In 2015, during the arrest of Myles Gray, a Vancouver police officer disputed the characterization that his account of the incident was biased by likening Gray to “the Hulk” or a “charging bull.”
Constable Eric Birzneck, one of seven Vancouver officers under scrutiny by B.C.’s Police Complaint Commissioner for potential misconduct in the fatal encounter, refuted suggestions that he was concealing the fact that another officer had struck Gray while trying to restrain him.
During the public hearing, counsel Brock Martland questioned Birzneck about his recollection of Gray’s arrest, probing whether he had omitted details or downplayed aspects to protect his colleagues. Birzneck rejected the notion that he had manipulated his testimony and explained that his memory had gradually pieced together the events.
Being the first officer to testify, Birzneck recounted how Gray exhibited extraordinary strength and seemed impervious to pain as officers struggled to control him near the Burnaby-Vancouver border in August 2015.
Despite a 2023 coroner’s inquest ruling Gray’s death as a homicide without assigning legal culpability, no charges have been filed in connection with the incident. Birzneck asserted at the hearing that he believed Gray lacked the lawful right to resist the use of force by officers.
The public hearing, conducted under the Police Act, involves all seven officers implicated in the fatal altercation with Gray. The commissioner’s notice highlighted discrepancies in statements made by Vancouver Police Department members, indicating a need for a fair resolution despite previous dismissal of misconduct charges due to procedural irregularities.
Injuries sustained by Gray, including a fractured eye socket, a crushed voice box, and ruptured testicles, were detailed during the inquest. A paramedic testified that Gray’s extensive bruising initially obscured his racial identity.
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