Myles Gray’s mom holding out hope for justice in son’s death in VPD custody

A B.C. woman is still hoping for justice after the death of her son while in the custody of the Vancouver Police Department more than seven years ago. Monika Gul reports.

By Charlie Carey

Posted March 17, 2023 1:12 pm.

Last Updated March 17, 2023 7:26 pm.

It’s been almost eight years since Myles Gray died while in the custody of Vancouver police officers. But his mom is still focused on the day he died — Aug. 13, 2015 — as she awaits the findings of the Office of the Police Complaint Commissioner (OPCC) and a public coroners inquest to come down next month.

While the province’s police watchdog, the Independent Investigations Office of BC (IIO), recommended criminal charges against the officers involved, the BC Prosecution Service ruled there was not enough evidence to approve them.

But Margie Gray is holding out hope that witnesses who have not yet come forward, may hold the key to finding justice for her son.

“In the end, I haven’t given up hope that somebody speaks up, because you can’t tell me there’s no witness to Myles’s actual death,” Gray told CityNews. “That’s my hope, is that somebody speaks up, and that could happen. [It] may not happen right away, but it may happen. And that’s what my hope is.”

Myles Gray (Courtesy Justice for Myles Gray/Facebook)

Gray says she and her family have not been involved in the OPCC report or its subsequent recommendations at all, and have only been notified that seven officers face individual employment hearings. First reported by Global News, those seven officers are facing disciplinary actions, including suspension and even dismissal after the OPCC found allegations of “abuse of authority and neglect of duty may be substantiated.”

Involved officers shouldn’t be working: Gray

While it is an initial report and there won’t be a final conclusion until April, Gray says the officers named in the report should “lose their jobs.”

“I don’t believe violent-prone police should be policing on the streets. This should not happen to anyone else. Nobody should have to live this war.”

She adds that it’s within the OPCC’s powers to dismiss the officers, and that is “what … they recommended.”

While the officers’ names are not public, multiple officers implicated in Myles’s death have since been faced with other misconduct claims under the province’s Police Act.

Vancouver Police Department (VPD) Const. Beau Spencer has been charged with assault relating to another policing incident in May 2017, nearly four years after Myles’s death. His trial is set to begin in September of this year. Spencer is the son of retired VPD officer and gang expert Doug Spencer, known for his work with Odd Squad Productions in gang prevention.

VPD Const. Tania Visintin confirms to CityNews that Beau Spencer is an active member of the Vancouver police force, but did not confirm whether he has ever been on disciplinary leave, or relieved of any duties.

Another officer, Const. Derek Cain, was named in a civil lawsuit regarding the death of VPD Const. Nicole Chan in 2019. That suit also names other officers, along with the Vancouver Police Board.

Gray says when officers are under investigation for violent crimes, they should be taken off active duty.

“When there are violent-prone officers that are involved in different cases. I think that needs to be looked at,” she said, adding that the officers involved in Myles’s death have had “almost eight years of no consequences.”

“They haven’t had to answer to anybody. They haven’t even followed their own [code of conduct] within the police act,” she said.

In the VPD’s Regulations and Procedures Manual, section 4.1.2 Code Of Ethics states: “As a member of the community and as a police officer I recognize that my fundamental duty is to protect lives and property, preserve peace and good order, prevent crime, detect offenders and enforce the law.” It continues: “I will keep my private life unsullied as an example to all, maintain courageous calm in the face of danger, scorn or ridicule and be constantly mindful of the welfare of others.”

(Vancouver Police Department)

‘It’s not a training issue’

Regardless of the department’s own internal conduct policies, Gray says the whole situation is hard to understand.

“When I sit back and think about what actually happened to Myles, I just can’t fathom that, that thing that actually happened in Vancouver. You know, 7.8 years later, they’ve had zero consequences. Zero.”

Beyond the OPCC’s reported recommendations of suspension or dismissal of the seven officers, she says the way that policing is done needs to change.

“We could start with badge cams,” she said. “That would be a good place to start. They might recommend training.”

“But this isn’t a training issue. Clearly, it’s not a training issue.”

Gray says that the fact the OPCC report coincides with the beginning of a three-week-long coroners inquest is “mystifying.”

“There’s just no end to this bureaucratic paper shuffling, you know, there’s just no end to it. And even 7.8 years later, there’s zero consequences. It just gets shuffled up to the next level, and nothing ever happens. That’s entirely frustrating,” she said.

Gray says the end result of what happened on that August day will not change with an inquest, and the prospect of having to sit through it has left her questioning whether it’s even worth attending.

“The end result is my son’s never coming through that door. I don’t need to hear 100 accounts of the horror horrifying details of his death. I already know them, I already know way too much that hasn’t even been aired yet. It’s horrifying.”

In a statement to CityNews, the Ministry of Public Safety and Solicitor General says its thoughts are with Myles Gray and Nicole Chan’s loved ones and friends.

“We take these allegations very seriously. It’s crucial that people have confidence that policing and community safety services throughout British Columbia are high-quality, fair, and unbiased,” it said. “While there has been some significant improvement in police oversight, there is still work to be done.”

The ministry says it is currently consulting “broadly” with stakeholders on policies that will end in the reformation of the province’s Police Act.

“Recommendation #9 of the Special Committee on Reforming the Police Act’s report focuses on improving oversight and accountability by establishing a single, independent, civilian-led oversight agency with responsibility to oversee conduct, complaints, investigations, and disciplinary matters.

“In our response to the Special Committee’s recommendations, we are taking a phased approach for policing and public safety. This will provide time to meaningfully engage and consult on development of new legislation and conduct the necessary analysis so that government can make informed decisions on any new police oversight agency,” it said.

The ministry says, however, that in the short term, it is also looking at changes to the existing Police Act to “address some outstanding issues” related to governance and oversight.

“We are committed to Police Act reform and police modernization, the first legislative step will occur in fall of this year.”

But for now, Gray is still trying to come to peace with what happened to Myles.

“It’s devastating to our family and his friends. I still have very difficulties to this day,” she said. “I’m not entirely sure what will happen during this inquest. I mean, we all are so also trying to live life as well.”

“But I haven’t given up hope that somebody knows something and will step up. Yeah, may not be soon, but one day.”

Editor’s Note: A previous version of this story incorrectly stated that Myles Gray died on Aug. 15, 2015, not Aug. 13, 2015. The article has since been updated with the correct date.