Hamilton police want to fire cop captured stomping on man’s head
Brian Wren pleaded guilty to discreditable conduct for assault conviction
The Hamilton Police Service is seeking the dismissal of an officer convicted of assault after he was captured on video stomping on a man’s head during an arrest at a gas station on the Mountain.
Brian Wren, a constable, pleaded guilty to discreditable conduct at a Police Service Act hearing at Hamilton police headquarters Tuesday. The disciplinary case stems from his criminal conviction last year when Wren pleaded guilty to assaulting Patrick Tomchuk and was handed a suspended sentence and 18 months of probation. Video taken by a witness at the Upper Sherman Avenue gas station on May 26, 2022, showed the officer repeatedly kicking, stomping and pressing on Tomchuk’s head, including while Tomchuk appeared unconscious.
Tomchuk is Mohawk from the Bear Clan of Six Nations of the Grand River, and his assault led to public outcry and a focus on how police and the Indigenous community interact. Tomchuk was not named during the PSA hearing but was instead referred to as “AA.”
During sentencing submissions Tuesday, police prosecutor Jessica Barrow described the fallout as a “reckoning” between the police service and the Indigenous community. Although, she also noted there was no evidence the assault was motivated by race.
She conceded that Wren had an otherwise unblemished record over his 11-year career with Hamilton police before the assault. However, she argued the seriousness of the offence — which she repeatedly described as “unnecessary and gratuitous” violence — was reason enough to fire Wren. She also pointed to public impact and ongoing damage to the police service.
“The public would be outraged, and they would point that outrage at the service” should Wren be allowed to return to policing, Barrow argued.
K.C. Wysynski, Hamilton Police Association counsel, said dismissal would be “excessively harsh and punitive” and instead called for the forfeiture of nine days pay. Wren was an acting sergeant at the time of the incident and had successfully been promoted to sergeant but had not yet been placed in a permanent sergeant position.
Hamilton police immediately suspended Wren following the incident and rescinded his promotion. A grievance over the lost promotion previously threatened to delay the police act hearing, but the issue was resolved prior to Tuesday.
Wysynski argued that the prosecution’s description of the incident as gratuitous was “absolutely not the case.” Instead, she framed what happened in the context of an “active and dynamic” arrest of someone thought to be armed and with a criminal record that includes violence.
Tomchuk was not armed. According to the agreed facts, Wren was among officers working on a project targeting organized vehicle theft and moved to arrest Tomchuk after he was spotted in a stolen pickup at a gas station on Upper Sherman Avenue. When officers attempted to arrest him, he resisted but was surrounded by multiple officers and taken to the ground. Tomchuk was already on the ground and had officers on him, when Wren ran over. He used such force that he broke his own toe.
Barrow said there was no suggestion at any point that the arrest in itself is unlawful or that other participants in the arrest behaved unlawfully.
While Barrow, echoing the criminal court findings, characterized the assault as being on a prisoner who was already detained and no longer a threat, Wysynski argued the assault occurred during the arrest when there was a heightened risk or fear of safety.
Tomchuk suffered various cuts and bruises, however, the hearing heard it’s impossible to specify what blows caused the injuries.
Tomchuk is suing the Hamilton police services board, Chief Frank Bergen, Wren and eight other officers involved in his May 26, 2022, arrest for $3 million.
According to the statement of claim dated March 13, 2024, Tomchuk is asking for $2 million in damages for alleged negligence, assault, false arrest and breach his Charter rights, including for alleged racial discrimination. He’s also seeking another $1 million in punitive damages, plus any other relief deemed just by the court.
The lawsuit does not solely target Wren, but rather alleges “that at all material times the defendant police officers were acting together ... pursuant to an agreement with the intention and purpose of falsely arresting and assaulting (Tomchuk).”
Further, he alleges the officers — upon realizing their actions constituted assault — conspired to falsely charge Tomchuk; and that the police failed to properly investigate.
Tomchuk suffered head, neck, back and knee injuries that have led to chronic pain, tinnitus, vision and speech impairment; He suffered psychological trauma, cognitive impairments and has ongoing anxiety, depression, fear and sleep disturbances, the statement claims.
The allegations have not been proven in court.
No statement of defence has yet been filed.
Tomchuk faced multiple charges following the incident, including possession of property obtained by crime related to three allegedly stolen vehicles, driving disqualified, assault and resist arrest.
However, those charges were stayed at the request of the Crown after his criminal defence lawyer brought an application arguing that Tomchuk’s Charter rights were violated due to police brutality.
There was no mention of the lawsuit or the charges against Tomchuk during the first day of sentencing submissions at Wren’s disciplinary hearing. However, Tomchuk’s civil lawyer attended.
The disciplinary hearing continues Wednesday.