The disciplinary hearing for a Guelph police officer convicted of assault continued on Tuesday with the cross-examination of a forensic psychologist who believes Const. Corey McArthur can return to work.
McArthur previously pleaded guilty to discreditable conduct in September after he struck a teenager who was handcuffed to a bed at Guelph General Hospital in 2016.
Two years after the incident, McArthur pleaded guilty to assault during a criminal trial and was given a conditional discharge with probation and community service.
The proceedings currently underway at the Holiday Inn on Scottsdale Drive will determine if McArthur can return to active duty, face some sort of reprimand or be fired.
It’s the latest chapter in the legal matter for the officer who has been on administrative duty for about four years.
Surveillance video of the incident shows McArthur striking a 17-year-old male after he was taken into custody under the Mental Health Act.
Court heard McArthur was kneed before delivering the blow.
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McArthur has maintained that at the time of the incident, he suffered from post-traumatic stress disorder (PTSD) that went undiagnosed and untreated for several years.
Dr. Jonathan Rootenberg has been assessing McArthur since 2018 and argued in his testimony that McArthur’s PTSD was triggered by the death of Jennifer Kovach, a Guelph police officer who was killed on-duty in a car crash while responding to a call for assistance from McArthur in 2013.
In Rootenberg’s opinion, McArthur can begin to return to normal policing duties now that he has been getting treatment for PTSD and regularly seeing a therapist.
During Tuesday’s hearing, Rootenberg spent the day being cross-examined by David Migicovsky, who is acting as the prosecutor in the matter.
Migicovsky argued that while McArthur was diagnosed with PTSD due to Kovach’s death, he had difficulties surrounding anger management, impulsivity and emotional regulation prior to the car crash that took his colleague’s life.
The prosecutor pointed to another assault charge that stemmed from an arrest in 2009. McArthur was accused of excessive force and found guilty. He was given an unconditional discharge and docked 10-days pay.
Migicovsky said this incident was an example of anger issues from an individual who had a short fuse.
McArthur was also charged with assault causing bodily harm in 2014 but that was later withdrawn.
There were also some inconsistencies between three separate reports prepared by Dr. Rootenberg, McArthur’s therapist and Centre for Addictions and Mental Health (CAMH).
The inconsistencies include how much alcohol McArthur says he consumes and when he was taking an anti-depressant and for how long.
Rootenberg defended his findings by testifying that some of the information was not available to him before he submitted his report, but he also argued that McArthur was not faking PTSD.
He added that while there are some inconsistencies between the three reports, there are many consistencies between what McArthur told him and what he told his therapist and CAMH.
The hearing continues on Wednesday, but it is expected to continue into the new year.
Whether McArthur can return to duty is up to former York Regional Police Deputy Chief Terence Kelly, who is the hearing officer.
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