A Hamilton police officer who pleaded guilty to the assault of an Indigenous man has been given a suspended sentence, with 18 months probation by a judge.
Const. Brian Wren, who has been with Hamilton police for more than a decade, had been accused of stomping on Patrick Tomchuk’s head during an arrest at a Hamilton Mountain gas station tied to a stolen vehicle investigation in late May 2022.
Video footage of the incident taken on a cellphone by a bystander showing Tomchuk pinned to the ground near a gas pump surrounded by officers was a key piece of evidence in the matter.
Justice Bruce Pugsley characterized that content, taken by a “concerned citizen,” as “frightening to watch and unanswerable by the defendant.”
“The officers who were arresting Mr. Tomchuk were in no danger and did not need acting sgt. Wren’s help,” Pugsley said in a reading of his decision in court Thursday morning.
“Further, the defendant applied multiple kicks. Neither was the force used by the defendant in anyway reasonable, nor was it reasonably targeted. To be plain, persons can die from being kicked in the head.”
Pugsley’s decision at the Sopinka Courthouse comes about a month after the Crown and the defence jointly recommended a suspended sentence with 18 months probation.
Additionally, Wren can not communicate directly or indirectly with Tomchuk, except delivery of an apology letter.
He also must perform 200 hours of community service.
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In late May, community impact statements were read by the vice chief of the Congress of Aboriginal Peoples (CAP), as well as a representative of Hamilton’s Indigenous Consultation Circle.
Kimberly Beaudin, vice chief of CAP, told a courtroom then that Wren’s charges were “a starting point” but “insufficient” to relieve the fears of Indigenous people who feel systems do not protect them.
During the hearings, Wren self-identified as Indigenous.
The sentence means Wren will have a criminal record when he appears before an upcoming Police Services Act hearing.
In the aftermath of the 2022 interaction, Hamilton police have since appointed their first Indigenous liaison officer, Stacey Hill.
Hamilton Police Services (HPS) Board chair Pat Mandy told Global News in April that despite being founded “on a negative issue” the new role is the “first step” in opening up conversations, asking: What will make Indigenous community members “feel safer.”
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