Former RCMP officer Mike Ferguson has been given a conditional sentence for the shooting death of a prisoner, which means he will spend no more time in jail and be home in time for Christmas.

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. 5, 2000 - Ferguson is committed to stand trial on the charge. 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.

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.

The sentence angered the family of Darren Varley, who was shot in the stomach and the head in the holding cell of the Pincher Creek RCMP detachment during a scuffle five years ago.

Hawco told a hushed courtroom that he is "aware of the grief and anger of the victim's family. There is no sentence that will get rid of that."

But he said he believes the 26-year-old Varley, who had been arrested for public drunkenness, tried to grab Ferguson's gun that night.

Ferguson feared for his life, Hawco concluded.

"You show me one piece of forensic evidence that shows me that Darren ever, ever had his finger on that gun and maybe I would compromise," sister-in-law Connie Varley said. "But there is not one physical piece of evidence."

Ferguson, 50, will spend the first 12 months of the sentence under house arrest in Kamloops, where his family now lives. He must also perform 500 hours of community service.

"I'm so pleased," Ferguson's wife Lynette said. "I can take my husband home and his boys are so grateful to have their daddy coming home for Christmas."

Ferguson has been in jail since a jury convicted him Sept. 30.

The sentencing brings to a close a case that began five years ago and took three trials to reach a conclusion. There were hung juries in Ferguson's first two trials.

Before the third trial began, defence lawyer Earl Wilson tried to get it thrown out, while Crown Rick Saull wanted it moved from Lethbridge. Hawco denied both motions.

The Crown had argued that Ferguson shot Varley in a fit of rage. Ferguson said it was self defence, after Varley pulled his bullet-proof vest over his head and tried to grab his gun.

Ferguson was called to the hospital early in the morning of Oct. 3, 1999 because an intoxicated Varley was confused about where his fiancee was and mistakenly thought she'd been abducted. The two scuffled in the hospital, and Ferguson arrested him.

There was a second scuffle at the jail, with Ferguson saying Varley grabbed for his gun.

A jury found him guilty of manslaughter in September, but not guilty of second-degree murder.

During sentencing, Wilson had argued for the constitutional exemption, saying that as a police officer his client was required to carry a gun. He also said keeping Ferguson in jail would be cruel and unusual punishment, because he would be in protective custody, confining him in a cell for 23 hours a day.

Saull had asked for a six-year sentence, arguing a conditional sentence would outrage the public.

Friday, Saull said it was too soon to decide whether the Crown will appeal the sentence.

Thursday, Varley's family delivered emotional impact statements, describing how their lives have changed since his death.

"My heart has been torn apart," Jack Varley said.

Ferguson, who had been a Mountie for almost 20 years, resigned from the RCMP Wednesday.