Police officer acquitted of assault on prisoner
Cpl. Colin Magee hugged his family and shook hands with colleagues Thursday upon learning he was found not guilty of assaulting a prisoner inside a police holding cell.
During his December trial, a security video was played showing the interaction between the Regina police officer and Lucien Gaudette, 42, who was being released from custody after spending the night in cells on Sept. 25, 2018.
Magee began explaining Gaudette’s release conditions and asked for his signature. Becoming increasingly agitated, Gaudette told Magee, “It doesn’t matter anyway,” when asked if he understood. Magee then tried to take a pen out of Gaudette’s hand, but the prisoner pulled his arm away and behind his back. Magee asked Gaudette twice to drop the pen. When he didn’t, Magee pushed Gaudette and tripped him onto the ground.
In his decision, provincial court Judge Pat Reis said there was nothing in the video to suggest Magee’s use of force was excessive or unnecessary. He also concluded Magee had reasonable grounds to believe there was a threat of physical force, and that the pen Gaudette refused to give up posed a danger as a potential weapon.
“It very well could have been used as such,” said Reis.
The judge also noted that once Magee took Gaudette to the ground, he did not attempt to exert any additional force, such as punching him. In the video, Magee briefly holds Gaudette in an arm lock before letting him stand back up. Reis concluded only a minimal amount of force was needed to defuse the situation — and Magee acted accordingly.
Reis addressed one discrepancy. Magee had stated in a report that it appeared to him Gaudette was holding the pen at shoulder level. The security footage showed this not to be true, which Magee acknowledged in cross-examination.
Reis believed Magee was being truthful, and it would not have made sense for him to lie when he knew the encounter was filmed.
In court on Thursday, Magee was joined by his wife and children, as well as members of the Regina Police Service, including a uniformed officer and Deputy Chief Dean Rae.
Although assigned to other duties following the incidents, Magee is still employed with the RPS.
He previously received a conditional discharge after pleading guilty to assaulting a 13-year-old boy in the cell area, an incident that occurred one day after the alleged assault on Gaudette.
Magee also faced an assault charge in 2016, but it was later withdrawn after it successfully went through mediation. Neither of the previous assaults were brought up during the trial.
Defence lawyer Aaron Fox said this case was decided on its own facts, particularly the security video.
“This was a case where you had a video that displayed in pretty great detail, both the audio and the video, as to what took place,” Fox told reporters. He said the decision illustrates how officers have to make quick, use of force decisions.
Fox said the fact Magee admitted to an assault that occurred the day after the incident with Gaudette lent his client credibility.
“On that one he accepted responsibility for what he did, recognized that what he had did wrong and stood up and took his punishment. In this case, he knew why he acted and this was a completely different factual scenario, and he was obviously believed,” said Fox.
Magee did not speak to media following the decision, but Fox said it was safe to say his client was eager to put the trial behind him and get back to his job as a police officer.
With the criminal proceedings concluded, a review will now be carried out by the Public Complaints Commission.
Following that review, the RPS said Chief Evan Bray will make a determination on any next steps to be taken.