Hamilton police disciplinary hearing postponed

Police service is seeking the dismissal of Const. Brian Wren, who was earlier convicted of assault

The disciplinary hearing for a Hamilton police officer convicted of assault has been adjourned to next month.

Const. Brian Wren pleaded guilty to discreditable conduct at a Police Services Act hearing at Hamilton police headquarters Tuesday. The disciplinary charge stems from his criminal court conviction last year when Wren pleaded guilty to assaulting Patrick Tomchuk, an Indigenous man, and was handed a suspended sentence and 18 months of probation.

Video from 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 — as other officers arrested Tomchuk in relation to a stolen vehicle investigation.

On Tuesday, police prosecutor Jessica Barrow said the police service was seeking dismissal for the offence, which she repeatedly described as “unnecessary and gratuitous.”

On Wednesday morning, the sentencing hearing continued with submissions from Wren’s lawyer K.C. Wysynski, who is counsel for the Hamilton Police Association and is arguing that forfeiture of pay is more appropriate. She asserted that her client didn’t “stomp” with full force but that they were “strikes” or “stops.”

Wysynski argued that it was not gratuitous violence, but rather the actions “of an officer in an adrenalin-fuelled event.” It is admitted that Wren unreasonably targeted Tomchuk — identified as “AA” during the PSA proceedings — but his actions happened during the course of a dynamic arrest where “AA” was resisting.

Before Wysynski had a chance to conclude her submissions the hearing was adjourned due to illness. It resumes April 19, virtually.