Indigenous community “very concerned” about alleged assault of man during arrest by Hamilton police

Member of Hamilton's Indigenous community are very concerned" about the alleged assault of an Indigenous man by a Hamilton police officer during his arrest in May, and say it appears to not be an isolated incident.

The arrest at a Hamilton gas station the night of May 26 was captured on video and led Hamilton police to immediately suspend the officer. After an investigation, Const. Brian Wren was charged with assault on June 16.

In a joint press release, the Hamilton Regional Indian Centre (HRIC) and the Hamilton Community Legal Clinic alleged this is the second incident involving the man and police. They also called for major changes" to protect Indigenous community members, along with other marginalized groups.

The organizations are holding a joint news conference outside of police headquarters on King William Street at 12:30 p.m. Aug. 2 where Indigenous community members, leaders and allies are expected to release several calls to action.

Patrick Tomchuk also faces a number of charges in relation to his arrest May 26 and other incidents. He remains in jail facing charges of possession of property obtained by crime related to allegations of three stolen vehicles, driving disqualified and breach charges. He was charged with assault - resist arrest from the May 26 incident.

His lawyer, Jenn Steenbeek, says a bail hearing is scheduled for Wednesday, the day after Indigenous community members are coming together.

We are very concerned," said Lyndon George, the legal clinic's Indigenous justice co-ordinator.

The group is asking both for an investigation into any repetitive, aggressive behaviour toward Tomchuk, as well as broader changes to address more systemic concerns.

George said he has not seen video of the arrest - nor is he sure he wants to - but believes it is important that it be made public.

It appears the video has not been posted to social media. It was collected by police and is evidence in the court case.

George said they are in the process of setting up a meeting with police.

This is an opportunity for all of us to come to the table," he said.

Hamilton Police Deputy Chief Ryan Diodati would not discuss details about what allegedly happened the night of May 26, saying both cases are before the courts.

However, he said police were aware that a male was hurt at a gas station that day.

The man - Tomchuk - was taken to hospital and police reviewed the video at the gas station. Diodati said police also identified an independent witness, who also took video of the incident.

What police saw on video led the police service to immediately suspend" Wren, he said.

Police contacted the Special Investigations Unit, however, the SIU did not investigate because Tomchuk's injuries did not meet the police watchdog's threshold for serious injury.

Diodati said Hamilton police initiated its own investigation, and that's what led to the June 16 assault charge.

Once the officer was charged with assault, police proactively advised HRIC about the arrest and the fact victim is an Indigenous male, he said.

Diodati said he was not aware of any other incident involving this same man and police. However, Chief Frank Bergen has already been in contact with the community and has provided an opportunity to meet and discuss this matter further."

Wren remains suspended and had his first court appearance July 21. He has worked recently in the high enforcement action team (HEAT) and break enter, auto theft and robbery (BEAR) units investigating vehicle thefts.

In March, he was interviewed by The Spectator for a story about Project Hot Wheels, a servicewide initiative prompted by a 46 per cent increase in stolen vehicles, thefts from vehicles and stolen vehicles used in the commission of other crimes in Hamilton last year.

Nicole O'Reilly is a crime and justice reporter at The Spectator. noreilly@thespec.com