By Canadian Press

Vancouver Police Board to receive department’s report on Myles Gray inquest

Jun 15, 2023 | 2:14 PM

VANCOUVER — A report to the Vancouver Police Board says the department is committed to adopting both recommendations from a coroner’s inquest into the beating death of Myles Gray, but advocates say key concerns remain unaddressed.

In a statement released by Pivot Legal Society, the policy director for the B.C. Civil Liberties Association says the police report “leads the reader to believe that everything is fine at the (department) — short of implementing body-worn cameras.”

Meghan McDermott says the department “insists that its approach to crisis de-escalation is fine and dandy,” though she says police are using the same practices they did at the time Gray died in August 2015 after a beating by several officers.

The initial 911 call on the day the 33-year-old died was about an agitated man who was behaving erratically and who had sprayed a woman with a garden hose.

Gray, 33, died after a beating by police that left him with injuries including ruptured testicles and fractures in his eye socket, nose, voice box and rib.

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The jury at the coroner’s inquest made two recommendations for Vancouver police, with expediting the use of body-worn cameras for all patrol officers at the top of the list, followed by enhanced crisis de-escalation training for officers — especially in situations where someone is experiencing a mental-health disturbance.

The department’s report to the Vancouver Police Board, which is scheduled to address it at a meeting Thursday, says the force is committed to implementing the jury recommendations.

The report says a pilot project is set to launch this fall, during which about 100 uniformed officers will wear body cameras with video and audio capabilities for six months.

After that, the department says it will assess the results with the intention of implementing the cameras for all front line officers over the long term.

The report also outlines crisis intervention and de-escalation and use-of-force training, as well as courses focused on mental health introduced in 2020.

It says the crisis intervention and de-escalation training course that’s been mandatory for front line officers and supervisors since January 2015 is the property of the B.C. Ministry of Public Safety and the department cannot alter the content.

Premier David Eby, speaking at an unrelated event Thursday, said he was glad Vancouver police were taking on the body camera pilot project.

“I’m sure the solicitor general will be very interested in seeing the results of this pilot and whether there’s an opportunity for us to expand that if it provides good results for the residents of Vancouver,” he said.

Eby said body cameras would help provide evidence of crimes witnessed by officers, as well as accountability if police overstepped their authority.

“Body cameras have the potential to bring improvements to both areas of accountability and prosecution for crimes that affect British Columbians and affect their safety.”

The jury at the inquest held in April classified Gray’s death as a homicide. 

The coroner presiding over the inquest, Larry Marzinzik, had advised the five jurors before they began deliberating that homicide meant death due to injury intentionally inflicted by another person, but it’s a neutral term that doesn’t imply fault or blame.

Dr. Matthew Orde, the forensic pathologist who performed an autopsy on Gray’s body, testified at the inquest that a “perfect storm” of factors led to his death, including his extreme physical exertion as officers struggled to restrain him.

Orde said Gray died of cardiopulmonary arrest complicated by police actions, pointing to “neck compression,” blunt force injuries, the use of pepper spray and holding Gray on his stomach while his arms were handcuffed behind his back.

People who are forcibly restrained on their stomach are at greater risk of death, especially when their body has increased physiological demands, he testified.

Orde had originally listed “excited delirium” among the possible contributing factors in Gray’s death. Many of the 14 Vancouver police officers who testified at the inquest also used the contentious term describing a state of agitation.

However, Orde revised that finding during his testimony at the inquest, saying published data and research suggest it’s “quite unlikely” that so-called excited delirium syndrome could independently result in someone’s death.

“Acute behavioural disturbance” is a better description of what Gray was experiencing on the day he died, Orde told the inquest.

A statement from the BC Coroners Service said it no longer recognizes “excited delirium” as a cause of death in its investigations, saying the decision “was made in response to the evidence-based literature changing over time.”

A years-long investigation by B.C.’s police watchdog, the Independent Investigations Office, found reasonable grounds to believe an offence may have been committed and submitted a report to the BC Prosecution Service for consideration of charges.

The service announced in late 2020 that it would not pursue charges against the officers involved in the struggle to arrest Gray, saying police were the only witnesses and the Crown couldn’t prove any offence had been committed.

The Office of the Police Complaint Commissioner is overseeing an investigation into several officers’ conduct and a disciplinary hearing is expected later this year.

This report by The Canadian Press was first published June 15, 2023.

The Canadian Press