A professional disciplinary hearing for the Guelph Police officer found guilty of assaulting a teenager handcuffed to a hospital bed will proceed, as an earlier resolution is not likely, says the service prosecutor for the matter.
Const. Corey McArthur faces one count of discreditable conduct under the Police Services Act after he pleaded guilty to a 2016 assault in criminal court in September.
On a Friday conference call, dates were set for an April hearing with two days set aside to hear medical evidence, said Jessica Barrow, service prosecutor. She said an out-of-court resolution is unlikely.
“For now, we are headed toward a hearing,” said Barrow on the call.
Also on the line during Friday’s conference call were hearing officer Terence Kelly and Jacqueline Gubiani, a paralegal standing in for McArthur’s counsel, Joseph Markson, as well as Judith Stoffman, service counsel for Guelph Police Service. McArthur was not identified as one of the people on Friday’s call.
McArthur’s counsel has about 10 weeks to submit a medical report from Dr. Rootenberg, a psychiatrist who has worked with McArthur in the past, including last year’s criminal trial. That report has to be filed by Nov. 15.
The hearing will begin on April 7 and 8, with the medical evidence expected to be presented at that time.
On April 22 and 23, the hearing continues with submissions from defence and prosecution.
McArthur was called to Guelph General Hospital on Sept. 19, 2016 regarding a 17-year-old male who was threatening to harm himself.
While McArthur and another officer pinned the victim's head to the bed with their hands, the victim reportedly said "don't choke me," then struck McArthur in the mid-section with his knee.
McArthur responded with an elbow slam to the upper body of the victim. This was captured on security footage and later released by police.
The victim's identity is protected by a court order and has not been released.
After pleading guilty in the September criminal trial, McArthur was placed on a three-year probation and ordered to do 240 hours of community service. McArthur does not have a criminal record as a result of the sentence.
Markson, who also acted as defence in the criminal trial, told the court at the time that McArthur — at the time a 17-year-veteran of the Guelph Police Service — was suffering from undiagnosed and untreated PTSD at the time of the incident stemming primarily from the death of Const. Jennifer Kovach in 2013.
McArthur was diagnosed with PTSD following the 2016 assault that landed him in court.
On two other occasions, McArthur faced assault charges in 2010 and 2014. The current hearing is only considering his 2016 assault.
He was found guilty in 2010 and given an unconditional discharge and in 2014 McArthur was charged with assault causing bodily harm, charge that was later withdrawn.
