Witnesses described seeing and encountering Myles Gray in the moments leading up to his death in August 2015 at a public hearing into police officers conduct Tuesday.
The hearing, one of the largest of its kind, is questioning whether Vancouver Police Department constables Kory Folkestad, Eric Birzneck, Derek Cain, Josh Wong, Beau Spencer, Hardeep Sahota and Nick Thompson abused their authority by recklessly or intentionally using unnecessary force in Gray’s death.
All seven of the officers have denied the allegations.
Gray died after being beaten by police. His injuries included ruptured testicles, a broken voice box, a fractured eye socket and widespread bruising.
A public hearing into the death of Myles Gray while he was in police custody has begun. An adjudicator will determine whether seven Vancouver Police Department officers abused their authority by intentionally or recklessly using unnecessary force more than ten years ago. It’s the latest in a series of inquiries into Gray’s death, and as CBC’s Jon Hernandez reports, so far none have led to criminal charges.
Tuesday’s witnesses included those who saw Gray before he made his way into a Joffre Avenue yard in Burnaby near the Vancouver border.
Andreah Pilgrim, who worked at an insurance company in Burnaby, testified that she saw Gray pacing back and forth near a bus stop by her office along Greenall Avenue on Aug. 13, 2015.
She said she could see him mumbling, but couldn’t hear him, and looking under bushes and putting his fists up to the air.
She said Gray had taken off his button-up shirt and tank top and was carrying them.
Under cross-examination, Pilgrim said a “protective instinct” of hers made her concerned for her and her colleagues’ safety.
She and a coworker drove to Starbucks for lunch, and on their way back, Pilgrim said she saw Gray walking.
Pilgrim struggled to describe Gray’s demeanour.
“Just determined. He wasn’t lollygagging; he had a purpose,” she said.
He also leaned against the gate entrance to the business’ parking lot,” Pilgrim said.
“Something was just not right with him.”
911 caller testifies
Muhammed Reza testified that in August 2015 he was a student living with his mother in South Vancouver on the day Gray was killed.
He said he heard his mother scream, and when he investigated, he saw Gray holding a hose. His mother had been sprayed with water, and he said he later found out Gray had taken the hose from his mother.
Reza said Gray, who was not wearing a shirt, said something vulgar to his mother.
“He said she was hot,” Reza said.
Gray also was mumbling unintelligible things, including, “You’re hot, you’re beautiful,” according to Reza.
Reza called 911, as he said he was concerned Gray was either intoxicated or having a mental breakdown. He said Gray did not seem to understand he was calling the police.
He said he followed Gray, who walked east towards Burnaby, at a distance of about 100 metres, and watched Gray acting erratically, such as walking in circles at various times and hitting his head with his fists.
Reza said he was at times scared by Gray but also thought he may need help.
At one point, Reza said, Gray ran into the street and was almost hit by two cars.
Gray continued on the bridge over Boundary Road, into Burnaby, and towards Joffre Street.
Officers arrive
When Reza crossed the bridge, he saw a female VPD officer making contact with Gray.
Previous investigations have indicated this officer was Const. Hardeep Sahota, though she was not named in Reza’s testimony Tuesday.
He said Sahota opened the door of her police van and spoke to Gray, but Gray became angry and got aggressive.
Sahota became scared and closed the door of her car, Reza said, but the window was partially down and Gray tried to grab onto the driver’s-side window.
Reza said Gray only let go when his fingers would have been crushed as Sahota rolled up the window.
Soon, a police car with two white male plainclothes officers arrived, according to Reza.
He said Gray went up a hill, not using the small steps available, into the backyard of a house that was covered by trees and bushes. Reza said from then on he was not able to see Gray at all.
The three officers followed Gray up the hill, and Reza testified he was not able to see them.
He heard three “painful”-sounding screams: a loud one, then a louder one and then a third, “quite faint” scream.
Reza said at the time he thought Gray was getting Tasered, but couldn’t say for sure who was screaming.
In time, the two male officers came back down the hill. Reza said one had a bloody head and the other was limping.
On Monday, friends and family of Gray expressed their concerns that Gray’s character is under investigation rather than police conduct.
The 10-week long hearing continues Wednesday.
