Exclusive – Cobourg Cop Killer Starts Process For Faint Hope Clause

Pete Fisher
5 years ago
• Categories: Editor Choice, Local

Exclusive – A convicted cop killer has started an application process to hopefully get his freedom after serving only 15 years of a life sentence.
Troy Davey was 18-years-old at the time when he brutally murdered Cobourg Police Constable Chris Garrett on May 15, 2004.

The jury convicted Davey of first degree murder on February 22, 2007 in Cobourg Court.

Numerous sources have told Today’s Northumberland that Davey has started the process under the “faint hope clause.”

It was around 3:15 a.m. when Cobourg Police dispatch received a 9-1-1 call from Davey. It was a particularly dark evening with a slight, steady rain.

Davey stated he was at the former hospital parking lot on Chapel Street and had just been robbed at knife point.

Davey had never been in trouble with the law before this. As Garrett was taking information from Davey and writing it in his notebook in the parking lot. Davey slashed Garrett’s throat and ran.

Though suffering from a mortal wound, Garrett ran after his attacker firing his service weapon. Evidence gathered at the scene that was later brought forward at Davey’s trial stated it was likely Garrett’s final shot that struck Davey in the leg.

Police dispatch radioed Garrett about numerous shots being heard in the area, but Garrett never responded.

The only three officers left working in the town that evening converged on the former hospital and found Garrett’s lifeless body near the sidewalk.

Davey would walk up to the Centre of Individual Studies on D’Arcy Street, just south of where the Cobourg Community Centre is now. He’d call his mother who picked him up and drove him to the hospital to be treated for the bullet wound to the leg.

It was there where members of the Cobourg Police arrested him.

In the following days, a search warrant was conducted on Davey’s Chapel Street residence. Police found homemade napalm and other devices including aerosol cans with duct tape around them and nails sticking out of the duct tape. A manifesto that included his plans stated, “chaos is coming.”

Davey had an elaborate plan to not only murder one officer who took the information about the phoney robbery, but to also blow up a gas station and kill officers as they exited the police station. He was to make his final stand at Northumberland Mall.

But because of Garrett’s final actions, Davey was arrested, charged and convicted by jury of first degree murder on February 22, 2007. Davey tried to appeal his conviction, but it didn’t work.

A first degree murder conviction means a person will serve anywhere from 25-years in prison to life.

It would mean Davey would not be eligible for any type of release until May 2029.

But because of a “faint hope clause” provision that was in the criminal code it could mean Davey could be released earlier – much earlier.

Ministry of the Attorney General spokesperson Brian Gray stated, “in general, when a person is sentenced to life imprisonment without parole for 15 years or more, that person can apply for a reduction in the period of parole ineligibility (after the offender has served at least 15 years of their sentence). The offender must submit his/her application to the Superior Court of Justice.”

“The Court will consider the application, and if there is a reasonable prospect that the application will succeed, the judge will order a hearing.”

“If there is not a reasonable prospect that the application will succeed, the judge will either fix a date when the offender can re-apply (must be at least two years later), or order that no further applications can be made.”

Gray also stated that there was a federal bill repealing the “faint hope clause” provision that came into force on December 2, 2011.

Former Cobourg Deputy Police Chief Dave Cromlish who retired in 2011 was Inspector at the time of Garrett’s murder.

Ontario Provincial Police were the lead investigators, but Cromlish was assigned to assist them.

Cromlish knew Garrett well and worked with him for several years.

Fifteen years have passed since the murder of his colleague and like many others, not a day goes by where he doesn’t think of Garrett.

After all these years the one question that has never been answered is why Davey murdered Garrett and had the list of murdering others.

“He had plans,” said Cromlish. “But he didn’t know Chris. For the specific reason why, I don’t think we ever had that answered.”

When Cromlish first heard about Davey starting the process for the faint hope clause he was shocked.

“I didn’t think this would ever be an issue.”

Cromlish said the faint hope clause was a bone of contention from the beginning and something he never supported.

“Back then when you were found guilty of first degree murder you were sentenced to life, which is 25 years to maybe life.”

“But when the faint hope clause came along by the government of the day, it allowed anyone convicted of first degree murder to be able to appeal their sentence after 15 years of serving time.”

Cromlish describes it as someone trying to convince the court they have been rehabilitated, made great strides and changed their behaviour.
“I don’t care if you go into prison and rehabilitate yourself. That’s a structured environment. It doesn’t give you free choice and options like you would have in society.”

“It doesn’t make sense to me.”

Even though the faint hope clause is gone from the Criminal Code, Cromlish believes because it was around when Davey was charged it is “grandfathered” in, allowing Davey the process to make the application.

“I knew the faint hope clause had been off the books so I never gave it a second thought about Troy Davey.”

“If you’re convicted of first degree murder that means you pre-planned to kill someone. Why should you ever have a second chance?”

“It was pre-planned. He was convicted of first degree murder. The evidence was put in. He appealed his conviction and lost his appeal.”

The senseless murder is something that anyone who knew or worked with Garrett will never forget.

“We always think about Chris and have the memorial for him on the anniversary of his death. So we are always thinking about Chris, but to me, my concern is what is this going to do to Chris’ family.”

“They’ve lost a son, father and brother. That’s the big impact. Obviously it impacted all of us in the community, but where does this leave the family having to relive this all over again.”

Cromlish believes there never should have been a faint hope clause.

“This is the whole reason why you had first degree murder, second degree murder and manslaughter. That’s why there is a difference and why people were convicted under different crimes.”

“This should have never come up in the first place – period.”

Time moves on and memories fade, but what happened that early morning in May 2004 is something officers and people who lived in Cobourg and area that time will never forget.

“You start thinking about it again for sure. It kind of brings us back into the fold again into that world and the tragedy that happened.”

Cromlish sums up his thoughts on the faint hope clause process that has started.

“He surrendered his rights to freedom when he intentionally killed someone.”

“Chris had a life in front of him. Chris had people he loved and who loved him. Chris doesn’t get a second chance so why does this guy deserve a second chance? He purposely, premeditated to kill somebody and he murdered Chris Garrett. And planned on more.

“In fact, if it wasn’t for Chris, there would have been more people killed. So I don’t see why he deserves a second chance.”