A Guelph police officer fighting to keep his job now accepts “full” responsibility for assaulting a teenager handcuffed to a hospital bed in 2016 – something he didn’t do when a previous professional misconduct sentencing hearing was held.
That’s among the defence testimony of forensic psychologist Dr. Jonathan Rootenberg, delivered Thursday during Const. Corey McArthur’s new sentencing hearing for professional misconduct under the Police Services Act (PSA). His previous sentence – to quit or be fired – was overturned on appeal and a new sentencing hearing ordered.
Rootenberg testified on Thursday McArthur had accepted “partial” responsibility for the attack back when the first hearing was held, but has since developed more insight into his actions.
McArthur pleaded guilty to criminal assault in 2018 for the attack, as well as guilty to the professional misconduct allegation.
The constable has been participating in therapy since shortly after the 2016 attack and was diagnosed with post traumatic stress disorder (PTSD) in 2018.
“He has more insight now that things had built up over the years,” Rootenberg told hearing officer ret. OPP supt. Morris Elbers. “I think he’s more aware now of how his symptoms manifest.”
The PTSD diagnosis is not in dispute during the sentencing hearing, but the extent to which it influenced McArthur’s actions the day of the hospital assault is.
Lawyers for Guelph Police Service want McArthur fired, but his defence team is seeking to have him return to frontline policing duties.
Though he acknowledges McArthur was exposed to potentially traumatic events during his policing career, which began in 2001, Rootenberg said McArthur began showing clear signs of PTSD after the 2013 death of his partner, who fatally crashed her police vehicle into a city bus.
The death of someone McArthur viewed as his “little sister,” was followed by incidents in 2015 and 2016 that saw the officer respond to a traffic incident with a woman trapped inside and the discovery of a human leg along train tracks, Rootenberg said, based on interviews with McArthur.
The cumulative impact of those traumas led McArthur to experiencing PTSD symptoms such as hyper vigilance, aggression and impulsivity, in addition to his feelings of guilt and shame associated with the death of his partner, Rootenberg testified.
At the time of the hospital attack, McArthur wasn’t managing his symptoms well, the doctor noted.
“He was having much more difficulty modulating his anger,” Rootenberg said, explaining McArthur has sought out and participated in treatment beyond therapy and regularly volunteers time with various community organizations. “He’s clearly improved.”
Rootenberg renewed his belief McArthur can return to frontline duties.
“Graduation (of hours and duties), while monitoring, would be very prudent,” he said, adding continued therapy should also be required.
During his 10 interviews with McArthur since 2018, Rootenberg testified he’s seen no evidence of the officer attempting to exaggerate his PTSD symptoms or otherwise attempting to be misleading.
“If anything, he downplayed them,” he said of McArthur’s PTSD symptoms.
The hospital assault wasn’t McArthur’s first. He was convicted of assault in 2008 in relation to the arrest of a man in Downtown Guelph, was accused of an instance of violent behaviour during divorce proceedings in 2010, and police superiors twice spoke with McArthur with concerns about his use of force.
McArthur also faced a private citizen’s charge of assault causing bodily harm in 2012 that was later dropped.
In Rootenberg’s eyes, all of the above were individual incidents and do not demonstrate a pattern of behaviour.
“There’s no evidence I have that shows he had entrenched violent views,” Rootenberg said, also noting during testimony there’s no evidence to suggest McArthur has psychopathic tendencies. “He does not have, in my opinion, a predisposition to violence.”
Rootenberg is expected to face cross examination when the hearing resumes on Monday.
The hearing is scheduled to run throughout next week, along with periodic days in September and October.
McArthur received an absolute discharge, including three years of probation, for the assault in 2008. As a result of a PSA charge for that incident, he was docked 10 days pay.
Following his guilty plea to assault for the hospital attack in 2016, McArthur was handed a conditional sentence with three years of probation and an order to perform 240 of community service.
McArthur has been on paid leave since the hospital assault was reported to police by Guelph General Hospital staff who saw the incident while reviewing security footage.
