Whitehorse Daily Star

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Photo by Vince Fedoroff

GROUNDLESS ACCUSATION – Corey Markey is seen late this morning with his truck and snowmobile outside the Whitehorse RCMP detachment. Police falsely suspected the snowmobile had been stolen, leading to 11 hours in jail and vehicle impoundment fees for Markey.

‘I’m not going to give up until I get my money back’

A Whitehorse man falsely suspected of possessing a stolen snowmobile

By Christopher Reynolds on August 15, 2014

A Whitehorse man falsely suspected of possessing a stolen snowmobile will not be compensated by the RCMP for his impound fees or time behind bars.

Both stemmed from an arrest he says was unjustified.

Early last Sunday morning, Corey Markey, 34, was on his way to get a sandwich at the Subway restaurant at the Canada Games Centre when he was pulled over.

The officer, a dog handler, told him the reason was that his headlights weren’t on.

Markey’s newly purchased fog lights were shining brightly, but not the pickup truck’s headlights, he admitted.

After Markey presented his licence and registration, another officer, Const. Marie-Eve Brindamour-Carignan, approached and checked the serial number of the snowmobile in the pickup box.

By radio, she relayed the number, which was “similar” to several snowmobiles that had been reported stolen, police told the Star today.

“They came back and they said, ‘Sir, it’s not your vehicle. You’re under arrest for possession of stolen property,’” Markey said in an interview this morning.

He was arrested and cuffed on the spot.

Once in the police cruiser, Brindamour-Carignan asked Markey if he had been drinking.

He replied he’d had one beer earlier in the evening.

“She said, ‘Well, there’s 24 hours’ suspension,’ Markey told the Star. He offered to do a roadside breathalyzer test — “I said I’d be more than happy to” — but received no response from the police.

The truck and sled were impounded and Markey spent the night in jail.

No food or water were offered. He still had not eaten dinner.

Markey was released at around noon last Sunday, roughly 11 hours after being detained.

He retrieved his licence that evening.

He went to the Capital Towing Services Ltd. yard to pick up his vehicles Monday and learned the cost was more than $350, including the daily storage fee.

“I didn’t have the money to get the truck or sled out,” he said.

Markey had to wait until today to get them, though he was ultimately charged only $255.

He said RCMP called Capital earlier in the week to try to waive the storage fees, but police ultimately told him:

“‘We can’t help you.’”

Markey, a diesel mechanic at Inland Kenworth who moved to Whitehorse last month from northern British Columbia, said he’s in no position to dole out excess cash.

“Here I am stuck with a tow bill that I can’t afford ... I just moved here, me and my girlfriend. We’re trying to get our feet on the ground, she’s pregnant, and now this.”

Whitehorse RCMP told the Star that more than half of the characters in the snow mobile’s serial number may have matched those of two stolen sleds.

“It was quite simple: the serial number that they read back to our telecoms people for CPIC (Canadian Police Information Centre) came back as very similar to two other snowmobiles — the same make, the same year — as being stolen,” said RCMP spokesperson Sgt. Tom Wyers.

“But the one in particular that he had was of a slightly different model and serial number than the ones they were looking at.”

Markey said his is a 2002 Ski-Doo Summit 700, while at least one of the ones at large is a 2002 Ski-Doo MXZ 600.

“Mine says Summit on the hood. The other says MXZ.

“All she (the officer) had to do was drive to my house,” he said.

“I would have went in and I would have shown her (the bill of sale),” which he did at the detachment Sunday evening.

“You didn’t have to do all this. You didn’t have to tow my sled — 11 hours in jail.”

Wyers explained the 24-licence suspension: “Based on their experience and the signs of impairment that they observed, a roadside screening was not done.”

RCMP officers are trained to identify symptoms of excessive alcohol consumption and are empowered to revoke a driver’s licence for up to 24 hours without administering a roadside breathalyzer test. No criminal charge or fine applies.

“If they thought I was drinking, they could have given me the breathalyzer,” Markey insisted.

“I don’t have any note of that,” Wyers responded.

“All I can tell you is that they noted some immediate signs of impairment and proceeded with a 24-hour suspension.”

That is an accusation Markey laughs at.

Wyers noted that Saturday evening/early Sunday morning was a hectic period for the police.

Roughly two hours before Markey’s arrest, Bernie’s Race Trac Gas — only blocks away — was robbed.

“It also comes down to a number of priority calls going out at that time,” Wyers noted.

He said the chunk of time Markey spent behind bars was also due in part to outstanding arrest warrants in Alberta for impaired driving and lesser offences.

“So we needed to look into those warrants to see if they want him returned,” the officer said.

Markey paid the $255 to Capital Towing today.

“I’m not going to give up until I get my money back,” he said.

“I’ll spend a thousand dollars on a lawyer if I have to.”

Comments (36)

Up 13 Down 0

Wha?? on Sep 8, 2014 at 5:08 pm

How does this work? He said he was pulled over early last Sunday morning, Corey Markey, 34, was on his way to get a sandwich at the Subway restaurant at the Canada Games Centre when he was pulled over.

They open at 8am and close at 8pm. What time exactly was he pulled over?

He replied he’d had one beer earlier in the evening.

A beer the night before or what? Either the officer was definitely wrong about his intoxication or this guy was on a mission for a sandwich in the wee wee early morning hours.... I smell some poo!

Up 11 Down 9

Chilly Girl on Sep 7, 2014 at 10:16 am

Some of these comments are typical behaviour, given this environment of cop-hating that RCMP families find themselves living in. Let's take the word of a person detained for valid reasons above common sense every time cause that is what cop-hating people do! Craziness!

We all have liberties, they don't get it right every time but make sure you were there to see everything before flapping off about things you don't know about.

And by the way, non-RCMP people want to be friends with RCMP members and their families- we are people just like the rest of you and we choose friendships based on goodness and character...so I choose to not be friends with people who break the law and who hate those who are doing their jobs by enforcing it.

Up 14 Down 5

woodcutter on Sep 5, 2014 at 8:42 am

Too often a similar story about police behavior. I think people need to come to grips with the "police" culture, or extreme conservatism, feelings of entitlement, protection of the law for their behavior, extreme insulation from the general public (no one wants to be a friend of a cop, unless your a cop).

Let it go, you will never get a dime from the cops, and the anger will eat you up. Drive with your head lights on, and shut off those annoying fog lights, those are obviously a heat score.

I myself have mixed feelings about cops but I know when I have an encounter with them, I'm always very polite, since I don't want to end up in the holding cells. Folks have died in the Whitehorse holding cells.

Up 17 Down 3

Virgil on Aug 30, 2014 at 8:47 pm

Good luck!
Went to court for a similar issue. No compensation for these f--k ups.
Reason being "we don't want our R.C.M.P. officers to feel that the courts don't support them while they do their duty of maintaining order."

Staple answer.
Oh, the other answer - "An officer should never feel afraid to do an arrest."
Also … most of the people on here that are talking against you are "spin doctor's"

I was proven innocent in front of a competent court. Prosecution didn't even try the case; they conceded no grounds for arrest and no evidence. I get to sit around knowing I'm right…. but that doesn't help with any of this.

Up 18 Down 9

Karyn Atlin on Aug 27, 2014 at 7:32 pm

It sounds like it is very common for the police to impound vehicles and have them towed. It has happened several times to people I know with no charges ever being laid. The owner has had to pay the towing and impound fees. And for some reason it appears the police only use one towing company why is that? Do they have a contract with them? Pretty lucrative for that company. I agree with Pete Smith and Mike Smith. Maybe it is just easier to target individuals who have records or past histories and get away with mistreating them. It still isn't right. WAIT UNTIL IT IS YOU. The police need to be more accountable and then they will generate more respect not less for the RCMP as an organization. Check out Carcross Copwatch on facebook and stay tuned for how that community is responding to very similar concerns.

Up 16 Down 32

Joel on Aug 26, 2014 at 4:24 pm

You drink and drive and get caught, you get a 24 hour suspension. It doesn't matter what your blood alcohol level was, you were driving impaired.

Good job of the RCMP getting this guy off the road that night and I hope they keep it up for that reason alone. Heading to the CGC in the middle of the night for a sub? Really?

Up 4 Down 20

Yes Officer on Aug 22, 2014 at 8:15 am

You get pulled over, you get out, spread eagle face down on the ground and don't move. Don't say a word and wait. No problem with me, I watch TV you know...

Up 22 Down 29

Conc on Aug 20, 2014 at 3:40 pm

RCMP probably bored trying to meet their monthly stats which they need to meet in order for the Fed Gov to actually prove they are enforcing traffic. Sounds pretty fishy and yet the guy has to pay for the fees. Sue the members get their reg# and go from there.

Up 39 Down 12

Tom Stevens on Aug 20, 2014 at 2:21 pm

Again..for people who do not understand the law, and there seems to be many on here commenting... I think the RCMP have likely violated a number of privacy issues disclosing this man's record to the public to defend what were clearly questionable actions. There are thousands of people in Canada that have warrants in other jurisdictions that are not returnable...meaning the Crown has no interest in bringing you back to face the courts. If you land in the jurisdiction you will get arrested. Again it is always clear on the CPIC entry whether the warrant is returnable or not. And unless they were communicating with Nigeria they would have the answer generally in less than an hour. The law and the Charter are there to protect all of you from abuse by the police. The rules are very clear and when the police choose to violate them, the system has failed. Remember that you may choose to support the abuse of rights by the police, right up until it happens to you.

Up 32 Down 11

Geoff in Lethbridge on Aug 19, 2014 at 4:35 pm

The police should definitely have a record of his request for a breathalyser test. Their uniforms, among the other half-ton of gear hanging from it, also has a microphone that can record an encounter. Check the recording! The police stepped over the line by claiming the vehicle was stolen simply because everything but the last six digits matched; they stepped over the line by seizing his vehicle without cause. They were within their bounds by suspecting Markey of being impaired because of his previous convictions, but they should have done the test to see if it was at that moment.
All provinces should enact reciprocal legislation to recognize each other's outstanding fines and warrants, allowing suspension of licences no matter where you go. So, Markey has issues he should learn to deal with - no more drinking before driving - and the police have issues they should deal with - substantiate their suspicions and not seize vehicles whose numbers are not entirely listed unless the serial number appears to have been altered. The government should rationalize legislation covering the laws in question here. Fault all three ways here.

Up 31 Down 44

Wes Larson on Aug 19, 2014 at 3:08 pm

Hey Bobby. You were not there. You have no clue what happened. You are in no position to make any statement. Armchair complainer. I'm with the RCMP on this one. Everyone calls down the RCMP until they need their services. Pathetic.

Up 39 Down 24

Bobby Bitman on Aug 19, 2014 at 1:00 pm

Even the supporters of the RCMP in this thread are saying that the arrest and impound were bogus and simply an excuse to harass and detain a person who the RCMP considered to be an undesireable. Then on top of it, they claim they have 'no notes' on the man's request for a breathalyzer to clear him of the main charge: impaired driving. Further dishonesty on the part of the RCMP, they go on to say that 'about half' the serial numbers matched two missing sleds, knowing full well that the numbers which matched were not numbers that actually identify specific sleds, but which identify the manufacturer, year, model, etc.

The insult to the intelligence of the community, the dishonesty and the underhanded and illegal detainment practices seen here are the problem. The police like to be able to abuse people without being questioned. They should learn to stick to the law themselves. Sorry, but I am fed up with all the stories of abuses by the RCMP, and his outstanding DUI in Alberta, and 'more minor' charges, should have been dealt with by the RCMP responsibly and within the law.

Up 33 Down 28

Sourdough gal on Aug 19, 2014 at 11:40 am

Here is a man that has purposely ignored his legal responsibilities in another province, hence the warrants, where that legal system spends time and money to give him options for a trial. So he moves on to another jurisdiction and creates further problems for the Yukon Territory to clean up. Anyone else see a pattern here? Wonder if he is paying taxes...my bet would be no.

Up 40 Down 35

BnR on Aug 18, 2014 at 7:35 pm

All I can say is good for the RCMP.
They WERE doing their job. Big truck, no headlights, sled in the back (in August!), early in the AM. Run the plates, dudes got a record, lots of reasons to pull him over. What if he had been seriously impaired and they had saved a life by pulling him over, or it had been a stolen sled and someone was able to get it back?
We can only go by dude from Northern BCs version of events, we have no idea if he was belligerent or not.
Kudos to the RCMP.

Up 30 Down 14

Charmaine on Aug 18, 2014 at 10:52 am

Well, the RCMP should have all their facts together before they make an "arrest". This happened to me a while back. I was at the 202 on a Friday night, I had a sober driver. I admit I had previous impaired charges. I went to my vehicle to grab something, I didn't get into my truck because I had no intentions of going anywhere and besides my driver was gone (he left the doors open). As I was leaning over the seat, I heard a voice behind me and asking if this was my vehicle. I said yes and it was an RCMP, very rude!!! He said that I was under arrest for drunk driving and that I had hit another vehicle parked beside me. I proceeded to tell him that I wasn't driving and I had a sober driver but he wasn't there at the time and I didn't even have my keys! I told him that we didn't hit the vehicle... there was no paint marks on other vehicle. The RCMP asked if I was the person driving and she said she wasn't sure because she wasn't at the scene when it happened. Long story short, they took me to the RCMP station after "throwing" me to ground because they said I was resisting! I still have the scars on my arm. I told him not to man handle me because I was cooperating and he was very rude! Yelling at me and slinging me around. He said that I was under arrest for impaired! I kept explaining I wasn't driving.
When we got to the station, the lady there said "oh looks like you had a bad fall, you have blood oozing"... I was very upset and crying and explained to her that the officer had thrown me to the ground and I wasn't resisting. And explained that I wasn't driving. They went into the other room and talked, she came out and said I wasn't arrested but was given a 24 hour suspension! I wasn't driving. And yes it stays on your abstract even though I tried to fight it, to no avail. No one was held accountable for their actions, no sorrys, no nothing. All this was traumatizing for me because I am a small woman and this officer overpowered me.
The RCMP is never held accountable for their actions, which in this case they should have been. Yes, there were warrants but did they know that when they falsely arrested him? Same happened to my friend a few months back, they impounded his vehicle even though he had a sober driver. They said she was drinking! She wasn't. They wouldn't release the vehicle and had to pay a huge amount for towing and fees. She went to the RCMP to meet with them but of course blamed the towing company and they had nothing to do with it!!!!!!! Are you serious? My friend never did get her money back and she fought for a while on this. So unfair. Where is the justice in all this?

Up 62 Down 26

petesmith on Aug 18, 2014 at 7:35 am

Apologize, compensate the man and train your officers to do a proper investigation. No food or water...no Breathalyzer? This is simply unacceptable behavior.

Up 27 Down 34

Justice Served on Aug 17, 2014 at 10:17 pm

All of the jail cells have a sink in them with acess to running water. Also everyone who comes in gets a sandwich and juice unless you're belligerent. What is to say you're not lying about these circumstances.

Up 14 Down 2

Max Mack on Aug 17, 2014 at 8:23 pm

To Anon who asked: "Max Mack, can you show me EXACTLY where that law is?"
I was merely quoting from the news story itself. So, the first paragraph of my post is simply a quote.

Up 34 Down 12

Just Say'in on Aug 17, 2014 at 5:09 pm

Serial #'s are 17 digits. Starts with country it was built Model, Make, Engine, Model Year, It is only the last 6 digits that refer to that unit. So for the police to say that some of the numbers matched, well of course they did. They will have known this for sure and are just relying on the public knowing nothing about serial numbers and how they work. They decided they wanted to stop this guy and they found some loose justification to do it. As for his warrants they are likely nothing or he would be sent out. May just be an unpaid fine??? Police need to settle down a bit. Impounding your things and putting you in jail without some justification like maybe your day in court is atrocious.

Up 24 Down 15

neighbour on Aug 17, 2014 at 3:34 pm

Why did two police cruisers have this man chased and trapped and further tow his truck away on Friday night around midnight? Lots of skid marks at the entrance to his home indicating a pursuit. Maybe the Star should followup on this! Remember he was wanted in Alberta on outstanding warrants.

Up 6 Down 8

Anon on Aug 17, 2014 at 10:52 am

Max Mack, can you show me EXACTLY where that law is?
We're in the middle of working to reform multiple other laws and this could very easily be added to that list. If you could reference exactly where you found it that would be great. I simply do not have time to go looking currently.

Regards,
Anon

Up 42 Down 19

Media Max on Aug 17, 2014 at 9:09 am

I read this article on Friday afternoon and thought where there is smoke there is fire. Would it surprise anyone to know that this fellow once again came to the attention of the police on Friday night? Did you not read that he is wanted in Alberta for driving drunk! This guy deserves no sympathy.

Up 35 Down 18

Salar on Aug 16, 2014 at 10:27 pm

While I have little tolerance for RCMP dawdling someone along....perhaps his mentioned 'priors' were a factor here....in which case I'd suggest the members were doing their job......they have discretion and I'd suggest it was justly applied here.

Up 42 Down 10

Mike Smith on Aug 16, 2014 at 6:08 pm

Whatever happened with matching serial numbers exactly.

So, If there is a warrant for someone with the same name but different birthdate does it mean you will still be arrested or if they are looking for someone with a SIN number which is close yo yours, you may still be detained.

Think there needs to be more accountibility.

Up 40 Down 18

Brian on Aug 16, 2014 at 4:40 pm

I felt bad for this guy until I got to the end of the story, which states that there are warrants in Alberta. The cops saw the warrants when they ran his name and needed time to sort it out, so they found a reason to hold him. I am in support of the police here. Your an idiot if you think the police never did their job and made sure a drunk driver is off the road.

Up 40 Down 18

yukon56 on Aug 16, 2014 at 3:04 pm

Read the whole story, outstanding warrants, drunk driving and other charges. No doubt the RCMP held him seeing if Alberta wanted him

Up 20 Down 4

captain obvious on Aug 16, 2014 at 1:58 pm

You know it's a bad situation when I'm agreeing with BobbyBitman

Up 34 Down 20

Tom Stevens on Aug 16, 2014 at 1:55 pm

As usual the arrogance of the RCMP have prevailed. They absolutely refuse to admit when they make an error because of lack of training, supervision or experience. CPIC is very specific and close only counts in horseshoes and hand grenades, it either is or is not the right serial number.
The 24 hr suspension based on the admission of one drink is crap and they have roadside testing equipment that will immediately determine level of impairment. The seizure, if done by a citizen would be theft. I would complain in writing, understanding that at the detachment level they will write it off as they always do, but that opens the door to complain to the Public Complaints people in Ottawa. There is no viable control over the conduct of the RCMP and this craziness goes on all over the country without sanction.

Up 30 Down 23

north_of_60 on Aug 16, 2014 at 12:55 pm

According to the Yukon Driver's Handbook:
On Yukon highways, you must drive with the low beam headlights on during the day if your car does not have automatic daytime running lights.

Driving in town is not "on Yukon highways"
This incident should be investigated by the ombudsman.

Up 55 Down 15

Groucho d'North on Aug 16, 2014 at 9:49 am

What ever happened to officer discretion?
Little old ladies are getting assaulted on the streets because of a lack of patrolling officers. Perhaps these time wasting cases could be reduced so police can focus on some real crimes?

Up 63 Down 11

captain obvious on Aug 16, 2014 at 9:29 am

Challenge the 24 hour... it goes in your abstract for 6 years and affects your insurance significantly. It is a toy that the cops abuse too often...

As for serial numbers, "close" is not okay... if the serial number is ONE number off, it's exculpatory evidence. I'd be pursuing a civil suit and filling a complaint against the officer. She is making good cops look bad...

Up 48 Down 18

Yukoner on Aug 16, 2014 at 9:25 am

Yes I have had the same problem with the police..
I work at a mine and while I was at work my car got stolen and impounded... and they wouldn't cover the fees to get it out and I had to pay my tow bill plus the 2 week daily hold.... it's an outrage... someone needs to put a stop to these so called " protecting the peace" officers. I called the detachment as well and they said the same exact thing " we can't help you "

Up 57 Down 20

bobbybitman on Aug 16, 2014 at 9:04 am

What astounding arrogance on the part of the RCMP. And then conveniently having 'no notes on that', regarding the man demanding a breathalyzer after being falsely accused of drunk driving by a police officer.

I am behind this guy 100% and am very happy that he is pursuing this to push back against unlawful detainment and ignorant behaviour by the RCMP. 'Similar', 'at least half the numbers matched', serial numbers = ARREST? That is truly pathetic.

Up 66 Down 8

yukonpete on Aug 15, 2014 at 11:53 pm

Very similar serial number?? It is either the same or not! I support the RCMP officers as they have a tuff job but the clowns who locked up this poor fellow should be held accountable! Sounds like a power trip to me!

Up 41 Down 11

Barb on Aug 15, 2014 at 6:51 pm

Take them to court or make formal complaint, otherwise he may as well suck it up.

Up 57 Down 19

Max Mack on Aug 15, 2014 at 5:58 pm

"RCMP officers are trained to identify symptoms of excessive alcohol consumption and are empowered to revoke a driver’s licence for up to 24 hours without administering a roadside breathalyzer test."

If this is true and Yukon's laws allow the RCMP to suspend a driver's licence on the basis of the officer's "experience and training" (without a breathalyzer test), then this law must be revoked. This is an egregious breach of our constitutional protections and is completely unjustified given the enormous implications of roadside suspensions.

Are our politicians paying attention or are they too busy trying to pander to the zealots at MADD?

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