A Guelph police officer won't spend any time behind bars despite pleading guilty to assaulting a teen.
In September 2016, Constable Corey McArthur struck a 17-year-old who was handcuffed to a bed at Guelph General Hospital. The teen, who had been using crystal meth, was threatening to harm himself. McArthur elbowed the boy after being kneed.
The incident was reported after the hospital reviewed security video.
McArthur went on leave a month after the incident, receiving WSIB benefits for two years.
He was initially charged with assault causing bodily harm but later pled guilty to a lesser charge.
On Thursday McArthur was given a conditional discharge, maximum probation of 3 years and 240 hours of community service.
The judge said post-traumatic stress disorder (PTSD) played a role in McArthur’s actions, causing him to overreact and use excessive force.
In 2013, Constable Jennifer Kovack was killed while responding to McArthur’s request for backup. Icy conditions on the road caused a crash between Kovach's car and a Guelph city bus.
The judge believed McArthur’s feeling of guilt led to his PTSD.
McArthur had also been charged with assault in two on-duty incidents in 2010 and 2013.
The charge from 2010 resulted in an absolute discharge while the 2013 charge was withdrawn.
The court took into account McArthur’s decision to seek treatment during his two year absence from the force.
His lawyer, Joseph Markson, says the sentence will allow his client to move forward.
“Constable McArthur can continue on with his life, put his past behind him and move on. He would love to return to policing.”
Guelph Police tell CTV that after the sentencing McArthur was served with a notice of suspension pending the outcome of a hearing. Under the Police Services Act, it is a suspension with pay. The date of the hearing will be set after a Professional Standards Investigation.
McArthur is a 17-year veteran with Guelph Police.
