Guelph police officer pleads guilty to assault
Emily Silva , CTV Kitchener
Published Thursday, July 26, 2018 12:11PM EDT
Last Updated Thursday, July 26, 2018 6:29PM EDT
A Guelph police officer pleaded guilty Thursday to assaulting a teenager in a September 2016 incident.
An agreed statement of facts read in a Guelph courtroom stated Constable Corey McArthur was helping restrain a teen in hospital, when the teen kneed him and McArthur then proceeded to elbow him back.
The teen was brought to Guelph General Hospital Sept. 19, 2016 under the Mental Health Act.
Reports say the 17-year-old was hitting his head on the metal rail of the bed, and had a fight with another police officer.
McArthur was brought in to help restrain the teen and was then kneed by him.
According to the agreed statement of facts, McArthur elbowed the teen, hitting his upper chest, neck, moving head, and face.
McArthur said he did not intend to hit the face, but admits to the court he did use excessive force.
The patient was left with a cut under his eye, which required stiches.
But, the court heard that it is possible the teen aggravated an injury that was already started when he was hitting his head on the bed rail.
The incident was captured on security camera, and hospital staff saw it and reported the incident as possible excessive force.
McArthur was originally charged with assault causing bodily harm, but he pleaded guilty to the lesser charge of assault.
Court head today that McArthur has gone undiagnosed with PTSD, stemming from an incident in 2013.
Constable Jennifer Kovach died after her police cruiser crashed into a Guelph city bus due to icy road conditions. Kovach had been responding to a call for help and the court heard today it was McArthur who called for backup.
The next step will be for McArthur’s lawyer and the crown to present their sentencing submissions to the judge.
The crown is asking for a suspended sentence with probation, while the defence is asking for a conditional discharge with probation, resulting in no conviction.
The judge is scheduled to make his decision Sept. 27.
McArthur has been an officer with the Guelph Police service for over 15 years.
He previously faced assault charges in connection with on-duty incidents in 2010 and 2013. The 2013 charge was withdrawn, while the 2010 charge resulted in an absolute discharge.
With reporting by CTV's Nicole Lampa and Krista Simpson