Gwendolyn Richards and Jamie Komarnicki (Calgary Herald) – Ten years after a man was killed by an RCMP officer in a Pincher Creek jail cell, the fatality inquiry into his death is finally underway.
Darren Varley, 26, was arrested and then shot by RCMP constable Mike Ferguson in October 1999.
The fatality inquiry, being held in Fort Macleod, started this morning with retired sergeant Perry Kuzma of Calgary RCMP major crimes unit, which conducted the criminal investigation into the death.
Kuzma has been on the stand all morning reviewing the investigation, which included a video re-enactment of the incident by Ferguson that will be shown this afternoon.
Other witnesses expected to testify this week include homicide detectives and medical experts.
Ferguson is likely to testify during the second week of hearings scheduled for December 3 and 4, although family members of Varley have suggested the second week of the inquiry won’t be held until 2010.
The inquiry comes a decade after Varley’s death because it couldn’t begin until all of the criminal proceedings in the case were complete.
On Oct. 3, 1999, Ferguson arrested Darren Varley in Pincher Creek for public intoxication. In an altercation that followed in the jail cell, Ferguson shot and killed Varley.
The death sparked a lengthy legal saga that resulted in two hung juries before Ferguson was found guilty of manslaughter.
The former Mountie was given a four-year sentence but was granted full parole after serving two months behind bars.
Since then, the town of Pincher Creek has made a number of improvements to the local jail, such as equipping the new detachment’s cellblock with closed-circuit surveillance.
Family members of Varley suggest several other changes are still needed, including improved transparency around how investigations
into police-related shootings are handled. They’ve also questioned whether changes have been made to enforce policies prohibiting officers from bringing sidearms into the cellblock.
RCMP Cpl. Wayne Oakes declined to comment directly on any changes that may have been made because of Varley’s death, in order not to influence the fatality inquiry’s process.
But he indicated that, in general, some changes have taken place in the past 10 years.
“At the time that incident took place, there was nothing prohibiting an officer from taking his or her sidearm into the cellblock,” said Oakes. “There have been changes to the policy since then.”
Mounties will monitor the hearing and take into account any recommendations it may result in, he said.
The inquiry is scheduled for two weeks.
It could lead to recommendations on how to avoid similar incidents.
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