Hearing to determine policing fate for Hamilton officer who assaulted Indigenous man

AHamilton police officer who kicked an Indigenous man in the head during an arrest in May 2022apologizedfor his actions during aPolice Services Act hearingthat will determine whether or not he can keep his job.

"My behaviourwas not acceptable and I regret my actions wholeheartedly," Brian Wren said during the virtualhearing on Friday.

He said he blamed no one but himself for the "20 second blemish" which was a "mistake of the heart .. of fear and being scared in a dynamic situation."

"I acknowledge the damage this has placed on everyone affected," he said, wearing a suit and sporting a thin, salt and pepper beard.

In March, Wren pleaded guilty to discreditable conduct. It follows court proceedings last year, which ended with Ontario Court Justice Bruce Pugsley sentencing Wren to 18 months of probation after he pleaded guilty to assault.

At the sentencing, Pugsley said the Indigenous man, Patrick Tomchuk, was already laying on the ground "unresisting and possibly unconscious," with several other officers involved, when Wren kicked him in the head and face multiple times.

"There was no need of any assistance from the defendant," Pugsley said.

Charges against Tomchuck, including resisting arrest and vehicle theft, were stayed on May 29.

During the Police Services Act hearings, Jessica Barrow, the prosecutor representing Hamilton police, has argued Wren should lose his job and his actions were an example of "gratuitous violence."

Greg Walton, a retired Ontario Provincial Police officer, is chairing the disciplinary hearing.

Officer's lawyer says he was a 'rising star'

On Friday, Wren's lawyer, K.C. Wysynski, said the police service used a "heavy hand" for misconduct that was "highly out of character."

"Dismissal would be excessively harsh," Wysynski said.

Wysynski said Wren's use of force wasn't gratuitous and Tomchuk was actively resisting.

She emphasized that Wren was an acting sergeant poised for promotion, who had a reputation as a leader and a "rising star" in the police service.

Wysynski said he received high scores in performance reviews as recent as a month before the incident.

She also shared positive reviews and comments from high-ranking officers including Paul Hamilton, deputy chief of support services.

Wysynski added Wren was a member of the police service's BEAR unit and HEAT unit relatively early into his career.

She said listed other factors that should be considered in his favour including:

• He pleaded guilty in the criminal proceedings.
• He is remorseful and has apologized numerous times.
• He has a discipline-free record.
• He has a long history of community volunteer work.
• He received roughly 25 letters of support from the community and colleagues.
• The situation has impacted his life and career enough to deter him from any repeat offences.

Tomchuk was 'absolutely defenceless:' prosecutor

Barrow countered Wysynski's arguments, saying she was downplaying the incident.

Barrow told Walton agreeing with Wysynski's assertion that Wren's use of force was excessive but warranted would undermine Pugsley's sentence and the justice system.

She highlighted how Wren struck Tomchuk roughly 15 times and kicked him so hard Wren broke a toe.

"[Tomchuk] was on the ground with multiple police officers holding him there," Barrow said.

"He was absolutely defenceless to the assault of Brian Wren."

Barrow said Walton needs to send a message to other officers and the community at large.

The next hearing's date hasn't been confirmed yet, butWalton said itmay take place at the end of May or some time into June and it willdetermine Wren's fate.