RPS corporal granted conditional discharge after assault

A longtime Regina police officer was granted a conditional discharge Friday afternoon in connection with an assault against a 13-year-old boy in custody last year.

Cpl. Colin Magee, 47, pleaded guilty Sept. 16 to assaulting the boy, who’s known for being a frequent runaway, in the holding area at the Regina Police Service headquarters on Sept. 27, 2018.

During the incident, which was captured on surveillance video, Magee is seen assaulting the boy after he didn’t reveal what was inside a white baggie in one of his pockets.

“If I cut that open and there are drugs in there that could be dangerous to me, then I’m going to be very upset and you’re going to be facing a lot more serious charges,” Magee told the youth.

“It’s a family thing,” the boy replied.

“Is there a chance that that could be drugs?” Magee asked the 13-year-old again.

“No,” the boy replied, visibly frustrated.

A few moments later, Magee is seen coming out from behind the booking desk to confront the youth, who is roughly a head shorter.

“OK, bud. I’m not going to f— around with you anymore. I’m trying to be nice to you. You said it’s from a family member, right?” Magee asked the boy.

“Yes, figure it out yourself then,” the boy said before Magee grabbed him by the scruff of the neck and threw him to the floor.

“I need to know if that’s going to be dangerous to me or my partners and I’m not going to suffer your bull—- attitude,” Magee said before pulling the boy to his feet again.

On Friday, Judge Murray Hinds called Magee’s actions “gratuitous violence” and “completely unnecessary.”

However, Hinds noted that Magee’s previous guilty plea and desire to offer the youth an apology shows that he’s “genuinely remorseful.”

Hinds also pointed to a number of Magee’s “stressers” — such as an ill wife — that could have led up to the incident.

Before announcing his decision, the judge also mentioned he considered reference letters from fellow veteran police officers, outlining Magee’s hard-working nature and genuine care for others, that showed how “out of character” this incident was.

Aaron Fox, Magee’s defence lawyer, said a conditional discharge is a fair sentence.

“What we learned from a case like this is that behind every uniform and inside every uniform is an individual who has things going on in their world — good things and bad things, stressers and problems and health issues and so on. I think we have to remember that when we see conduct which went across the line,” Fox told reporters after the sentencing hearing.

“This is a case where there’s no question that it was conduct that crossed the line and this officer accepted responsibility for it.”

Crown prosecutor Bill Burge said the judge weighed all the factors before making his decision.

“It’s clear that (Hinds) thought about this carefully and considered all of the aggravating and mitigating factors, and imposed the sentence that he thought was appropriate,” Burge explained, noting the outcome sends a message to other police officers.

“I think the fact of a charge and an appearance in court and taking responsibility is something that other officers will take note of. So in that sense, yes, this does have a deterrent effect.”

Over the next year, Magee has to abide by a number of conditions, including taking anger management programming and personal counselling, and completing 150 hours of community service. He is also not to contact the boy, but must prepare a written apology letter for him by Nov. 30, which will be delivered by a third party.

Magee has a second assault charge that’s expected to go to trial in December. Until that’s dealt with, a Regina police spokesperson said Magee will continue working on administrative duties, away from the public.