The confrontation on Sept. 14 between UHP Trooper Jon Gardner and Vernal resident Jared Massey was viewed by thousands after it was posted on the Web site, YouTube.
Zapping Massey wasn't criminal, according to a review recently completed by the Tooele County Attorney's Office.
"Applicable Utah state law allows for the level and degree of force deployed in this matter to effectuate an arrest," the attorney's office stated in its report to the Utah Attorney General's Office. "Trooper Jon Gardner did not commit a violation of a Utah criminal statute when deploying his Taser."
Gardner stopped Massey about 10 a.m. on U.S. Highway 40 for driving 61 mph in a 40 mph zone. Massey argued with Gardner about his speed and then refused to sign the citation. Gardner then asked him to get out of his car.
When he followed Gardner back to his patrol vehicle and then refused to put his hands behind his back, Gardner shocked him with the Taser. He was zapped a second time while lying on the ground after refusing a second time to roll over and place his hands behind his back, the report states.
The investigation included reviewing incident and Taser deployment reports, video transcripts, Gardner's training records, photos of Massey's injuries, video of the traffic stop, Utah state statutes and other materials.
It concluded that Massey did not obey Gardner's repeated orders to put his hands behind his back and "use of force was reasonably necessary" in arresting him.
The scope of the Tooele County Attorney's Office review was to determine only whether Gardner could be charged with a crime.
"This office has determined that the trooper's use of force was 'lawful' and therefore the elements of assault cannot be established," the report states.
The Highway Patrol exonerated Gardner in November of any wrongdoing. Massey, in turn, filed a civil lawsuit accusing Gardner of violating his civil rights.
Massey did plead guilty in January to speeding in Uintah County Justice Court and agreed to pay a $107 citation.
jbergreen@sltrib.com
