Regina Police Service member expresses remorse, desire to apologize for assaulting 13-year-old runaway

A long-time Regina Police Service member will be sentenced 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 runaway, identified as J.M., on Sept. 27, 2018 in the holding area of the RPS headquarters. He addressed the court Monday as lawyers made sentencing arguments.

"First and foremost, your honour, I'd like to say that I owe [J.M.] an apology. My behaviour that day was entirely unacceptable and uncalled for," Magee, 47, said in court on Monday.

The teen was a frequent runaway and was arrested by police for outstanding warrants when he was taken into custody that day. 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 J.M., who stands at approximately 5' tall, by the scruff of his neck and forced him to the ground. All of this was caught on camera, from multiple angles.

Crown prosecutor Bill Burge described the altercation as "gratuitous violence" while defence lawyer Aaron Fox said it was a moment of frustration that boiled over into violence. 

It was noted there were better and more efficient ways to determine what might have been in the bottle, rather than asking the victim repeatedly and in an increasingly confrontational tone.

"Okay, bud, I'm not going to f--k around with you any more — I'm trying to be nice," Magee can be heard saying moments before the assault. Then, Magee grabs the teen and forces him to the ground.

"I want to know if that's going to be dangerous to me or my partners and I'm not going to suffer your bullshit attitude," he says to J.M.

Magee then releases his grip and brings the victim back to his feet.

Burge is asking that a fine and probation be imposed on Magee, up to the discretion of the judge. Fox is asking his client be given a conditional discharge.

Magee under stress at time of incident, his lawyer argues

Burge said the Crown had tempered its expectations for sentencing after reviewing reference letters for Magee, including senior RPS members.

Magee's wife is currently suffering from an incurable condition, which Fox said is resulting in her condition to deteriorate to a point which will be fatal eventually.

His wife's condition put Magee under considerable stress at the time, which contributed to his actions, Fox argued. Fox said Magee has expressed remorse from the beginning.

Burge argued that because Magee was in a position of trust, that the victim was a minor and that J.M. was a prisoner of RPS were aggravating factors.

J.M. reported no injuries and did not file a victim impact statement. Magee has one other matter still before the court as he will go to trial for assault in December.