Regina police officer who assaulted boy, 13, in custody given conditional discharge

A longtime Regina Police Service officerwas given a conditional discharge on Friday for assaulting a 13-year-old runaway who was in custody at the time of the incident.

Cpl. Colin Magee pleaded guilty last month to assaulting the teenon Sept. 27, 2018, in the holding area of the RPS headquarters.

Magee's discharge came with the following conditions:

• A no-contact order.
• One-hundred fiftyhours community service, to be completed in one year.
• A written apology to be written and delivered to youth by Nov. 30, 2019.
• Complete ananger management course.
• Continue counselling.

The teen was a frequent runaway and had been arrested by police for outstanding warrants. Magee was on booking duties in the cells and was logging the teen's items.

Magee questioned the boy about a pill bottle which had a baggie inside of it. The boy said he did not know what was in the bottle but then changed his story and said, "it's a family item," but did not elaborate.

Magee and the teen went back and forth, growing increasingly louder until Magee walked out from behind the desk, grabbed the teenwho standsapproximately five feet tallby the scruff of his neck and forced him to the ground.

All of this was caught on camera, from multiple angles.

Warning: video contains profanity, contents may offend

Court video from Regina police officer assault case

5 years ago

Duration 1:57

Regina police officer Colin Magee was given a conditional discharge after pleading guilty to assaulting a boy, 13, who was at the police station.

On Monday, Crown prosecutor Bill Burge had asked that Magee be given a fine and probation, up to the discretion of the judge. Magee's defence lawyer, Aaron Fox,asked that his client be given a conditional discharge.

Fox saidwhile Magee's conduct crossed a line, his client accepted responsibility from the start.

He said the case teaches that police officers are also human beings.

"Inside every uniform there is an individual who has things going on stresses and problems and health issues,"Fox said.

Burge said he believes Hinds imposed the right sentence, based on the information he was given, and said the sentence sends a message to other officers.

"I think the fact of a charge, and an appearance in court and taking responsibility, is something other officers will take note of," said Burge.

In an email on Monday, Elizabeth Popowich, manager of public information and strategic communication for the police service, said no final decisions have been made regarding Magee's employmentbecause the criminal matters had not been concluded.

In September of 2018, Magee was charged in connection withan assault on another man in theRegina Police Service's holding area.

He pleaded not guilty to that charge and is set to go to trial for that matter in December.

'Unprovoked' and 'unnecessary': judge

In his decision, Judge Murray Hinds found Magee's assault on the minorwas "unprovoked" and "unnecessary," and that Magee was in a position of authority over the youth.

He said the youth posed no danger to Magee or the other officers.

Hinds said while the assault was unacceptable, he also had to weigh the fact Magee was under significant personal stress at the time of the incident. His wife was suffering from aterminal autoimmune disorder, which had recently gotten worse at the time of the assault.

Hinds also acknowledged the remorseMageeexpressed to the youth at a court appearance earlier this month, and commended him for seeking counselling. He said Magee was a low risk to reoffend.