Penalty hearing resumes for disgraced Guelph police officer

A penalty hearing has resumed for a Guelph Police Service officer who assaulted a teen handcuffed to a hospital bed. CTV’s Krista Simpson reports.

The penalty hearing for a police officer who admitted to assaulting a teenager while they were handcuffed to a hospital bed resumed on Wednesday after a series of delays and cancellations.

Const. Corey McArthur previously pleaded guilty to discreditable conducted related to the 2016 incident that was captured on Guelph General Hospital’s security cameras.

A 17-year-old boy had been acting erratically after using crystal methamphetamine and he kneed McArthur in the chest or stomach. In retaliation, McArthur elbowed the teen, causing or aggravating an injury. The boy had a 3.5 centimetre cut under his eye, bruising and swelling.

McArthur was initially charged with assault causing bodily harm, but he ultimately pleaded guilty to a criminal assault charge in September 2018. He was given a conditional discharge with three years maximum probation and 240 hours of community service.

• TIMELINE: Corey McArthur’s troubled past with the Guelph Police Service

The judge for the case said that an undiagnosed post-traumatic stress disorder (PTSD) played a role in McArthur’s actions and caused him to overact and use excessive force.

In 2013, Guelph Police Service Const. Jennifer Kovach was killed on the way to McArthur’s call for backup. Icy road conditions caused a collision between Kovach’s car and a Guelph bus.

In October 2022, a police service hearing was held to determine if McArthur should be reprimanded or dismissed from the Guelph Police Service.

Testimony revealed supervisors spoke to McArthur in 2007 about excessive use of force after a “number” of complaints. McArthur was told he must resign from the force within seven days or risk being fired.

However, McArthur successfully appealed the decision, arguing he should be demoted instead of dismissed. The Ontario Civilian Police Commission determined that, among other things, the hearing officer did not give enough consideration to McArthur’s PTSD.

In July 2024, McArthur pleaded guilty to discreditable conduct for a second time and another penalty hearing began.

A forensic psychiatrist, Dr. Peter Collins, took the stand on Wednesday. He was not allowed to assess McArthur, but he did review all of the documentation for the case.

McArthur has blamed his actions at the hospital on PTSD.

Collins told the hearing there is evidence that McArthur had a pattern of anger, sometimes crossing into aggression, long before the death of McArthur’s partner.

In particular, he noted that in 2011, McArthur’s family doctor prescribed him medication called Pristiq, which can be used for anger issues.

McArthur initially claimed he had only taken the drug for about a month or so, but records showed he was given prescriptions until 2015.

Collins said he did not see similarities between what happened in the hospital room and the conditions surrounding Const. Kovach’s death.

“[McArthur’s] aggressive response was more consistent with his assaultive behaviour in the past,” Collins said.

He also described McArthur’s response to being kneed as ‘over the top.’

“The youth was in crisis and was not threatening anyone, was not a risk to being violent to anybody else except to himself, and there was anger that was over the top.”

Collins also noted there is no objective test for post-traumatic stress disorder.

“PTSD is easy to exaggerate, especially if there is a gain for exaggerating it,” he said.

The police service’s lawyer, Jessica Barrow, questioned, “Is there a gain in this case?”“Any judicial hearing there could be a gain,” Collins responded.

Collins pointed out that three different judges have raised concerns about McArthur’s reliability.

The hearing is set to resume on Oct. 24 so McArthur’s lawyer can ask Collins questions.