Lawyer to testify officer used force only when assault was “imminent” in Myles Gray death case

The Story

Lawyer Mike Shirreff, representing Const. Eric Birzneck, says Birzneck will testify he was quickly “met with aggression” by Myles Gray and used force only when he believed an assault was imminent.

The hearing is being conducted by the Office of the Police Complaint Commissioner and is examining whether seven Vancouver police officers intentionally or recklessly used unnecessary force in the fatal altercation that followed the 2015 arrest in which Gray died.

Shirreff told the hearing that it was Gray who “drove the outcome” of the altercation.

Birzneck began his testimony on Tuesday after an introduction by Shirreff, and the process includes evidence from officers involved in the arrest, some of whom are appearing at the hearing for the first time.

At least three of the six other officers involved are scheduled to testify: constables Beau Spencer, Nick Thompson and Josh Wong.

A police disciplinary process previously determined none of the seven officers committed misconduct, and no charges have been laid in connection with Gray’s death.

A 2023 coroner’s inquest ruled Gray’s death was a homicide, a term that does not assign legal blame. The inquest heard Gray suffered injuries including a fractured eye socket, a crushed voice box and ruptured testicles, and a paramedic testified the bruising was so severe they initially thought he was not a white man.