Court shown disturbing video of Indigenous man beaten during his arrest by Hamilton police

Four police officers struggle with Patrick Tomchuk on the concrete ground of a Hamilton gas station.

He is wrestled, punched and kicked.

They're stomping on his head," cries out a woman who is recording the arrest through the front driver's side window of a car.

Tomchuk appears to go limp and one of the officers walks around in front of him. His face rolls toward the camera, eyes closed and looking unconscious, as the officer stomps on the 32-year-old's head again.

This video was played by Tomchuk's lawyer, Jenn Steenbeek, during his bail hearing Wednesday.

Some family, including his daughters, left the courtroom while the video played after the court gave a warning about the disturbing content. Other family gathered, including his mom Olga Tomchuk, and wept while they watched. No one outside of police and lawyers had seen the video before Wednesday. It has not been made public.

Both Tomchuk and Const. Brian Wren face charges from that confrontation May 26.

Wren was immediately suspended by Hamilton police. After an investigation, he was charged with assault in June. He remains out of jail awaiting trial.

But Tomchuk has been in custody since 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.

On Wednesday, after watching the video of the arrest, justice of the peace Linda Crawford agreed to release Tomchuk on bail. But he isn't free yet.

Court heard he must first be fitted with an electronic ankle monitor. He also has outstanding charges that have to be dealt with in Orillia and Niagara. Niagara police picked him up from the courthouse after the bail hearing. It's unclear when the 32-year-old will be released.

Commenting on the video, Crawford said the police officers appear to beat Tomchuk until he's unconscious. Whatever resistance Tomchuk allegedly gave does not match the police aggression" that will no doubt result in triable issues" in this case, she said.

Court heard Tomchuk has a long criminal record, including many convictions for offences related to stolen vehicles, driving while disqualified, breaching court orders and fleeing from police. Tomchuk, who is Indigenous, also struggles with addiction.

Crawford agreed with Crown attorney Brian Adsett, who argued that given his record Tomchuk was likely to reoffend and that he could put the public at risk. However, the justice of the peace ultimately found that he had a good surety plan in place.

Two of Tomchuk's cousins, Jessica O'Neill and Laura Erie, have agreed to keep watch on the 32-year-old. He is going to live, under house arrest, with O'Neill, and Erie will watch him while O'Neill is at work. O'Neill, Erie and Tomchuk have each pledged $2,000 to the court should he breach his release conditions, which also include not driving or possessing weapons.

Both of the cousins told the court they were aware of Tomchuk's struggles but believed he was motivated to make a change now because he recently reconnected with his two daughters.

With his daughters coming back into his life I believe he is ready to turn his life around," O'Neill said.

Tomchuk is also supported by the Hamilton Regional Indian Centre where the family plans to enrol him in programming for addiction and trauma.

Outside of court, Tomchuk's family said they were happy with the bail decision. As difficult as it was to see the video, they're also very grateful to the woman who recorded it. Without it, they believe he may not have been released on bail and the officer likely wouldn't have been charged.

This is not the first time Tomchuk has had a violent encounter with police, it's just the first time it was captured on video, the family said.

We really want to thank her from the bottom of our hearts," said Tomchuk's sister Dhelia Baldwin. She also urged the unnamed woman to release the video either through social media, a news outlet or to the family directly.

Olga Tomchuk also thanked whoever took the video and said it would help the family greatly if they came forward.

The video is horrible" and disgusting." It broke my heart and made me sick," Baldwin said. But it is important to the family and the Indigenous community that it been seen.

I think that it just needs to be shown and people need to know that this does happen," she said.

The case has sparked sharp criticism and calls to improve how police deal with Indigenous and other communities.

After a gathering organized by the Hamilton Regional Indian Centre and Hamilton Community Legal Clinic Tuesday, Hamilton police Chief Frank Bergen called the video disturbing" and troubling."

The police service is looking into any past encounters between officers and Tomchuk, he said. Bergen also committed to some of the changes requested by community groups, including hiring an Indigenous liaison officer.

The case returns to court Sept. 8.

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