Family of Indigenous man want to hear from person who filmed arrest by Hamilton police officer

The family of the Indigenous man who was allegedly assaulted by a Hamilton police officer says they’re grateful to the civilian who took the video that resulted in that officer being charged. They also ask that she share the video publicly.

Patrick Tomchuk’s family was in court for his bail hearing on Wednesday, where they saw the footage of the 32-year-old being arrested at a gas station on the Hamilton mountain on May 26.

The video, which cannot be released by the court, shows Tomchuk being pinned to the ground near a gas pump, surrounded by officers. One can be seen repeatedly kicking him in the head and stepping on him, holding his head down with his foot, even after it appears Tomchuk has lost consciousness.

The person filming appears to be sitting in the driver’s seat of a vehicle and filming through the window, uttering a few obscenities and words of disbelief while the events unfold.

Dhelia Baldwin, Tomchuk’s sister, told reporters after the hearing that the video was hard to watch.

“It honestly broke my heart and made me sick,” she said.

“Our whole family was crying. He was unconscious, and they still continued to stomp on his head. They brought him down. They stomped on him, knocked him out, and then the police officer actually walked around and continued to stomp on his head again. It was disgusting.”

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Hamilton’s police chief called the video “disturbing” while speaking to media outside the central police station on Tuesday, adding that Tomchuk was suspended as soon as investigators saw the footage.

The Special Investigations Unit declined to investigate, saying Tomchuk’s injuries didn’t meet the threshold for them to invoke their mandate, so Hamilton police launched a criminal investigation.

As a result, Const. Brian Wren was charged with assault on June 16.

Baldwin and other family members, including Tomchuk’s mother, are issuing a plea to ask the person who filmed the footage that resulted in Wren being charged to share the video publicly.

“We actually want to urge her to maybe come forward, whether it be (through) social media, news outlet or even if … she can even submit the video to me personally – it would help the case and the whole Indigenous community itself, it would really help.”

Tomchuk’s family said this isn’t the first time that he’s been arrested, but they also allege it’s not the first time he was assaulted during an arrest.

On Tuesday, Bergen said he wasn’t aware of any previous reports of assault during an interaction between Hamilton police and Tomchuk, but said that the service is looking through past encounters.

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Baldwin said the only difference this time is that someone was filming the arrest.

“I think that it just needs to be shown and people need to know that this does happen. And we’re just lucky because it was on camera.”

She also said she hopes there are repercussions for the other officers who can be seen surrounding Tomchuk in the video.

Tomchuk, who faces a list of charges that includes possession of proceeds of crime and driving while prohibited, was granted bail on Wednesday but must remain in custody until he can be fitted with an electronic monitoring device.

He was released on three bonds of $2,000 – one of his own, as required by the judge, and two others pledged by two of his cousins.

He will live with one of those cousins in Grimsby and must abide by certain conditions, including not possessing any weapons and not driving or sitting in the driver’s seat of a vehicle.

His next court date is in September.

Wren’s first appearance in court was on July 21 and he’s due for a second appearance later this month.