A Vancouver police officer who was part of the encounter with Myles Gray in 2015 described the significant uncertainty surrounding the situation before they approached him following an urgent backup call. Constable Eric Birzneck testified at an ongoing public hearing regarding Gray’s death, stating that he and his fellow officers were heading into an unknown scenario as they climbed a staircase near the Burnaby-Vancouver boundary to locate Gray.
The public hearing, convened by the Office of the Police Complaint Commissioner in Vancouver, aims to determine whether Birzneck and six other officers used excessive force intentionally or recklessly during the altercation with Gray. Birzneck was the first officer to testify, with all officers denying any wrongdoing during the incident.
Birzneck emphasized that he only used the necessary force to control Gray and maintained emotional composure throughout the encounter. He highlighted the challenge of relying on potentially inaccurate radio information and the need to adapt responses in dynamic and evolving situations.
Before encountering Gray, Birzneck extended his police baton but admitted they were unsure of the circumstances until they saw Gray in person. Despite the call reporting Gray’s threatening behavior and actions towards a woman, Birzneck stated that a confrontation with the suspect was not guaranteed, although Gray could have been arrested.
Birzneck explained the unpredictable nature of police work, emphasizing the fluidity of situations as officers gather information and adapt to changing dynamics. The officer revealed details about a form he completed post-incident, indicating the intensity of the struggle and Gray’s non-cooperative behavior.
Following a previous police disciplinary process that found no misconduct among the seven officers involved, no charges have been filed in connection with Gray’s death, which was classified as a homicide by a 2023 coroner’s inquest without assigning legal blame. Testimonies from the other officers involved in Gray’s arrest, including constables Beau Spencer, Nick Thompson, and Josh Wong, are scheduled for the hearing.
