Decision reserved in sentencing of RPS officer who pleaded guilty to assault

Judge reserves sentence for RPS Cpl. A judge has reserved his sentence for an RPS Cpl. who pleaded guilty to assault. Cole Davenport explains.

REGINA -- A Regina judge has reserved his decision on the sentence of a Regina police corporal who pleaded guilty to assault in September.

The incident happened in September of 2018 when Corporal Colin Magee was working in the Regina Police Service's holding cells.

Court was shown a video of the incident where Magee is seen working at the booking desk. A 13-year-old offender, whose name is under a publication ban, was emptying his pockets after being arrested. He pulled out what appeared to be a small plastic baggie in the video, which contained what was described as a "questionable substance."

After being questioned by officers at the desk, including Magee, about what was inside and not giving a clear answer, Magee came around the front of the desk and told the young offender "I'm not going to f*** around with you anymore." The young offender still wouldn’t say what was in the bag and the video showed Magee shoving him to the ground.

The defence said Magee’s frustration was justified given concerns over the possibility of fentanyl contamination, but admitted the situation was not handled properly, adding Magee regretted his actions shortly afterward. The defence also said a memo was sent out within RPS prior to the youth’s arrest saying he might have bear spray, a machete or a pistol.

After being shoved to the ground and helped back up, the young offender was crying in the video. The situation calmed down shortly after and the item was found to be garbage.

The teen was arrested under suspect of arson and had to be tackled twice while being apprehended. Because of this, any injuries he may have had are believed to have happened previous to the incident with Magee.

The Crown was asking for a fine and a term of probation, which was left to the judge's discretion. The defence was asking for a conditional discharge, so long as Magee continues to receive counselling for a one-year period.

The defence argued that he would face career consequences in addition to any of those imposed by the courts, referring to likely police disciplinary action.

Magee stood to address court, expressing his regret and calling his behavior that day “unacceptable and uncalled for.”

He said if given the chance, he would apologize to the youth involved.

“I deeply regret that my actions have reflected poorly on the police service and the fine men and women I serve with who serve our community,” Magee told court. “I’m ashamed of the impact that this has had on my family and the people closest to me.”

No victim impact statement was read as the Crown was unable to get in contact with the teen. He’s considered a runaway and no longer lives with his family.

The judge has returned his decision until Friday in Provincial Court.

Magee also faces a second assault charge heading to trial in December.