A Regina police officer with 17 years of service on the force was found not guilty of assaulting a prisoner who was being released from custody.
On Thursday, Judge Patrick Reis found that Cpl. Colin Magee did not use excessive force and that he was acting to protect himself.
Following the decision, Magee hugged his family and friends in Regina provincial court.
“He’s anxious to move on, put these things behind him and get on with his policing career,” said Aaron Fox, the attorney representing Magee.
Magee faced an assault charge stemming from a confrontation with a detainee, Lucian Gaudette, in September 2018.
While going over conditions for Gaudette’s release, court heard he was agitated. He allegedly took Magee’s pen out of his hand wanting to sign the release papers. The corporal said he felt threatened asking Gaudette to put the pen down twice, but he never listened.
Surveillance video shows Magee throwing Gaudette down to the ground before putting him in an arm lock.
The judge had to determine if the use of force was warranted. Reis said it was clear in Magee’s testimony he did what he did in order to defend himself and that the video speaks for itself.
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“He accepted that the officer who was acting in self-defence, the amount of force used was a minimal amount of force, it was over with very quickly. There was no blows delivered,” Fox said.
The Public Complaints Commission (PCC) will now conduct an independent review, which is protocol for matters like this.
Following the investigation, “the chief will take the appropriate next steps, pending the outcome of the PCC’s review,” said the Regina Police Service in a statement.
– With files from Mickey Djuric