Public inquiry called into conduct of Vancouver police in Myles Gray’s beating death

A public hearing will be held to examine the conduct of seven Vancouver police officers in the beating death of Myles Gray, with Police Complaint Commissioner Prabhu Rajan saying there is “meaningful uncertainty as to what happened” that day in August 2015.

In a statement issued by the Office of the Police Complaints Commissioner (OPCC), Rajan says the alleged misconduct is serious, and it is “appropriate for the public to know that the best available evidence has been gathered, tested, and considered before a final decision is made.”

The statement says 33-year-old Gray, who was unarmed, died after police responded to a 911 call and “used significant force to subdue and restrain him.”

The jury in a coroner’s inquest last year classified Gray’s death as a homicide, though the presiding coroner noted it was a neutral term that doesn’t imply blame.

An external disciplinary process led by Delta Police Chief Neil Dubord wrapped up in October, finding seven officers did not commit misconduct leading up to Gray’s death.

But the statement from Rajan’s office says Dubord noted the framework for discipline proceedings under the Police Act has “inherent limitations that restricted the testing of evidence,” and there were “discrepancies and inconsistencies” in the officers’ statements that had not been subjected to cross-examination.

Meghan McDermott with the BC Civil Liberties Association tells 1130 NewsRadio that those comments are unsurprising but very concerning, adding that she’s curious how many other misconduct hearings have had similar issues.

“It makes me wonder why not all misconduct investigations are put forward into a more public, transparent and accountable, hearing like we’re going to get [in this case],” said McDermott.

She says the public hearing is an important step to correct discrepancies in the public record.

“It just makes us wonder about how many more cases there’s been an authority put in that position: where they think maybe something is awry, but because they’re unable to do cross examinations or get more evidence, that their hands are tied, and that they’re able to do their job properly.”

McDermott says the association continues to be disappointed with the handling of Gray’s case.

“His death has been just a horror story that reverberates and continues to reverberate in the Lower Mainland and across B.C. And so far, we haven’t had any of the public processes for accountability make any really clear findings about what went wrong that day.”

In a statement to 1130 NewsRadio, the Vancouver Police Department (VPD) says it shares in some of McDermott’s disappointment.

“For more than nine years, the Vancouver Police officers in this case have endured multiple investigations by the Independent Investigations Office, the Office of the Police Complaint Commissioner, and the BC Coroners Service. This investigation has taken far too long – almost a decade – and has caused significant stress on everyone involved, and their families,” said VPD Media Relations Officer Const. Tania Visintin.

Visintin says the department respects both civilian oversight and the OPCC’s jurisdiction in the investigation.

Dates for the public hearing have yet to be determined, but the OPCC says it will begin at the earliest possible date.

Retired B.C. Supreme Court justice Elizabeth Arnold-Bailey has been appointed to preside over the proceedings, and the office says it will be her responsibility to determine whether the officers involved in the beating committed misconduct.