Officer in Myles Gray hearing says he used only needed force and never lost control

The Story

A Vancouver police officer testified at a hearing into Myles Gray’s death that he never used excess force and did not lose control of his emotions during the 2015 arrest that ended with Gray’s death.

Const. Eric Birzneck, the first of the officers to testify, said he filled out a police “subject behaviour officer response” report after the incident. He told his lawyer, Greg Cavouras, that he had never been in a more intense struggle in his career.

The hearing, which began in January and has been repeatedly delayed, is meant to determine whether Birzneck or six other officers intentionally or recklessly used unnecessary force in the altercation with Gray.

Birzneck told the Office of the Police Complaint Commissioner hearing in Vancouver that he checked boxes on the form indicating “pre-assault cues” from Gray. The cues he referenced included a “thousand-yard stare,” clenched fists, non-compliance and spitting.

He also testified that Gray displayed “incredible strength” and seemed “impervious to pain,” and that the report was used to suggest there was no sign Gray would have co-operated with police.

Birzneck is one of seven officers involved in the incident, and all deny wrongdoing. The disciplinary process previously determined none of the officers committed misconduct, and no charges have been laid over 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.

The inquest also heard from a paramedic who said Gray’s bruising was so severe that they initially thought they were not dealing with a white man.

At least three other officers scheduled to testify include Constables Beau Spencer, Nick Thompson and Josh Wong.