By Kevin Murphy
For the Times
DARLINGTON - A former state park ranger from Argyle charged in connection with allegedly pointing a firearm at a motorcyclist made his initial court appearance this week in Lafayette County Circuit Court.
Bernard Mark Garvey was ordered to keep any firearms in his possession in a locked cabinet with the key held by his attorney Anne Bensky. After appearing before Judge William Johnston on Monday, Garvey was booked at the county jail and released on his own recognizance.
Garvey, 53, was charged earlier this year with misdemeanor endangering safety with the use of a dangerous weapon. Garvey allegedly pointed his service revolver at Michael Parrott after struggling with Parrott who entered Yellowstone State Park on Aug. 18 without a permit sticker for his motorcycle.
According to the criminal complaint:
After driving into the park, Parrott approached Garvey about obtaining a permit and told him he was going to try and get one. Parrott said Garvey then advised him about not running from him, and Parrott replied he would get a permit.
As Parrott walked away, Garvey tapped Parrott on the shoulder and attempted to take him down. Parrott admitted struggling with Garvey at first but was handcuffed by Garvey and seated at a picnic table. Parrott slipped his cuffed hands from behind his back to in front of him which prompted Garvey to touch the barrel of his gun to the chin guard of Parrott's helmet and say, "give me a reason."
In his incident report, Garvey claimed battery in his confrontation with Parrott. Garvey wrote that he tried to remove the keys from Parrott's running motorcycle and Parrott grabbed his hand. However, according to Capitol Police detective Ed Bardon, who investigated the incident, Garvey didn't mention Parrott's grabbing of his hand when telling a park co-worker immediately after the incident. Also, Garvey told a Lafayette County investigator that Parrott turned off his motorcycle and didn't try to keep Garvey from taking the keys.
Garvey wrote that early in his encounter he noticed Parrott had a folding knife but later told investigators that he didn't notice the knife until after he had Parrott secured.
Garvey's inconsistent statements caused Bardon to report that Garvey tried to express greater concern about the dangerousness of Parrott when in fact Parrott's conduct was largely compliant.
Bardon also wrote that placing the gun barrel to Parrott's chin guard amounted to excessive force under these circumstances. Instead, typical procedure when a vehicle is in the park without a permit sticker calls for a ranger to leave a "courtesy notice" on the vehicle to give the individual a reasonable amount of time to resolve the issue, Bardon wrote.
Garvey violated the DNR's force policy and didn't have the right to point a gun at Parrott, Bardon wrote.
Garvey has been relieved of duties, according to a DNR spokesman.
A scheduling conference has been set for May 1.
Bensky wasn't available for immediate comment on the case Wednesday.
If convicted of endangering safety, Garvey faces maximum penalties of nine months in jail and a $10,000 fine.
For the Times
DARLINGTON - A former state park ranger from Argyle charged in connection with allegedly pointing a firearm at a motorcyclist made his initial court appearance this week in Lafayette County Circuit Court.
Bernard Mark Garvey was ordered to keep any firearms in his possession in a locked cabinet with the key held by his attorney Anne Bensky. After appearing before Judge William Johnston on Monday, Garvey was booked at the county jail and released on his own recognizance.
Garvey, 53, was charged earlier this year with misdemeanor endangering safety with the use of a dangerous weapon. Garvey allegedly pointed his service revolver at Michael Parrott after struggling with Parrott who entered Yellowstone State Park on Aug. 18 without a permit sticker for his motorcycle.
According to the criminal complaint:
After driving into the park, Parrott approached Garvey about obtaining a permit and told him he was going to try and get one. Parrott said Garvey then advised him about not running from him, and Parrott replied he would get a permit.
As Parrott walked away, Garvey tapped Parrott on the shoulder and attempted to take him down. Parrott admitted struggling with Garvey at first but was handcuffed by Garvey and seated at a picnic table. Parrott slipped his cuffed hands from behind his back to in front of him which prompted Garvey to touch the barrel of his gun to the chin guard of Parrott's helmet and say, "give me a reason."
In his incident report, Garvey claimed battery in his confrontation with Parrott. Garvey wrote that he tried to remove the keys from Parrott's running motorcycle and Parrott grabbed his hand. However, according to Capitol Police detective Ed Bardon, who investigated the incident, Garvey didn't mention Parrott's grabbing of his hand when telling a park co-worker immediately after the incident. Also, Garvey told a Lafayette County investigator that Parrott turned off his motorcycle and didn't try to keep Garvey from taking the keys.
Garvey wrote that early in his encounter he noticed Parrott had a folding knife but later told investigators that he didn't notice the knife until after he had Parrott secured.
Garvey's inconsistent statements caused Bardon to report that Garvey tried to express greater concern about the dangerousness of Parrott when in fact Parrott's conduct was largely compliant.
Bardon also wrote that placing the gun barrel to Parrott's chin guard amounted to excessive force under these circumstances. Instead, typical procedure when a vehicle is in the park without a permit sticker calls for a ranger to leave a "courtesy notice" on the vehicle to give the individual a reasonable amount of time to resolve the issue, Bardon wrote.
Garvey violated the DNR's force policy and didn't have the right to point a gun at Parrott, Bardon wrote.
Garvey has been relieved of duties, according to a DNR spokesman.
A scheduling conference has been set for May 1.
Bensky wasn't available for immediate comment on the case Wednesday.
If convicted of endangering safety, Garvey faces maximum penalties of nine months in jail and a $10,000 fine.