Constable’s future in hands of hearing officer
Brian Wren is fighting to keep job with Hamilton police after being convicted of assaulting prisoner
A Hamilton police officer who kicked, pressed and stomped on a man’s head during his arrest told a disciplinary hearing that he is “ashamed and humiliated” by his conduct and takes full responsibility.
During the final day of his Police Services Act sentencing hearing Friday, Const. Brian Wren said he is sorry to the victim and recognizes the profound impact on the victim’s life. He also apologized to the police service and community.
Wren pleaded guilty to discreditable conduct last month. The disciplinary charge stems from his criminal court conviction last year when he pleaded guilty to assaulting Patrick Tomchuk, an Indigenous man, and was handed a suspended sentence and 18 months probation.
The Hamilton Police Service is seeking Wren’s dismissal, with police prosecutor Jessica Barrow repeatedly describing the assault — which was captured on video — as “unnecessary and gratuitous” violence.
Tomchuk was not named during the PSA hearing, but Wren acknowledged that his actions “put a blemish” on the police service’s path to mending relationships with the Indigenous community. While noting the “black cloud” the assault caused, he also said he wanted to “clarify this occurrence had nothing to do with race or ethnicity.” Rather, he said he reacted out of fear in a dynamic situation.
Wren’s lawyer K.C. Wysynski, counsel for the Hamilton Police Association, argued that termination would be excessively harsh and instead asked for a forfeiture of hours. She pointed to Wren’s otherwise unblemished 13-year record and “stellar” reputation within the police service.
This included Wren being promoted to sergeant just before the incident; he was suspended before being granted a permanent position and the service revoked his acting sergeant status. The lost promotion is the subject of a separate grievance process paused during the disciplinary hearing. Wysynski said Wren has lost out on about $30,000 over his two year paid suspension.
She also read parts of support letters from nine community members and 16 police community members. She noted 12 of those letters were from members still actively employed with Hamilton police, where the chief is seeking Wren’s dismissal. “It is exceptionally rare for a serving officer speaking out against position of a commanding officer,” she said.
The support letters described Wren as a leader, a hard worker and a diligent and patient officer. Many expressed shock at Wren being involved in this incident and noted his remorse. Wysynski said it was the “result of one, isolated adrenaline-fuelled event that was entirely out of character.”
Barrow argued Wysynski was attempting to fundamentally recast the nature of the assault.
Earlier in the hearing Wysynski had urged the hearing officer to come to a different conclusion than Ontario Court Justice Bruce Pugsley, who described Wren’s actions during sentencing in criminal court as “assaulting a helpless prisoner.”
Pugsley said that the officers arresting Tomchuk were not in need of any assistance and that the multiple blows to the head and face — including some where Tomchuk appears unconscious — were not reasonably placed or targeted.
However, Wysynski argued that Wren was coming to the aid of his fellow officers and that “AA” (how Tomchuk is identified in the PSA proceedings) was still actively resisting. Wren concedes he used excessive force, but Wysynski also argued that his actions were not “stomps.”
While Wysynski said the comments from Pugsley were his opinions, Barrow said they were findings of fact that the PSA hearing is bound to accept.
“To now say (the judge) got it wrong undermines the administration of justice,” she said.
Barrow also pointed to the video, which she said clearly shows upwards of 15 blows while multiple officers are already on top of him.
“She wants you to conclude the officer just took it a little too far,” Barrow said, adding that it’s impossible to watch the video and come to that conclusion.
Wren hit Tomchuk with so much force that he broke his own toe in the act.
The hearing officer, retired OPP superintendent Greg Walton, will release a written decision at a later date.