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Guelph police officer pleads guilty to discreditable conduct for hitting restrained teenager

A Guelph police officer has pleaded guilty to assault and discreditable conduct for striking a teenager that was handcuffed to a hospital bed – Sep 1, 2020

A Guelph police officer still wants to return to active duty despite pleading guilty to discreditable conduct after he struck a teenager who was restrained to a hospital bed in September 2016.

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Const. Corey McArthur entered a guilty plea to one count of discreditable conduct under the Police Services Act during a disciplinary hearing on Tuesday at the Holiday Inn on Scottsdale Drive.

It’s the latest saga in the case of the 18-year veteran who has been on administrative duty for almost four years.

He pleaded guilty to assault in 2018 during criminal proceedings, which is a lesser offence from the assault causing bodily harm charge he was originally arrested for.

Surveillance video from Guelph General Hospital shows McArthur striking a 17-year-old with his elbow while the young man is handcuffed to a bed frame after he was taken into custody under the Mental Health Act.

Court heard McArthur was kneed before delivering the blow that resulted in a cut below the teenager’s right eye.

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The victim’s identity is protected under the Youth Criminal Justice Act.

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During Tuesday’s hearing, McArthur’s lawyer argued that his client was suffering from undiagnosed Post-traumatic Stress Disorder (PTSD) at the time.

Court heard the PTSD had been going untreated for years since the death of fellow officer, Jennifer Kovach, who was killed in a crash in 2013 while responding to a call for assistance from McArthur.

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Court heard McArthur and Kovach were close and that he was very protective of her. So much so that he viewed her as his little sister.

Psychiatrist Dr. Jonathan Rootenberg has been treating McArthur since the incident at the hospital and testified that Kovach’s death was a “very triggering event” for him.

He added that McArthur met the criteria for PTSD.

“In my view, the loss of a fellow officer, someone he was very protective of, in 2013, had a significant impact on him,” Rootenberg said.

Court heard there were other significant incidents while McArthur was on-duty after Kovach died. One involved a woman becoming trapped in her vehicle following a crash, which McArthur described as “Kovach’s death all over again.”

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Rootenberg said McArthur dealt with the typical symptoms of PTSD following her death, but they were only treated after the incident at the hospital.

Court also heard he became increasingly irritable and aggressive after Kovach died.

He has been receiving treatment and counselling from Dr. Rootenberg at the Centre for Addiction and Mental Health.

Whether he can return to active duty will be up to former York Regional Police Deputy Chief Terence Kelly, who is the hearing officer for the disciplinary hearing.

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Kelly could also impose punishment that could range from a reprimand to dismissal from the Guelph Police Service.

It’s unclear when a decision will be made. McArthur’s hearing will not continue until October.

It’s already been delayed since April due to the COVID-19 pandemic.

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