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Vancouver officer says Gray not lawfully entitled to repel police during fatal arrest
The hearing is examining whether seven Vancouver police officers committed misconduct after a 2023 coroner’s inquest ruled Gray’s death a homicide.
On Thursday, Vancouver police officer Eric Birzneck testified at the Office of the Police Complaint Commissioner hearing, stating he did not believe Myles Gray had any lawful right to repel police force during the 2015 fatal arrest.
The Commissioner initiated this hearing after finding an earlier disciplinary process was "strangely lopsided," citing "discrepancies and inconsistencies in statements" from the seven officers involved in the 2015 altercation.
During the 2015 encounter near the Burnaby and Vancouver boundary, Birzneck claimed Gray appeared "impervious to pain" while resisting officers, who left him with a fractured eye socket and crushed voice box.
Hearing counsel Brock Martland questioned whether citizens may legally resist force if "police contact is unlawful," but Birzneck maintained he believed Gray was "arrestable" throughout the struggle that led to his death.
Although a 2023 coroner's inquest ruled Gray's death a homicide, no criminal charges have been laid, and this hearing assesses whether the seven officers committed misconduct under the Police Act.