On Feb. 27 a criminal complaint was filed in Lafayette County Circuit Court charging Bernard Mark Garvey, 52 of Argyle, with one count of intentionally pointing a firearm at a person, a class A misdemeanor punishable by a fine not to exceed $10,000 or imprisonment not to exceed nine months or both.
The incident reportedly occurred on June 18, 2011, and stemmed from the individual not having a state park sticker on his motorcycle.
The complaint alleges that Garvey was acting as a park ranger at the Yellowstone State Park located in Lafayette County when he came in contact with an individual who was in the park. A dispute arose with the individual, which led to his arrest. The individual, after struggling with the defendant, was handcuffed and placed on a picnic table. This individual then slipped the handcuffs to the front of his body and the defendant drew his service weapon and approached the individual placing the gun against the face shield of the individual’s motorcycle helmet.
It is alleged that this action was not an authorized use of force by the defendant. An initial appearance is scheduled for April 2 at 11 a.m. in the Lafayette County Circuit Court at the Lafayette County Courthouse located in Darlington. The state is represented by assistant attorney general Richard J. Dufour. The case will appear before Judge William D. Johnston.
While the defendant is charged with a criminal offense, he is presumed innocent and the state will have to prove his guilt beyond a reasonable doubt at a trial.