Guelph, Ont. police constable continues to fight for his job

Corey McArthur's second penalty hearing A Guelph police constable, who has pleaded guilty to discreditable conduct, is hoping to keep his job. Krista Simpson has the latest.

A police constable in Guelph, Ont. pleaded guilty Wednesday to discreditable conduct – for a second time.

The Ontario Civilian Police Commission (OCPC) is trying to determine the penalty for Corey McArthur, who admitted to assaulting a teen while on duty.

This is the second hearing on the matter after McArthur successfully appealed a 2022 ruling.

Background

In September 2016, a 17-year-old was acting erratically and threatened self-harm. While handcuffed to a bed at Guelph General Hospital, the teen kneed McArthur in the chest or stomach.

The constable then elbowed the teen, either causing or aggravating a previous injury that left him with a 3.5 centimetre cut under his eye. The teen experienced bruising and swelling, while the laceration required stitches.

Video obtained from the hospital showed the interaction between McArthur and the teen.

He pleaded guilty to the assault in 2018.

First hearing

McArthur’s first hearing ended in October 2022.

The constable was told he must resign from his position with the Guelph Police Service within seven days or he would be fired.

He filed an appeal before those seven days were up, arguing that he should have been demoted instead of dismissed.

McArthur’s PTSD

McArthur said he was struggling with post-traumatic stress disorder (PTSD) at the time of the assault. According to his lawyer, the PTSD largely stemmed from the death of his colleague Jennifer Kovach. She was responding to a call for assistance, which came from McArthur, when her cruiser crashed into a Guelph Transit bus in 2013.

At his first hearing, the prosecution argued that McArthur had previously exhibited angry and aggressive behaviour which made him unsuitable to be a police officer.

In 2010, McArthur was found guilty of assault in connection to an arrest outside a Guelph bar. He was given an “absolute discharge,” which meant it wouldn’t appear on his criminal record.

The OCPC ordered a new hearing after agreeing with McArthur that the hearing officer didn’t give enough consideration to his PTSD.

Second hearing

McArthur’s second hearing got underway Wednesday at the University of Guelph.

“The only appropriate penalty on the facts of this case is dismissal,” argued prosecutor Jessica Barrow.

McArthur’s lawyer explained that his client had been suffering from undiagnosed and untreated PTSD for the three years following Kovach’s death.

“The loss of your partner is going to mess you up for life unless you get help,” Joseph Markson explained.

McArthur, he added, has since gone through counselling to treat his PTSD.

“It’s one of the most epically successfully journeys of recovery that I have ever seen in my practice,” Markson claimed.

He also pointed out that McArthur had previously pleaded guilty to the assault in court, as well as discreditable conduct at both commission hearings.

“He accepted responsibility for that,” Markson said. “This is context and explanation as to why something like that occurred.”

More importantly, he argued: “why it will never occur again.”

The first witness, called by the defense, was a forensic psychiatrist who has assessed McArthur over the years.

Dr. Jonathan Rootenberg explained that people with PTSD may experience impulsive or angry outbursts.

“[McArthur] seems to have made remarkable progress over those eight years,” he said.

Rootenberg also cited MacArthur’s diligence through the process.

“I don’t recall anybody maintaining this level of therapy for as long as he has.”

The doctor said added that, from a psychological standpoint, he isn’t concerned about McArthur returning to work.

Suspended with pay

McArthur was suspended with pay in 2016.

He also continues to make the Ontario Sunshine List.

His yearly pay was listed at $101,804 in 2016 and $110,689 in 2021.

In 2023, McArthur’s salary from the Guelph Police Service was $115,292.