Killing of Darren Varley: Difference between revisions
Plasma east (talk | contribs) mNo edit summary |
Plasma east (talk | contribs) m →Death |
||
| Line 4: | Line 4: | ||
==Death== |
==Death== |
||
On 2 October 1999, Varley had finished work for the day and headed to a local pub where he was to meet his sister. After several hours of drinking, Mr. Varley had become intoxicated. At the same bar, RCMP Constable Michael Ferguson had just finished taking two potential recruits for a ride in his [[police car]], showing them his patrol area. Const. Ferguson dropped the potential recruits off just an hour before the pubs closed at 3 AM, according to the [[Crown |
On 2 October 1999, Varley had finished work for the day and headed to a local pub where he was to meet his sister. After several hours of drinking, Mr. Varley had become intoxicated. At the same bar, RCMP Constable Michael Ferguson had just finished taking two potential recruits for a ride in his [[police car]], showing them his patrol area. Const. Ferguson dropped the potential recruits off just an hour before the pubs closed at 3 AM, according to the [[Crown attorney]] frustrated they had expressed boredom with the patrol. At that time, Const. Ferguson received a call from the RCMP dispatcher based in [[Red Deer, Alberta|Red Deer]] about an intoxicated complainant, Darren Varley, who was reporting a missing person. |
||
Mr. Varley, intoxicated, had given the RCMP dispatcher the first statement on what he believed (incorrectly) to be a missing woman named "Chandelle". Const. Ferguson decided to arrest Darren Varley for public drunkenness and bring him to the local RCMP detachment. While booking Mr. Varley into a holding cell at the detachment, Const. Ferguson alleged that Mr. Varley pulled his bullet proof vest over his head and gained momentary control of his service handgun through what experts testified was a little known defect in the holster design. During the struggle with Const. Ferguson, Mr. Varley was shot once in his mid-section and once in his head (near his ear). |
Mr. Varley, intoxicated, had given the RCMP dispatcher the first statement on what he believed (incorrectly) to be a missing woman named "Chandelle". Const. Ferguson decided to arrest Darren Varley for public drunkenness and bring him to the local RCMP detachment. While booking Mr. Varley into a holding cell at the detachment, Const. Ferguson alleged that Mr. Varley pulled his bullet proof vest over his head and gained momentary control of his service handgun through what experts testified was a little known defect in the holster design. During the struggle with Const. Ferguson, Mr. Varley was shot once in his mid-section and once in his head (near his ear). |
||
Revision as of 17:06, 23 January 2008
Darren Varley (1973-1999) born in Pincher Creek, Alberta was a truck driver who lived in his hometown for his entire life. He was
Death
On 2 October 1999, Varley had finished work for the day and headed to a local pub where he was to meet his sister. After several hours of drinking, Mr. Varley had become intoxicated. At the same bar, RCMP Constable Michael Ferguson had just finished taking two potential recruits for a ride in his police car, showing them his patrol area. Const. Ferguson dropped the potential recruits off just an hour before the pubs closed at 3 AM, according to the Crown attorney frustrated they had expressed boredom with the patrol. At that time, Const. Ferguson received a call from the RCMP dispatcher based in Red Deer about an intoxicated complainant, Darren Varley, who was reporting a missing person.
Mr. Varley, intoxicated, had given the RCMP dispatcher the first statement on what he believed (incorrectly) to be a missing woman named "Chandelle". Const. Ferguson decided to arrest Darren Varley for public drunkenness and bring him to the local RCMP detachment. While booking Mr. Varley into a holding cell at the detachment, Const. Ferguson alleged that Mr. Varley pulled his bullet proof vest over his head and gained momentary control of his service handgun through what experts testified was a little known defect in the holster design. During the struggle with Const. Ferguson, Mr. Varley was shot once in his mid-section and once in his head (near his ear).
As a result of his gun shot wounds, Mr. Varley encountered severe breathing difficulty. Const. Ferguson admits to running to grab a camera and take photographic evidence prior to alerting an ambulance and his superiors that Mr. Varley had been shot and severely injured.
Mr. Varley was subsequently airlifted to a Calgary hospital where he was pronounced dead.
Investigation and trial
Two attempts were made by the Crown Prosecutor to try Const. Ferguson for the murder of Mr. Varley, both of which ended in mistrials from hung juries. The Crown Prosecutor made a third attempt in trying Const. Ferguson for manslaughter and was successful in achieving a guilty verdict, five years after Mr. Varley's death.[1]
The mandatory sentence for manslaughter in Canada, is a 4-year closed prison term in incidents involving a firearm. The presiding judge, Justice Hawko, ruled to make a constitutional exemption to the firearm clause because the RCMP service handgun was present as a result of Const. Ferguson's duties as an RCMP officer, thereby allowing Const. Ferguson to serve a sentence of 2 years, less a day, in his home. Justice Hawko came to the conclusion that Const. Ferguson fired the first shot in self defense, but the second shot was unnecessary.
Justice Hawko stated in his Reasons for Judgement:
"If I were to place Mr. Ferguson on this ladder of moral culpability, given the facts which the jury must have concluded, he would be on the very lower rungs."
After the ruling was handed down, Const. Ferguson exclaimed that he was "delighted" that he will not have to spend a single day in custody, claiming that he feared what would happen to him as a police officer, should he have had to serve a sentence in a correctional institution. His lawyer repeated Const. Ferguson's fear of serving a sentence in a correctional institution and expressed relief on behalf of his client.
Controversy
The family and friends of Mr. Varley expressed outrage, anger and shock that Const. Ferguson received what they perceived to be a light sentence for the death of Mr. Varley. The Crown Attorney also mentioned that there was "a pro-Police bias in Alberta."
Sentence overruled
On 26 September 2006, the Alberta Court of Appeal overruled Justice Hawko's decision to allow Const. Ferguson the opportunity to serve his 2-year sentence at home. The court ruled that Const. Ferguson must serve a 4-year term in a correctional institution. [2]
Given his time already served under house arrest, the family and friends of Mr. Varley expressed disappointment that Const. Ferguson could be granted an immediate parole since the 2-year house arrest could be credited to his prison sentence.
The Supreme Court of Canada is scheduled to review the Alberta Court of Appeal ruling. [3]