[stop-polabuse] Mountie charged with murder (Calgary, Alberta)
seah...@odyssee.net
Mountie charged with murder
By REG CURREN -- The Canadian Press
CALGARY -- A decision to charge a veteran RCMP constable with second-degree
murder in the shooting death of a man in police cells should uphold the
public's confidence in the force, says one of Alberta's top Mounties.
Const. Mike Ferguson, a 19-year member of the RCMP, appeared in court
Monday in Lethbridge, Alta., but entered no plea. Ferguson, who has been
suspended from duty since the shooting, was released on his own
recognizance and will be back in court May 1.
Darren John Varley, 26, was shot in the head and abdomen during a struggle
with an officer at the detachment in Pincher Creek, Alta., on Oct. 4, 1999.
Chief Supt. Rick Bowlby, the RCMP's second in command in Alberta, said the
investigation was conducted by the Calgary RCMP's major
crimes unit and reviewed by an out-of-province Crown counsel from Saskatoon.
"The process works. Something happened. The investigation was done and the
evidence was put forward and this was the recommendation," Bowlby said.
"Now we'll wait for the court system to determine the outcome.
"I don't think this should affect the public's confidence (in the RCMP) at
all."
Varley's sister-in-law, Connie, said the family is relieved a charge has
been laid.
"It just confirms what we've thought all along," she said. "Darren was not
a violent person.
"The minute we heard that there was a possibility of a struggle or him
getting the gun, we knew it wasn't right."
Bowlby acknowledged it was a difficult day for the force, saying he has
never seen an on-duty officer charged with murder.
"It's not a pleasant situation to be in, but we are part of the Canadian
justice system like anyone else."
Connie Varley said the family was told that Crown attorneys in both
Saskatchewan and Manitoba supported the decision to charge Ferguson. The
case will be handled by Matthew Miazga from the Saskatoon Crown
prosecutor's office.
The family hired a lawyer and private investigator "to put pressure on
them, just keeping track of things," said Dale Varley,
Darren's brother.
He said he's satisfied with the police investigation.
"I had a big weight off my shoulders," he said. "They've proven themselves
to be what they say they are. There doesn't seem to be any coverup or
anything."
At the time of the shooting, a female friend who asked not to be identified
said Varley had gone to Pincher Creek hospital early on Oct.
3 to visit a friend who had been beaten up in a fight
outside a local bar.
Varley, a lifelong resident of the southern Alberta town who hauled cattle
for a living, called police from hospital to report the fight.
A police officer and Varley got into an altercation at the hospital and the
officer arrested Varley for being drunk in a public place.
Back at the detachment cells a second fight broke out, during which two
shots were fired.
He was airlifted 170 kilometres to a Calgary hospital, where he died.
But Connie Varley said Darren wasn't drunk the night of the shooting. She
said the family had been out celebrating his marriage engagement.
Bowlby said the force is reviewing the policy governing officers and
whether they can carry guns into cells.
"We're always reviewing situations that occur," he said. "There is nothing
clearly stated in policy. Each detachment can put in place
their own policy."
At one time, RCMP policy prohibited officers from wearing firearms in a
cell area but that changed when the force began using the 9-mm Smith &
Wesson sidearm. He said safety features on the gun and holster led the
force to believe it could be carried in cell areas.
Bowlby played down any suggestion of a serious rift between the force and
the community of Pincher Creek.
"Right now the attention is on that area. We may have other places in the
province where if we went and looked back there have been a
number of incidents there," said Bowlby. "I wouldn't say there is anything
different in Pincher Creek."
Varley's death was the last in a string of violent incidents to hit Pincher
Creek over several years. The spate put the town on edge.
In December 1997, Fort Macleod RCMP Sgt. Peter Sopow, 52, and friend
Lorraine McNab, 45, were found dead in a trailer on her acreage. Police
believe they were ambushed and shot with a .22-calibre rifle.
In January 1999, Melinda White, 31, disappeared after leaving a downtown
bar. Her body was discovered by horseback riders four months later next to
a creek.
The owner of Leo's Pub, where Varley spent time in the hours before he was
shot, said he was pleased a charge had been laid in the case.
Leo Wong said he was with Varley the night before he died, helping him
celebrate his engagement. Varley was to have been married this Saturday,
said Wong.
"Darren was one of my best friends and customers," said Wong. "We've been
getting so frustrated. We know we still have a long way to go, but we are
happy with what happened.
"Justice must be served. We are happy something has been done."
Wong said there has been some friction between police and residents since
the Varley shooting.
"A lot of people in Pincher Creek have lost faith in the cops," said Wong.
Others in the community expressed support for Ferguson and the RCMP.
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