A psychiatrist testifying on behalf of a Guelph police officer who assaulted a teenager handcuffed to a hospital bed in 2016 said he believes the officer could eventually return to work.
Const. Corey McArthur appeared in person for a professional hearing Tuesday at the Holiday Inn, which began with McArthur pleading guilty to the discreditable conduct charge.
The ruling on any professional punishment McArthur will get will take place in late October at the earliest.
McArthur previously pleaded guilty to criminal assault and was given a conditional discharge and three years probation for the assault, which was captured on security video at Guelph General Hospital.
Dr. Jonathan Rootenberg is a psychiatrist with a specialty in trauma who has worked with McArthur since 2018, initially as part of the most recent criminal trial.
Rootenberg was called as a witness by McArthur’s attorney, Joseph Markson, as a submission for sentencing.
A total of three reports about McArthur and his post-traumatic stress disorder (PTSD) diagnosis have been written by Rootenberg, in 2018, 2019 and 2020.
Rootenberg said McArthur was obviously symptomatic of PTSD in their first meeting on Feb. 28, 2018, but he has seen a marked improvement over that time.
Although McArthur may have already had some symptoms of PTSD, Rootenberg said the main trigger for the officer was the death of Const. Jennifer Kovach on March 21, 2013.
Kovach died as a result of a collision on her way to an assist call put out by McArthur. Rootenberg said McArthur considered her to be like a little sister and blamed himself for her death.
McArthur met the criteria of a PTSD diagnosis, said Rootenberg, because of the symptoms he exhibited, including negative alterations in mood, flashbacks, guilt and shame after the incident and an inability to feel positive emotions, among others.
Rootenberg said McArthur also had recurring nightmares where he pictured Kovach in a hospital bed and he would touch her face and kiss her forehead.
He would also avoid the scene of the collision and Kovach’s grave site. Rootenberg said avoidance is another symptom of PTSD.
“It’s clear by all accounts this March 2013 traumatic event was key in bringing out his symptoms,” said Rootenberg.
Because the defence examination took up the remainder of the day, the prosecution counsel has not had an opportunity to cross-examine the expert.
Undiagnosed and untreated, McArthur continued his work as a police officer until after the events of Sept. 19, 2016, at Guelph General Hospital when the officer was assisting in restraining a 17-year-old youth who, according to the agreed statement of facts, was attempting to self-harm.
Three officers were restraining the youth, who was handcuffed to the hospital bed, when he struck McArthur in the chest or stomach with his right leg.
McArthur immediately responded with an elbow strike. When the officers removed their hands from the youth’s head, chest and legs a small pool of blood could be seen when he raised his head and blood was all over his face.
It was later determined the youth had a laceration under his right eye, as well as bruising and swelling. Hospital staff were told the youth cut his own face. When hospital security reviewed the video it was reported to police.
Rootenberg said the response by McArthur was consistent with PTSD symptoms, including hyper vigilance and a concern for the protection of his fellow officers on the scene.
Rootenberg said McArthur has responded well to treatment and as of his most recent assessment no longer experiences nightmares or flashbacks, though he does think of the events of March 21, 2013 on most days.
McArthur has engaged in exposure therapy and has since been able to revisit the scene of the collision and Kovach’s grave site.
“He has done quite a bit of work, clearly and continues to work with his therapist,” said Rootenberg.
Rootenberg said he believes the progress made by McArthur means he could return to duty in a graduated fashion, half days at first and avoiding night shifts. Front line duties should be avoided at first and McArthur should continue to be assessed by his therapist and CAMH.
“I think it would make sense to do it that way,” said Rootenberg.
In his most recent report, Rootenberg noted a discussion with McArthur’s therapist Dr. Kathryn Douglas, in which she told him the officer has had expressed concerns regarding anti-police sentiment in response to the death of George Floyd, a Black man who was killed on May 25, 2020 in Minneapolis, Minnesota during an arrest.
According to the report, she told Rootenberg that McArthur found the ‘defund the police movement’ to be very distressing.
Multiple documents were entered into evidence at the beginning of the hearing, including McArthur’s employment record, the sentencing documents for the two times he was found guilty of assault, medical documents and the video itself.
McArthur, who appeared in a black suit and dark thick-rimmed glasses, pleaded guilty to the sole charge of discreditable conduct.
The video of the assault was played in camera as part of the agreed statement of facts for the hearing, but members of the public and the media were not permitted to view it Tuesday to protect the privacy of the 17-year-old victim.
It is a longer version of the video released to media during the criminal trial, without the face of the victim blurred.
On Sept. 27, 2019 McArthur was sentenced to three years probation and 240 hours of community service. He does not have a criminal record as a result of the sentence.
McArthur was also charged with criminal assault on two other occasions: 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, a charge that was later withdrawn.
The hearing will continue on Oct. 27.
