Darren Varley
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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, Varley had become incredibly intoxicated. At the same bar, RCMP Constable Michael Ferguson had just finished taking two future officers for an extensive ride in his police car, showing them the ins-and-outs of the area. He dropped them off just an hour before the pubs closed at 3 AM, according to the Crown. Ferguson received a call from the RCMP dispatcher based in Red Deer about an intoxicated complainant, Darren Varley, reporting a missing person.
Varley, intoxicated, had given the RCMP dispatcher the first statement on what he believed (incorrectly) to be a missing woman, Chandelle. Constable Ferguson, decided to arrest Darren Varley for public drunkenness and bring him to the local police detachment. After being placed in the police car, Constable Ferguson investigated the missing person report, Darren Varley kicked out the window (Reason for Judgement, s.11) and attempted to slide out of the vehicle. While at the police department, and booking Varley into the last jail cell, Constable Ferguson claimed that Varley pulled his bullet proof vest over his head and gained momentary control of his pistol through what experts testified was a little known defect in the holster design. At this time Varley was shot once in the mid section, the 2nd shot piercing his head just between his ear and skull. Varley, now breathing with severe difficulty, is left wounded on the floor while Constable Ferguson runs to grab a camera and take photographs before alerting an ambulance that Varley had been shot and severely injured. Varley was airlifted to a Calgary hospital where he was pronounced dead.
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[edit] Outcome and Court Verdict
After two attempts by the Crown which both ended in mistrials from hung juries 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 Darren Varley, Constable Michael Ferguson was found guilty of killing Varley and convicted of manslaugter. [1]
The mandatory sentence for manslaughter in Canada, is a 4-year closed prison term in incidents involving a firearm. Justice Ged Hawko, ruled to make a constitutional exemption to the firearm clause because the police revolver was present as a result of Constable Ferguson's duties and allow Michael Ferguson to serve an exceptional 2-year less a day term in 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."
[edit] 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."
[edit] 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]
[edit] See Also
[edit] References
R. v. Ferguson, ABQB 928 (2004).
