Warning graphic content: Video released in Hamilton police gas station assault

Video of a man's violent arrest at a Hamilton gas station, where he was allegedly assaulted by a Hamilton police officer, has been made public.

The disturbing video, which was played at the 32-year-old's bail hearing earlier this week, shows four plainclothes officers struggling to arrest Patrick Tomchuk and bringing him to the ground. He is punched and kicked before he appears to lose consciousness. One of the officers repeatedly stomps on Tomchuk's head.

There is no publication ban in the case and The Spectator sought judicial approval to access the video, which was released Friday. The video has been edited to remove profane language.

Tomchuk's family and Indigenous community members have called for the video to be made public. They say this is not the first time Tomchuk has been hurt during an arrest, but it is the first time it has been captured on video.

The 32-year-old, who is Indigenous, was arrested at a gas station May 26. He faces multiple charges, including possession of property obtained by crime related to three allegedly stolen vehicles, driving disqualified and breach charges. He is also charged with assault and resist arrest.

After his arrest, Hamilton police reviewed surveillance video from the gas station and from a witness who recorded the incident. What they saw led police to immediately suspend Const. Brian Wren. In June, Wren was charged with assaulting Tomchuk. Hamilton police Chief Frank Bergen has called the video disturbing" and troubling."

At Tomchuk's bail hearing Wednesday, his lawyer Jenn Steenbeek played the video. Some of Tomchuk's family members left the courtroom before it played due to its graphic content. Those who remained wept.

At the bail hearing, justice of the peace Linda Crawford said the police officers appear to beat Tomchuk until he's unconscious. The police aggression will no doubt result in triable issues" in this case, she said.

Court heard Tomchuk has an extensive record that includes convictions for stealing cars, possessing stealing cars and flight from police. The Crown argued that he was likely to reoffend and could be a danger to the public if released.

Crawford agreed, but found he had a good surety plan put together by family. It includes house arrest and Tomchuk living with constant supervision from two cousins. They are also connecting him with programs for addiction and trauma at the Hamilton Regional Indian Centre. Tomchuk has recently reconnected with his daughters and is motivated to make changes, the family told the court.

Crawford agreed to release Tomchuk on bail, however, he was immediately picked up by police and taken to Niagara where he faced separate charges. The 32-year-old was then released from Niagara on Friday, after being fitted with an electronic ankle monitor.

I think that (the video) just needs to be shown and people need to know that this does happen," Tomchuk's sister Dhelia Baldwin said outside court Wednesday. The family thanked the unknown woman who took the video. On Friday, Baldwin said her brother also wanted the video released.

The case has sparked sharp criticism and calls to improve how police interact with Indigenous and other communities. Hamilton police have committed to changes and are looking into any past encounters involving Tomchuk.

Wren remains suspended with pay (as is required by law in Ontario). He was released after his arrest and made 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.

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