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Inquiry begins today |
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Written by Sherri Gallant
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Sunday, 18 October 2009 |
More than a decade after Darren Varley was shot dead by an RCMP constable in a Pincher Creek holding cell, a fatality inquiry into the events leading up to his death Oct. 3, 1999 is to begin this morning in Fort Macleod.
Former RCMP Const. Michael Ferguson was charged with second degree murder in the shooting of Varley, who was 26, after the prisoner grabbed his gun. Ferguson has always maintained that he acted in self defense. Two shots were fired, one which grazed Varley’s abdomen and would not have killed him, and the other which went through his head. He died later after being airlifted to a Calgary hospital.
Connie Varley, who is married to Darren’s brother Dale, was a fixture at all three trials for Const. Michael Ferguson — who was convicted of manslaughter at the third trial — and said she intends to be present for the duration of the inquiry, as well.
Provincial Court Judge Derek Redman will preside over the proceedings.
“We’ve never missed a court date yet,” said Varley, adding there are several recommendations the family hopes will come out of the inquiry, including a requirement for officers to lock their weapons away while in a detachment.
“It’s come to our intention that they’re still not using lock boxes,” she said. “It is a protocol but it isn’t. All the big cities strictly enforce the use of lock boxes but they are able to get away with it in smaller towns and Pincher Creek is still not using theirs. I’ve heard from a few people who’ve spent the night in the drunk tank.”
Varley said she’s looking forward to see how the judge will view police procedure in a number of instances on the night Darren was shot.
“We knew the fatality inquiry would come sooner or later, and once in a while we go through the transcripts just to refresh our memories. It’s right there, every day. And now that Ferguson’s on full parole, that’s a real tough pill to swallow.”
Ferguson, who lives in British Columbia now, did not return a phone call asking for comment.
Two weeks are needed for the inquiry. This week in Fort Macleod, civilian witness and expert testimony is expected to be heard. The second week — when Ferguson is expected to appear by video link — isn’t scheduled to begin until April 9, 2010.
“There’s not much we can do any more,” Varley said.
“A lot of bad memories come up. Once this is over, we’re hoping for peace, as long as Ferguson stays away. With him on parole, and he probably still has friends in Pincher, and if we had to see him again it would bring it all back again.”
The Varley family had a restraining order against Ferguson, which expired when his parole was complete.
Ferguson was tried three times — 2001, 2003 and 2004 — the first two ending in hung juries. His manslaughter conviction brought a sentence of two years less a day of house arrest, after being granted a Constitutional exemption from the mandatory four-year minimum jail term for manslaughter with a firearm. The decision was overturned by the Alberta Court of Appeal and Ferguson served some time at a minimum-security institution near Victoria, getting credit for the time he served under house arrest.
He was granted full parole in December, 2006.
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