Watchdog investigation resumes after VPD officers cleared of crimes in 2015 death
Posted December 17, 2020 10:47 am.
Last Updated December 17, 2020 3:21 pm.
This article is more than 5 years old.
VANCOUVER (NEWS 1130) — The province’s civilian police watchdog is resuming its investigation of the death of a man as he was being arrested by Vancouver officers five years ago.
This comes after the BC Prosecution Service announced Wednesday they would not be proceeding with criminal charges against the officers involved, saying there was not enough evidence to meet charge approval standards.
Myles Gray went into cardiac arrest as he was being restrained by the police on Aug. 13, 2015.
The Office of the Police Complaint Commissioner (OPCC) says it can now resume its investigation into the officers’ use of force, which is not restricted to just the evidence gathered in the criminal investigation.
“Under the Police Act, officers may be compelled to provide statements, answer questions and otherwise account for their actions,” reads a release from the OPCC.
In its findings, the BC Prosecution Service noted Gray went into cardiac arrest but said: “the forensic pathologist who conducted the autopsy could not determine the specific cause of death.”
The only witnesses were attending members of the VPD, according to the prosecution service.
Police had been trying to take Gray into custody at the time while at a home on Joffre Avenue near Marine Drive in Burnaby, after getting word of a man causing a disturbance.
An altercation broke out and during the arrest, and Gray suffered extensive injuries.
Lisa Lapointe, chief coroner of the BC Coroners Service, says the investigation into Gray’s death is ongoing.
“The Coroners Act requires deaths that occur while an individual is detained by or in the custody of police be reviewed at inquest unless a legislative exception applies,” she writes in a release. “When the coroner completes the investigation into Gray’s death, this matter will be reviewed by the chief coroner to determine whether to direct an inquest.”
IIO Chief Civilian Director Ron MacDonald previously told NEWS 1130 the reason for the three-and-a-half year delay in its report being forwarded to Crown counsel was because the case was complex.
“There was a good deal of forensic evidence that needed to be obtained. We would have preferred to complete it more quickly, for sure,” he said.
-with files from Ria Renouf
