A Regina police officer with 17 years of service on the force was found not guilty of assaulting a prisoner who was being released from custody.
On Thursday, Judge Patrick Reis found that Cpl. Colin Magee did not use excessive force and that he was acting to protect himself during the incident on Sept. 26, 2018.
The decision followed a one-day trial held in mid-December at Regina provincial court.
Footage of the alleged altercation was played during the trial. Magee appears to trip and throw the prisoner, Lucian Gaudette, 47, to the ground after he refused to put down his pen upon Magee’s instruction.
During the trial, Magee testified he had been “a little upset.”
“I just had a prisoner threatened my safety,” said Magee, who told the court he had been stabbed with a pen by a prisoner three months earlier.
His lawyer, Aaron Fox, had argued the use of force was reasonable given the perceived threat.
The Crown argued Gaudette didn’t have threatening intentions.
Earlier this fall, Magee pleaded guilty to an unrelated assault charge involving a teen in custody. The incident involving the teen took place on Sept. 27, 2018, one day after the exchange between Magee and Gaudette.
More to come…
—With files from Roberta Bell
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