon Peres, quoted in Al-Jazeera (2009-01-05): Israel [sic] intensifies assault on Gaza
Somewhere above 100 civilians have been murdered in the process of delivering this lesson
to unrelated third parties. Ehud Barak, arbitrary Minister of Defense over the territory of Israel, tells us (from his perch in a comfortable government meeting room) that this is because War is not a picnic.
The operation will be expanded and intensified as much as necessary. War is not a picnic.
—Ehud Barak, quoted in Al-Jazeera (2009-01-05): Israel [sic] intensifies assault on Gaza
Indeed; but for whom?
So, anyway, to review, in Israel, four civilians have been murdered, two have been injured, and some other residents of towns near the Gaza strip have suffered some fright and some property damage from poorly-aimed rocket attacks launched by Hamas, the quasi-governmental terrorist faction that claims a right to rule over the 1.5 million people living in Gaza. In the process of retaliating against these attacks, the Israeli government’s military has locked down those 1.5 million people — the primary victims of Hamas — under a state of siege and bombarded their homes, their schools, their roads, their houses of worship, and the ambulances that tried to come to their rescue. They have killed more than 100 times as many Palestinians as Hamas has killed Israelis, and injured more than 1,000 times as many. More than 100 of those killed in the massive indiscriminate bombardment (that is, at least 25 times the number killed in Israel) are known to have been civilians, who had nothing in particular to do with the poorly-aimed rocket attacks that the Israeli government’s military claims to be trying to stop. Many of those killed have been children. The Israeli government’s military has also deliberately stormed houses, bombed bridges, destroyed school buildings, cut electrical lines, and blockaded land crossings and sea lanes so that not even emergency relief NGOs can reach the people being maimed and killed by the bombardment. They show no signs of letting up: this death and destruction is only the beginning.
The official reaction
from most of the rest of the world — which is the dignified term that the press uses to describe the ranting power-trips of a tiny, parasitic minority sitting in comfortable government offices far away from the millions of people upon whose lives and livelihoods they constantly render their sanctimonious opinions and summary judgments — has been to call for moderation.
We will be told that both sides
in this conflict have made moral and strategic blunders, that the best thing to do is to take a soft touch and to try to convince the belligerent states and quasi-states involved to tone things down and come to the bargaining table in some sort of diplomatic negotiation process. The problem is that there are not two sides
in this war; like any other war, there are three sides
— or, more properly, millions of tiny, individual sides
— because in any war there are not only two states fighting each other, but also everybody else, the millions of people caught in between. Besides the belligerent states and quasi-states facing off against each other, in any war there are also the millions of people held hostage by one or both of the belligerent powers and coldly shoved into the crossfire by the usurpers who style themselves their leaders,
and by the rival usurpers who are the enemies of their self-styled leaders;
millions of people who have nothing at all to do with any casus belli or with any of the political maneuvers that led up to the onslaught; millions of people who were just trying to live their lives, and, for doing nothing worse than existing in the wrong place at the wrong time, will be hurt or maimed or bereaved or killed themselves — all in the name of the ranting power-trips of a tiny, parasitic minority who sit in comfortable government offices or heavily-fortified bunkers far away from the millions of people upon whose lives and livelihoods they constantly render their sanctimonious opinions and summary judgments. Of course news coverage never discusses this other side
— that is, our side — those of us who do not sit in the halls of power and do not have our fingers on the triggers. Government diplomats care nothing about the interests our side and nobody ever consults us or considers whether we have legitimate interests worth respecting. Instead this is presented as a fight between Israel
and Gaza
— all of them, apparently, all at once — because it’s necessary to talk about it that way in order to obscure the question of who is really dying, and how many, and where, and for what. I should like to say something more about this, but what more can I really say? I say it again, and again, and again, and it doesn’t make a bit of difference but it remains no less true. There is a point at which no more commentary is possible; there is only copy-and-paste. Thus:
The murder of civilians by Palestinian […] terrorists is criminal, and those who committed the murders can be stopped from committing further crimes through the use of violence, if necessary. But the right to use force against someone does not mean the right to use any amount of force necessary against anyone at all in the process of stopping her. It’s true that if you really are willing to
do everythingin retaliation for the kidnapping of a soldier, or attacks on your forces, or attacks on civilians, then this is included. Any atrocity at all is included indoing everything,and that is precisely why the willingness todo everythingin retaliation for an attack, no matter what the cost to innocent third parties, is a moral crime of the first order. Destroying the lives and livelihoods of scores of innocent people in the process of trying to stop the murder of one or two other innocents is criminal.
And doing so to hundreds of civilians in the name of reducing military casualties in an invasion, or in the name of teaching a lesson
to unrelated third parties — as if these hundreds of civilians were just so many Post-It notes, on which the Harrow of the State can write its little messages for the edification of rival state powers — is nothing less than an atrocity.
See also:
What a shock. (posted 1 December 2007)
Let’s review.
Cops in America are heavily armed and trained to be bullies. They routinely force their way into situations they have no business being in, use violence first and ask questions later, and pass off even the most egregious forms of violence against harmless or helpless people as
self-defenseor as thenecessarymeans to accomplish a completely unnecessary goal. In order tostay in control of the situation,they have no trouble electrifying small children, alleged salad-bar thieves, pregnant women possibly guilty of a minor traffic violation, or an already prone and helpless student who may have been guilty of using the computer lab without proper papers on hand. They are willing to pepper spray lawyers for asking inconvenient questions and to beat up teenaged girls for not cleaning up enough birthday cake or being out too late at night. It hardly matters if you are an 82 year old woman supposedly benefiting from acare check, or if you are sound asleep in your own home, or if you are unable to move due to a medical condition, or if the cops attack you within 25 seconds of entering the room, while you are standing quietly against the wall with your arms at your sides. It hardly even matters if you die. What a cop can always count on is that, no matter how senselessly he escalates the use of violence and no matter how obviously innocent or helpless his victims are, he can count on his buddies to clap him on the back and he can count on his bosses to repeat any lie and make any excuse in order to find that Official Procedures were followed. As long as Official Procedures were followed, of course, any form of brutality or violence is therefore passed off as OK ….Note that Gardner never, at any point in the video, claimed that anything that Massey did in the encounter was threatening or that he felt he had to defend himself. He explicitly stated, over and over again, to Jared Massey, to his wife, and to a fellow cop, not that the reason for his actions was self-defense, but that it was to coerce compliance. Gardner also never told Massey that he was under arrest until after knocking Massey to the ground with his taser. However, cop enablers are not about to let the mere evidence of their senses get in the way of fabricating excuses for police violence …
Some days, I really hate being right.
Utah taser probe: Trooper acted reasonably
SALT LAKE CITY (AP) — A Utah trooper who used a Taser to subdue a stubborn motorist who was walking away from him during a traffic stop felt threatened and acted reasonably, state officials said Friday.
Trooper Jon Gardner remains on leave, primarily for his safety, after numerous anonymous threats were made against him, said Supt. Lance Davenport of the Utah Highway Patrol.
Gardner twice zapped [sic] Jared Massey with a Taser when the driver walked away and refused to sign a speeding ticket on Sept. 14. The incident was recorded on Gardner’s dashboard camera. Massey filed a public-records request and posted the video on YouTube, which said it has been viewed more than 1 million times.
We found that Trooper Gardner’s actions were lawful and reasonable under the circumstances,Davenport said at a news conference, joined by Scott Duncan, commissioner of the UHP’s parent agency, the Utah Department of Public Safety.The investigation was conducted by officials in the Department of Public Safety, which oversees the highway patrol. The officials have asked the Utah attorney general’s office to also review the case to determine if laws were broken.
Massey was not at the news conference and could not immediately be reached for comment.
The video showed Massey arguing about whether he was exceeding the speed limit on U.S. 40 in eastern Utah. Massey got out and walked to the rear of his vehicle. The trooper pulled out his Taser when the driver tried to return to his seat.
Massey shrieked, fell and said:
Officer, I really don’t know what you’re doing.
Face down! Face down! Put your hands behind your back,Gardner said.—USA Today (2007-11-30): Utah taser probe: Trooper acted reasonably
This seems to be more or less how most cops seem to think that all their conversations with the public that they serve and protect
should go.
When Massey’s wife emerged from the passenger side, the trooper ordered her to get back in —
or you’re going to jail, too.Moments later, when another officer arrived, one of them said,Oh, he took a ride with the Taser.Davenport said that comment was inappropriate.
—USA Today (2007-11-30): Utah taser probe: Trooper acted reasonably
Well, that’s mighty white of him.
Officials said Gardner could have issued the ticket without Massey’s signature.
The investigation found use of the Taser was justified because Massey had turned his back and put a hand near his pocket, Davenport said.
For a law-enforcement officer, that is a very, very scary situation,he said.Nonetheless, the trooper now realizes that other options were available, Davenport said.
—USA Today (2007-11-30): Utah taser probe: Trooper acted reasonably
Remember that at no point in the encounter did Gardner ever claim that he used the taser because he felt threatened or because he believed that Massey was reaching for a piece. In fact, he explained several times why he used the taser, to Massey, to Massey’s wife, and to another cop, and every time he said the reason was that Massey didn’t follow instructions
. I’m sure he just forgot to mention that he feared for his life, too. It’s wonderful how a gang of cops investigating possible after-the-fact excuses for another cop’s use of violence can jog the memory.
However, once we strip out the self-serving lies, note that we are left with the following:
Officials said Gardner could have issued the ticket without Massey’s signature.
… Nonetheless, the trooper now realizes that other options were available, Davenport said.
Let’s review.
Officials said Gardner could have issued the ticket without Massey’s signature.
… Nonetheless, the trooper now realizes that other options were available, Davenport said.
And there you have it. In the view of the Utah Highway Patrol, it is lawful and reasonable
to torture you with 50,000-volts of electricity in order to force you to comply with their orders, even when those orders are completely unnecessary and even when other options are available.
What a shock.
(Story via Strike the Root and no authority 2007-12-01.)
Further reading:
Law and Orders #3: John Gardner of the Utah Highway Patrol tasers Jared Massey in front of his family for questioning why he was pulled over (posted 27 November 2007)
Update 2007-11-29: Some of the quotes from commenters were re-ordered to correct for a misplaced copy-and-paste.
Cops in America are heavily armed and trained to be bullies. They routinely force their way into situations they have no business being in, use violence first and ask questions later, and pass off even the most egregious forms of violence against harmless or helpless people as self-defense
or as the necessary
means to accomplish a completely unnecessary goal. In order to stay in control of the situation,
they have no trouble electrifying small children, alleged salad-bar thieves, pregnant women possibly guilty of a minor traffic violation, or an already prone and helpless student who may have been guilty of using the computer lab without proper papers on hand. They are willing to pepper spray lawyers for asking inconvenient questions and to beat up teenaged girls for not cleaning up enough birthday cake or being out too late at night. It hardly matters if you are an 82 year old woman supposedly benefiting from a care check
, or if you are sound asleep in your own home, or if you are unable to move due to a medical condition, or if the cops attack you within 25 seconds of entering the room, while you are standing quietly against the wall with your arms at your sides. It hardly even matters if you die. What a cop can always count on is that, no matter how senselessly he escalates the use of violence and no matter how obviously innocent or helpless his victims are, he can count on his buddies to clap him on the back and he can count on his bosses to repeat any lie and make any excuse in order to find that Official Procedures were followed. As long as Official Procedures were followed, of course, any form of brutality or violence is therefore passed off as OK by the mainstream media, while a chorus of sado-fascist bully boys in the newspapers, talk shows, and the Internet will smear the victim and howl for the obliteration of any notion of restraints on the use of force in securing compliance with police demands. Then they will sanctimoniously explain how cops need to be able to shove you around and then beat and torture you with impunity so that they can protect
you. Whether or we ever wanted or asked for their protection
in the first place.
One increasingly popular means for out-of-control cops to force you to follow their bellowed orders is by using high-voltage electric shocks in order to inflict pain. Now, in fact, tasers were originally introduced for police use as an alternative to using lethal force; the hope was that, in many situations where cops might otherwise feel forced to go for their guns, they might be able to use the taser instead, to immobilize a person who posed a threat to them or to others, without killing anybody in the process. But in practice, police culture being what it is, any notion of limiting tasers to those situations very quickly went out the window. Cops armed with tasers now freely use them to end arguments by intimidation or actual violence, to coerce people who pose no real threat to anyone into complying
with their instructions
, and to hurt uppity civilians
who dare to give them lip. They often do so even when the supposed offense that they’re responding to is completely trivial; they often start tasering, or keep on tasering, after their victims have already been rendered helpless by the circumstances or by an earlier use of force. Among civilized people, deliberately inflicting severe pain in order to extort compliance from your victim is called torture;
among cops it is called pain compliance
and is considered business as usual. So shock-happy Peace Officers
can now go around using their tasers as 50,000-volt human prods in just about any situation, with more or less complete impunity. In those rare cases where media criticism, mass riots, or a lawsuit does force some minimal accountability on the police force, the handful of low-level officers who face punishment are portrayed as bad apples
and the whole thing is written off as yet another isolated incident.
Last week, the latest isolated incident came to light thanks to a pending lawsuit and a dash camera video posted on YouTube. John Gardner, who works for the Utah Highway Patrol, pulled over Jared Massey on U.S. highway 40. Here is what happened:
The nearly 10-minute video clip, which has drawn nothing but negative comments toward the trooper on YouTube, shows Gardner approaching Massey’s SUV and asking for his driver’s license and registration. Massey asks how fast he was going, which prompts Gardner to repeat his request.
I need your driver’s license and registration — right now,the trooper says.Massey continues to question Gardner about the posted speed limit and how fast he was going but hands over his papers. The trooper walks back to his car.
Gardner returns to the SUV and tells Massey he’s being cited for speeding. On the video, Massey can be heard refusing to sign the ticket and demanding that the trooper take him back and show him the 40 mph speed limit sign.
What you’re going to do — if you’re giving me a ticket — in the first place, you’re going to tell me why …Massey says.
For speeding,the trooper interjects.
… and second of all we’re going to go look for that 40 mph sign,Massey says.
Well you’re going to sign this first,Gardner says.
No I am not. I’m not signing anything.Massey says.Gardner tells Massey to
hop out of the car,then walks back to the hood of his patrol car, setting down his ticket book. Massey is close behind the trooper pointing toward the 40 mph speed limit sign he’d passed just before being pulled over.
Turn around. Put your hands behind your back,Gardner says. He repeats the command a second time as he draws his Taser and takes a step back.The trooper points the Taser at Massey who stares incredulously at him.
What the hell is wrong with you?Massey asks.Gardner repeats the command to
turn aroundtwo more times as Massey, with part of his right hand in his pants pocket, starts to walk back toward his SUV.
What the heck’s wrong with you?Massey can be heard asking as Gardner fires his Taser into Massey’s back. Immobilized by the weapon’s 50,000 volts, Massey falls backward, striking his head on the highway. The impact caused a cut on Massey’s scalp.—Geoff Liesik, Deseret Morning News (2007-11-21): Trooper’s Taser use pops up on YouTube
The newspaper account omits that at this point Massey is screaming in pain. While the cop kneels and handcuffs him, he gives Massey a lecture about how he should’ve followed my instructions.
Massey’s wife Lauren, who was seven months pregnant at the time, gets out of the SUV screaming and is ordered to get back in the vehicle or risk being arrested. Gardner handcuffs Massey and leaves him on the side of the highway while he goes to talk to Massey’s wife.
He’s fine. I Tasered him because he did not follow my instructions,Gardner explains to the audibly upset woman.
You had no right to do that!she responds.You had no right to do that!While Gardner is still talking to Lauren Massey, her husband gets to his feet and approaches the trooper from behind. Gardner takes the handcuffed man back toward his patrol car and again orders Lauren Massey to stay in her vehicle or risk being arrested.
Officer you’re a little bit excited. You need to calm yourself down,Jared Massey tells Gardner before being put into the trooper’s patrol car where he continues to demand an explanation for his arrest.—Geoff Liesik, Deseret Morning News (2007-11-21): Trooper’s Taser use pops up on YouTube
Gardner’s response was to sanctimoniously tell Massey, who never made any threatening motion, and who hardly even raised his voice until a weapon was pointed at him, that No, you’re a little excited, because you weren’t following my instructions.
As he marches Massey to the police car, and informs him that he’s going to jail,
Massey demands to be read his rights. The officer’s response is to threaten Massey with another shock from the taser. Please note that, at this point, Massey is already handcuffed and has done nothing other than talk back.
The video concludes with a demonstration of the cavalier buddy-buddy culture of policing:
When a backup officer arrives on the scene and asks Gardner what happened he tells them Massey
took a ride with the Taser.
Oh, how was it?the unidentified officer asks.
Painful, isn’t it?Gardner responds.—Geoff Liesik, Deseret Morning News (2007-11-21): Trooper’s Taser use pops up on YouTube
After they’ve finished jeering at their handcuffed victim, the other cop asks what happened, Gardner tells some plain lies about the sequence of events, and gets a clap on the back for his efforts. Meanwhile, the bellowing blowhard brigade chimes in in the reader comments:
This reminds me of what is wrong with America, and what, if not rectified will be the recipe for our demise. Respect. I could go on and on, but suffice it to say, I was taught to respect authority. That meant my elders, law-enforcement, teachers, whatever. Kids now have this sense of entitlement that is unmatched anywhere else on this Earth. They think that if they make a mistake they can just hit the ‘reset’ button like on their video game and start over. Well, life is not like that. There was once what is called the Greatest Generation. This is not it. What we have is the Worst Generation. No wonder other countries hate us. We are gluttons in every thing we do. This sniveling little brat needs the full measure of the law brought against him and that trooper needs a pat on the back for doing his job. I’m still dumbstruck by this. To have it called into question like the officer was in the wrong. WAKE UP MORONS! It’s not the teacher, the officer, the bus driver, or etc. IT’S YOUR KID.
—
Erick, 12:44 a.m., 21 November 2007Accept to sign the paper … Than between a trooper and a driver could be argue, misunderstand, etc. Next step to see a judge to have speeding charge or dismiss the ticket, which the judge, the driver and the trooper have neutral and work together. The trooper has a reason is protect himselif when the driver was too close to him. (the school or the trooper training trained him the rules).
—Anonymous, 6:17 a.m., 21 November 2007
Those officers out in the desert put their lives on the line every day. They don’t know when stopping someone if they are a housewife or a murderer. If an officer places you under arrest you don’t turn around and walk away. The guy was way out of line. Sign the ticket and fight it in court.
—
not right, 8:28 a.m., 21 November 2007I think releasing the video is Massey’s way of testing the waters for his lawsuit. But as he should see, he’s not getting everyone on his side. He started the who incident by his disobedience to an officer. He left the officer no choice, and a jury will see that.
—
Testing the waters, 9:04 a.m., 21 November 2007As for some requirement to show him the sign I have never heard of anything of the sort. The kid kept ranting about his rights. Funny. Too much tv for him
—
Relax, 9:44 a.m., 21 November 2007
Please also note that attempting to ask a police officer a question constitutes resisting police,
and that a 50,000-volt electric shock is just a natural consequence
of the resistance. Cops certainly haven’t any discretion in whether or not to escalate the use of force:
It amazes me that people think that they can resist police and expect to not suffer the consequences. The man was willfully disobeying a lawful command from an officer, and got tasered for it. Why should anyone be surprised? If it were otherwise, everyone would be non-compliant towards officers. If the guy felt that he was being ticketed erroneously, he should have fought his battle in the courtroom, not on the street.
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Jim, 7:42 a.m., 21 November 2007
Note that Gardner never, at any point in the video, claimed that anything that Massey did in the encounter was threatening or that he felt he had to defend himself. He explicitly stated, over and over again, to Jared Massey, to his wife, and to a fellow cop, not that the reason for his actions was self-defense, but that it was to coerce compliance. Gardner also never told Massey that he was under arrest until after knocking Massey to the ground with his taser. However, cop enablers are not about to let the mere evidence of their senses get in the way of fabricating excuses for police violence:
Everyone knows you can’t approach a cop from behind, especailly after you have refused to sign the ticket (which you have to do). Then you walk away when he tells you 4 times to put his hands behind his head. The taser wasn’t called for, and then the reason why he was getting pulled over was shady for sure. And the cop started to lie to the other officer in the video about what happended. Both in the wrong, but the kid posed a clear threat by walking behing the officer (twice in fact). STUPID!!!
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Both are in wrong!!, 7:32 a.m., 21 November 2007From the video I saw, the guy deserved it. He was ignoring orders, started to walk back to his car and started to put his right hand in his pocket. I can see why the officer wanted to end his refusal to obey right then. It’s easy to see that the officer might have been concerned that the guy was going to reach for a gun, or go get one from his car, or just get in his car and take off. Had the driver obeyed, there would have been no need for the Taser. But, looks to me like he asked for it. No sympathy from me.
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Deserved it, 8:41 a.m., 21 November 2007It is pretty apparent from the you tube video that the gentleman that was tasered was not cooperative with the officer. While he had a right to ask the questions he asked, he has a responsibility to follow the directions given him by police. I stand by the officer; when someone chooses to act the way this gentleman did, and place an officer in a situation where he may feel at risk, that person has to accept the consequences for his actions.
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Derek, 9:19 a.m., 21 November 2007Third, you start walking away from a cop that is telling you that you’re under arrest, expect something bad to happen.
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l, 10:11 a.m., 21 November 2007I think the officer was well within his rights to protect himself. When a command is given, you obey it? If you don’t then it is considered not compliance, then you fry them.
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Funny, 12:58 p.m., 21 November 2007
Meanwhile, an anonymous contemptuous thug asks:
OK all you couch-Cops, once the guy refused the cop’s orders and was walking back to his car, clearly to drive away, what do you think the cop should have done? Some how, some way, he had to keep the driver from doing that. Had he not, how do we know there wouldn’t have been a much more dangerous high-speed chase. It’s clear the guy wasn’t going to sign the ticket, and when you don’t do that, cops are instructed to arrest. The solution wasn’t to let the guy go free just because he disagreed. The driver caused this confrontation.
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Better suggestion, 9:00 a.m., 21 November 2007
Even if it were clear, which it certainly is not, that Massey intended to drive away, the notion that the cop Some how, some way … had to keep the driver from doing that
is completely preposterous. If he just drove off, then the cop can bloody well look up his license plate number and mail him the ticket. But the notion of letting a Bad Guy temporarily get away with a minor speeding infraction is so repugnant to the nature of both cops and their sycophants that no solution other than a 50,000-volt shock on the side of the road even comes to mind.
Meanwhile, while many commenters show a healthy outrage at Gardner’s obviously abusive behavior, most of them seem to feel compelled to pepper their statements with cavils about how Massey could have acted better, or about how I support police officers,
I have sympathy for the difficult situations policemen face,
both people behaved badly,
The public should be respectful of law enforcement as a matter of principle,
etc. etc. etc. Most of those who suggest a concrete penalty for Gardner suggest that he should be reprimanded, or re-trained, or reassigned to a desk job, or temporarily suspended, or perhaps even fired. To hell with that. The behavior of both Gardner and his fellow cops, based on the contents of the video and the laggard pace of the investigation, is despicable. Gardner should be indicted and prosecuted for assault and battery, and he should be forced to personally pay compensation for Massey’s pain and suffering.
If you’re baffled that cops could feel free to indulge in this kind of outrage, and that numerous fellow cops, prosecutors, and freelance bullies would rush to defend it, while even the opponents make only timid and isolated efforts at mild criticism, it may help to remember that in most of America, there is no such thing as a civil police force anymore. What we have instead would be better described as elite paramilitary cadres, often referred to as Troopers
and organized into a chain of command with military ranks, who are occupying what they regard as hostile territory. Here as elsewhere, the occupation forces are going to serve and protect us, whether we want them to or not, and if we don’t like it then they’ve got more than enough firepower to make sure they can protect the hell out of us all anyway.
