posted on Nov, 21 2007 @ 04:21 PM
I'm new to this site. Seems like a cool site though.
I wanted to state my opinion regarding the above incident. I'm no attorney, but, I don't think it truly requires one in this case. I think we have
an issue of power with regards to the trooper. Some may say that the this young man was defiant, others may say he was simply asking good questions.
I've heard both sides from friends of mine in law enforcement...the bottomline, the trooper has the burden of proof after he makes the claim.
Certainly in a court of law, but also the trooper must properly explain to the the alleged party why he or she is being pulled over or detained. In
this case, the trooper said..."You're speeding"..."ok, I beg to differ...tell me how fast I was going." You notice the officer refused to tell
him? That's because the alleged speeder was never actually clocked. That was the question that set things in motion for the trooper. I don't know
UTAH state law...but refusal to sign the ticket means you might get cited for refusing to sign, and that's the extent. Some states don't even have
the alleged 'wrongdoer' sign. So, again, that's a State by State issue. Arresting someone who doesn't sign citation, even though it's within
bounds, doesn't mean it should happen
What's really in question here is the excessive use of force. I think it was very obvious in this case that this was excessive use of force.
According to FOXnews..."The Utah Highway Patrol has a nine-page policy on Taser use, including in instances where "a subject is threatening himself,
an officer or another person with physical force, and when other means of controlling the subject are unreasonable or could cause injury to the
officer, the subject or others."
Had the officer knocked the chip off his shoulder and answered a couple of questions then this never would have escalated.
It was stated that he refused to obey the officers command...maybe and maybe not. This kid doesn't know what's about to go down. One minute he's
being pulled over for speeding, the next he in his mind has a pistol drawn on him (I seriously doubt this kid can decipher the difference of a pistol
and the taser at this point)...he's scared and backing off. That's what I see. He turns his back and the officer tased him. The trooper obviously
was in no eminent harm or danger...you can't go around shooting people in their backs either. I don't care who you are and what it's with.
So, he gets tased for turning his back on a trooper.
Here's what's going to happen...the alleged speeder will be released from his ticket, because he has an attorney. The attorney will call into
question the accuracy of the radar. If for some one reason the trooper can prove it's accuracy, well then he'll have to prove the actual clocked
However, he will be found guilty of refusing to sign a citation (assuming it's criminal not to sign). The court might go as far as to find him
guilty of resisting arrest, but then again, the prosecutor will likely drop those charges because of the media attention.
As far as the internal investigation, the trooper will recieve a verbal reprimand...and that'll be it. It's sad, but true.
Sorry this is so long!