Not only should a disgraced police officer keep his job, he would serve as a “poster officer” for those suffering from or showing signs of post traumatic stress disorder (PTSD), argued the lawyer representing Const. Corey McArthur during a professional misconduct sentencing hearing on Thursday.
“There’s a resource here in Const. McArthur that would be a tremendous benefit to the Guelph Police Service,” said Joseph Markson. “He’s someone who has lived through the journey … nine years of progress through PTSD and learning from it.”
McArthur’s hearing will determine whether he loses his job with Guelph police or is returned to the force. He’s been on paid leave since a 2016 incident at Guelph General Hospital in which McArthur assaulted a teenager handcuffed to a bed.
Thursday’s hearing focused on defense submissions, with prosecutors slated to begin final submissions on Friday, though Guelph Police Service lawyer David Migicovsky said at the end of Thursday’s hearing he doesn’t expect to wrap up by the end of Friday.
The 45-year-old constable pleaded guilty to a criminal assault charge stemming from that attack in 2018 and received a conditional discharge, three years of probation and ordered to perform 240 hours of community service.
He pleaded guilty to discreditable conduct at the onset of the Police Services Act hearing in 2020.
“He’s someone who could be the poster officer about honesty with PTSD,” Markson added, stating psychology reports indicate he has been forthcoming and dedicated to receiving treatment. “This is a powerful learning and teaching opportunity.”
Following the hospital assault, McArthur was diagnosed with PTSD – something psychiatric specialist Dr. Jonathan Rootenberg testified likely became exacerbated by the death of fellow officer Const. Jennifer Kovach in 2013.
Kovach was “like a little sister” to McArthur, Markson said, adding he felt guilt around the fact she was responding to his call for assistance when she crashed her cruiser into a city bus and died.
McArthur called for backup as he searched a vehicle with two occupants following a traffic stop.
Markson said he’s “puzzled” by GPS efforts to end McArthur’s employment, especially given that his PTSD is job-related and it has an obligation to assist officers struggling with mental health.
In earlier testimony, Rootenberg testified McArthur could return to front line duties without posting a risk to fellow officers or the public, stating the officer’s condition has “improved significantly" since he started treatment six years ago.
Through the guilty pleas, McArthur has accepted responsibility for his actions at the hospital, Markson said.
“He’s open to working in any capacity with the Guelph Police Service.”
McArthur joined the force in 2001.
In 2010 he pleaded guilty to assaulting a suspect during a 2008 incident and received an absolute discharge.
As a result of the two discharge penalties given to him, McArthur currently has no criminal record, Markson pointed out.
During the professional misconduct hearing, the prosecution presented no evidence to contradict Rootenberg’s testimony about the impacts of PTSD on McArthur or his participation in treatment, which “they had every opportunity to do.”
“Const. McArthur has not shown he’s unfit to remain an employee,” Markson added, suggesting dismissal is reserved for the “most serious cases.”
“This is not the most serious event.”
Anticipating a prosecution suggestion McArthur could or should have sought treatment before the 2016 assault, Markson noted GPS management failed to conduct performance evaluations since 2010.
“It’s a loud vacuum in his employment history,” the lawyer said, adding “we might not be here at all” had those evaluations taken place and a supervisor noticed signs of McArthur’s PTSD.
Segments performance evaluations that Markson read into evidence described McArthur as an officer who remained calm under pressure, made reference to his leadership qualities and the positive example he set for junior officers.
“It’s the wrong course of action to seek termination,” Markson added in his concluding comments, adding it would be a “disservice to the public interest” to terminate an officer who is actively being treated for job-related PTSD.
“The courage it takes to climb the steps of recovery with PTSD is monumental.”
