B.C.’s Workplace of the Police Criticism Commissioner (OPCC) will probably be holding a public listening to into how Vancouver police carried out themselves in relation to the demise of 33-year-old Myles Grey in 2015.
Grey died after an encounter with officers in a shrouded yard in Burnaby, B.C., in August 2015. His accidents included ruptured testicles, a damaged voice field, a fractured eye socket and widespread bruising.
Seven law enforcement officials have been accused of abuse of authority and 6 of neglect of responsibility, however all seven have been cleared earlier this 12 months following an investigation underneath the Police Act carried out by Delta police Chief Neil Durbord.
In his report, Dubord famous the restrictions of his investigation which included few witness testimonies and no cross-examination. Dubord additionally famous discrepancies and inconsistencies in officers’ statements.
The investigation report was then forwarded to the OPCC for assessment.
“The alleged misconduct on this case is critical and linked to a tragic lack of life, and there may be significant uncertainty as to what occurred,” the OPCC mentioned Wednesday in saying its resolution to carry a public listening to into the case.
“In such circumstances, it’s applicable for the general public to know that the perfect accessible proof has been gathered, examined, and thought of earlier than a closing resolution is made.”
How public the listening to will work
Through the public listening to, retired B.C. Supreme Courtroom Justice Elizabeth Arnold-Bailey will hear proof and testimony regarding the conduct of the law enforcement officials, the OPCC mentioned. Arnold-Bailey will function independently and at arm’s size from the OPCC.
The listening to won’t be restricted to the proof offered throughout the disciplinary listening to led by Chief Dubord. Witnesses will be referred to as to testify and be cross-examined.
Arnold-Bailey will then resolve whether or not there was police misconduct and decide corrective or disciplinary measures, if essential. Nonetheless, she won’t decide whether or not prison prices ought to be pursued or beneficial.
The retired choose also can make suggestions to the chief constable or police board in regard to any modifications in coverage or apply.
Dates for the general public listening to haven’t but been set. CBC Information has reached out to Vancouver police for remark. The B.C. Affiliation of Chiefs of Police declined to remark.
A Police Act investigation into the 2015 demise of Myles Grey has cleared seven Vancouver law enforcement officials. However as Janella Hamilton explains, the creator of the report admits it was restricted in scope.
Grey, 33, was unarmed when he died within the yard practically a decade in the past. He was making a supply for his Sechelt-based florist enterprise when police have been referred to as after he confronted a South Vancouver home-owner for watering her garden throughout that summer time’s prolonged drought.
Officers testified throughout the inquest Grey was aggressive and appeared intoxicated. One mentioned Grey, at one level, clenched his fists, tensed his body, and “roared” at the officers.
Through the ensuing wrestle, police restrained Grey’s legs and arms, punched, kicked and kneed him, pepper-sprayed him and struck him with a baton, in accordance with a report from the B.C. Prosecution Service.
Nobody apart from the police noticed what occurred that day.
Earlier investigation
The Unbiased Investigations Workplace (IIO), B.C.’s police watchdog, additionally appeared into Grey’s demise and forwarded a report back to Crown within the perception the officers could have dedicated a criminal offense.
However in December 2020, the B.C. Prosecution Service introduced that not one of the officers could be criminally charged, partially due to the shortage of witnesses and uncertainty surrounding the reason for demise.
A coroner’s inquest into the case concluded final 12 months that Grey’s demise was a murder. The jury’s suggestions included the usage of physique cameras with audio-recording functionality for all patrol officers within the metropolis and a assessment of the VPD’s de-escalation and disaster containment coaching.
The Vancouver Police Division mentioned in a press release Wednesday afternoon that whereas it respects the civilian oversight course of, the investigation has taken far too lengthy.
For greater than 9 years, the Vancouver Law enforcement officials on this case have endured a number of investigations by the Unbiased Investigations Workplace, the Workplace of the Police Criticism Commissioner, and the B.C. Coroners Service, it mentioned.”
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