Ex-Mountie given new sentence, to be served in prison

Last Updated: Tuesday, September 26, 2006 | 11:12 AM MT

CBC News

A former RCMP officer convicted of manslaughter has been handed a four-year prison sentence by the Alberta Court of Appeal.

Mike Ferguson fatally shot prisoner Darren Varley during a scuffle in a police holding cell in Pincher Creek in 1999. Varley, 26, was shot in the stomach and the head.

Mike Ferguson was given a a four-year prison sentence.
(Canadian Press)

Ferguson was given a two-year conditional sentence in 2004, but Alberta's highest court ruled Monday that he must serve the mandatory four-year prison term.

Don Macleod, the Calgary lawyer whose firm has been representing Ferguson, said the ex-Mountie has been living in British Columbia, but will soon return to Alberta to present himself to the authorities.

An appeal to the Supreme Court of Canada is likely, he added.

"The result is one that has been disappointing to him. It has been a long and arduous road for all concerned," said Macleod.

One of the judges on the three-judge panel that heard the case issued a dissenting judgment Monday, agreeing that Ferguson deserved a rare constitutional exemption.

The Ferguson case:

Oct. 3, 1999 - Darren Varley arrested for public drunkenness and taken to the RCMP's holding cell in Pincher Creek. He is shot in the stomach and head, and dies. April 10, 2000 - Const. Mike Ferguson is charged with second-degree murder. Oct. 15, 2001 - First trial begins, after five-month delay caused when Ferguson changes lawyers. Nov. 9, 2001: After 35 hours, jury says it can't agree on a verdict. Dec. 17, 2001: Alberta Justice decides to try Ferguson a second time. April 23, 2003: Second trial begins, had been delayed six months after Ferguson changed lawyers. May 15, 2003: After 28 hours, jury says it can't agree on a verdict. June 5, 2003: Alberta Justice decides to try Ferguson a third time. Sept. 8, 2004: Third trial begins, delayed by defence motions to have the case thrown out and Crown motions to have the trial moved from Lethbridge. Sept. 30, 2004: After 13 hours, jury finds Ferguson guilty of manslaughter, not guilty of second-degree murder. Dec. 10, 2004: Ferguson given a two-year conditional sentence.

'Not above the law'

Connie Varley, the victim's sister-in-law, says the family is pleased Ferguson's sentence has been lengthened and that he may have to go to prison. However, the family expects an appeal will be filed, Varley said.

"The RCMP are not above the law … that was a huge deal to us."

In 2004, Court of Queen's Bench Justice Ged Hawco gave Ferguson two years less a day to be served in the community, using a rare constitutional exemption to order a sentence below the minimum four years required in manslaughter convictions where a gun is used.

Hawco told the court he believed Varley, who had been arrested for public drunkenness, tried to grab Ferguson's gun that night. Ferguson feared for his life, Hawco concluded.