Hamilton police officer pleads guilty in connection to violent arrest last May

A Hamilton police officer has pleaded guilty to assault in connection to the violent arrest of a man at a gas station last spring.

Const. Brian Wren, who has worked with the force for more than a decade, pleaded guilty to the charge Monday morning. He appeared virtually in the Hamilton courtroom.

His plea comes more than eight months after the disturbing arrest of Patrick Tomchuk, an Indigenous man, was recorded by a witness on their cellphone and later made public.

While the violent take down took place on the evening of May 26, the court heard that the chain of events leading up to Tomchuk's arrest began the day before in the city's east end, said Crown Richard Garwood-Jones, who read a synopsis of the events to the court.

Wren, who was investigating vehicle thefts, had located a Black 2007 Ford F350 pickup truck near the Centre on Barton around 11:40 p.m. on May 25.

A search of the vehicle's licence plate revealed it had been reported as stolen with the Greater Sudbury Police Service. However, the driver of the vehicle was not identified at that time.

Officers continued to watch the vehicle into the next day and by the evening of May 26, it was considered a target."

The vehicle was followed as it travelled around the lower city. While the truck was stopped on Ashford Boulevard, between Main Street East and Maplewood Avenue, the driver was identified as Tomchuk. There were also two women in the vehicle.

Court heard Tomchuk has an extensive criminal record, including many convictions for offences related to weapons, stolen vehicles, driving while disqualified, breaching court orders and fleeing from police. At the time of his arrest last May, he was prohibited from driving.

Tomchuk has also struggled with addiction, court heard.

Eventually, the vehicle made its way up onto the Hamilton Mountain before pulling into the Mobil gas station at Upper Sherman Avenue and Mohawk Road East just before 9 p.m.

Video from the gas station played in court showed Tomchuk move to start filling the vehicle up with fuel. Moments later, three undercover police vehicles descended into the parking lot.

The fray began when two officers went after Tomchuk, who got caught up on the gasoline hose as he tried to get away. Two more plainclothes officers then joined the tussle as they attempted to arrest him.

A total of three videos taken from the gas station were played in court - however, it's the nearly minute-long video taken by a witness that was previously called troubling" and disturbing" by Chief Frank Bergen of the Hamilton police.

That video shows the struggle, where Tomchuk is wrestled, punched and kicked by a handful of officers - including Wren, wearing a black-and-white cap, who struck him in the face several times.

During the arrest, Tomchuk becomes unresponsive on the ground and his face rolls toward the camera, with his eyes closed and body limp. Wren then stomps on his head once again before leaving the frame and what appears to be blood can be seen coming from his ear.

As the videos played in the courtroom, at least one observer could be heard describing the actions of police as disgusting."

Garwood-Jones said officers requested medical help for Tomchuk, who was given two doses of Narcan after police were told that he had smoked a white, powdery substance" not long before the incident.

He never came to and was transported to St. Joe's by paramedics. Wren also attended the Juravinski Hospital for a hurt foot, which ended up being broken in two spots.

Tomchuk eventually regained consciousness just after midnight on May 27.

A photo of Tomchuk taken that day showed a large bruise on the left side of his face, minor bruising on the right side of his face, as well as some scrapes and cuts on his nose, lip and near his eyes.

Tomchuk told police at central station that the officers involved in his arrest f---ed me up ... stomped on my head and everything."

Tomchuk was in the courtroom Monday, surrounded by nearly a dozen supporters. He wore a blue and grey tracksuit, while some of the other attendees donned orange shirts, many with the phrase Every Child Matters" written on them.

The 34-year-old is out on bail and is living with family while under house arrest.

Tomchuk 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 resisting arrest in connection to the incident.

Following a police investigation into the violent arrest, Wren was charged with assault in mid-June. He remains suspended with pay (as is required by law in Ontario).

The incident spurred a review of the force's policies and procedures on the use of force and prisoner handling. The revised guidelines were approved by the Hamilton police services board last August.

Wren's lawyer, Bernard Cummins, requested both a pre-sentence report as well as Gladue report - which detail the unique circumstances of Indigenous offenders - ahead of the sentencing hearing.

The hearing was the first time the media had heard that Wren has self-identified as Indigenous.

Wren is expected to be sentenced on June 2. Tomchuk and members of the local Indigenous community are expected to read impact statements at that time.

Fallon Hewitt is a reporter at The Spectator. fhewitt@thespec.com