Killing of Darren Varley
Darren Varley (1973-1999) born in Pincher Creek, Alberta was a truck driver who lived in Pincher Creek, Alberta his entire life. On October 2nd, 1999, he had just finished a long day at work and headed to a local pub where he was to meet his sister. After several hours of drinking, Mr. Varley had become incredibly intoxicated. At the same bar, RCMP Constable Michael Ferguson had just finished taking two young future officers for an extensive ride in his police car, showing them the ins-and-outs of the area. Dropping them off just an hour before the pubs close at 3 AM, and said by the Crown to be frustrated they had expressed boredom, Ferguson received a call by the Red Deer police department about an injured woman at a local hospital.
Mr. Varley, intoxicated, had given the RCMP detachment the first statement on how the injured woman, Chandelle, had hurt herself. Constable Ferguson, now decides to arrest Darren Varley and bring him to the local police detachment. While at the police department, and booking Varley into the last jail cell, Constable Ferguson claims that Varley pulled his bullet proof vest over his head and lunged for his pistol. At this time Darren Varley is shot once in the mid section, the 2nd shot is pierces his head just between his ear and skull. At this point Mr. Varley is breathing with severe difficulty, while Constable Ferguson admits to at this time running to grab a camera and take photographs before alerting an ambulance that Mr. Varley has been shot and severely injured. Mr. Varley was airlifted to a Calgary hospital where he was pronounced dead.
Outcome and Court Verdict
After two attempts by the Crown which both ended in mistrials to try Michael Ferguson for the killing of Darren Varley, a third attempt was made to try him for manslaughter. 5-years after the killing of Mr. Varley, Constable Michael Ferguson was found guilty of killing Darren Varley and convicted of manslaugter. [1]
The mandatory sentence for manslaughter in Canada, is a 4-year closed prison term. Justice Hawko, ruled to make a constitutional exemption and allow Michael Ferguson to serve an exceptional 2-year less a day term in the comfort of his own home. Justice Hawko came to the conclusion that Michael 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, Michael Ferguson exclaimed that he was, "delighted," that he will not have to spend a single day in custody- saying that he feared what would happen to him if he had to do jail time. His lawyer had said he was terrified of being sent to prison and is very relieved that he will not have to worry about this anymore.
Controversy
Family and friends of Darren Varley expressed outrage, anger and shock that Constable Ferguson received such a light sentence for being responsible for the death of Varley. The Crown of Attorney accused the court of having, "a pro-Police bias in Alberta."
Sentence overruled
On September 26th, 2006, the Alberta Court of Appeal overruled Justice Ged Hawko's decision to allow Ferguson the opportunity to serve his sentence at his house. The court ruled that Ferguson must serve a 4-year prison term. [2] Family and supporters of Darren Varley expressed disappointment that he may be granted nearly immediate parole, having considered to have served nearly 2-years under house arrest which would be credited to his prison sentence. The Supreme Court of Canada is scheduled to review the Appeal Court ruling. [3]
See Also