A Vancouver police officer who was part of the fatal encounter with Myles Gray in 2015 has testified about the high level of uncertainty surrounding the situation before they confronted Gray. Constable Eric Birzneck, speaking at an ongoing public inquiry into Gray’s death, described the officers’ sense of entering into an unknown and potentially dangerous scenario as they responded to a distress call for backup.
Birzneck is the first officer to testify at the inquiry convened by the Office of the Police Complaint Commissioner in Vancouver to determine whether he and six other officers used excessive force in the altercation with Gray, a claim all officers deny.
During his testimony, Birzneck emphasized that the information received over the radio following the initial call could be inaccurate, and that the officers had to adapt and respond to the evolving and unpredictable nature of the situation. He recounted how he prepared to encounter Gray by extending his police baton but stressed that the actual circumstances were unclear until they visually identified Gray on the scene.
The officer clarified that while the call indicated a potential arrest situation based on reports of Gray’s threatening behavior, it was not predetermined that a physical confrontation would occur. He explained that policing is non-linear and situations can rapidly change, requiring officers to assess and respond accordingly as events unfold.
Birzneck also discussed a report he filled out post-incident, indicating his perception of Gray’s behavior during the encounter. He highlighted Gray’s non-compliant and aggressive actions, as well as his remarkable physical strength and apparent resistance to pain.
The officer’s testimony comes after a previous police disciplinary process found no misconduct by the officers involved, and no charges have been filed in connection with Gray’s death, which a coroner’s inquest in 2023 classified as a homicide without assigning legal culpability.
The inquest revealed the extent of Gray’s injuries, including a fractured eye socket, crushed voice box, and ruptured testicles, with a paramedic noting the severity of his bruising. Additional officers, including constables Beau Spencer, Nick Thompson, and Josh Wong, are expected to provide testimony regarding Gray’s arrest.