BURNABY, B.C. — An initial drug screening report suggested Myles Gray had a natural psychoactive compound in his system when he died, but followup testing revealed a concentration that didn't meet the threshold for detection, a forensic toxicologist told the British Columbia coroner's inquest into the 33-year-old's death.
Aaron Shapiro testified that he reviewed the original toxicology report and changed the finding for mitragynine, an extract from an Asian plant known as kratom.
"What this means is that the drug was either not present in the sample, or it means that the drug was present at a concentration that was below our instruments' ability to detect it," said Shapiro, testifying as an expert witness.
"Unfortunately I can't tell the difference between those two scenarios."
Gray died in August 2015, shortly after a beating by several Vancouver police officers that left him with injuries including a fractured eye socket, nose and rib, a crushed voice box and ruptured testicles.
A paramedic told the inquest in Burnaby, B.C., this week that the bruising was so severe, he initially thought Gray was not Caucasian.
A statement from the BC Prosecution Service in December 2020 announcing its decision not to pursue charges against the officers involved in the struggle to arrest Gray noted that toxicology evidence showed he'd ingested kratom, and a pathologist found the drug may have been a contributing factor in his death.
Shapiro, the associate scientific director of toxicology at the BC Centre for Disease Control, said he reviewed the raw toxicology data and found that if the drug was present in Gray's blood, it was not at a level that would be considered toxic or lethal.
"There were some indications that it was present, but it didn't meet all the criteria for us to say that it was there. It could have been that it was just a low amount," he said, lower than what the instrument at the time was capable of detecting.
"Or it could have been, basically, instrument noise that led to the signal."
As a result, Shapiro said he reversed the original finding that kratom was detected.
An advanced life support paramedic testified later Wednesday that she arrived at the scene as firefighters were performing CPR on Gray, whose heart was not showing any electrical activity that would have allowed for defibrillation.
Jenette Ziegler told the inquest she believed that before Gray stopped moving he may have been experiencing an increased metabolic drive that can contribute to a buildup of acid in the body called "acidosis."
When someone's in that extreme and "medically fragile" state, Ziegler said it's important that the patient's breathing is not inhibited in any way, allowing them to expel the carbon dioxide in their system.
Anything that impedes the chest wall from moving should be avoided, and the "least preferred" position is to have someone lying on their stomach.
"Sometimes you end up there, but it is absolutely the least preferred," she said.
If that's what happens, pressure on the person's back should be avoided, she said.
"We try to put that weight onto their pelvis, and maybe onto their shoulders, but not onto the chest."
Ziegler agreed with a lawyer for the Vancouver police officers involved in the struggle with Gray that it may not be possible to move someone into an ideal position for breathing if they still thrashing around, posing a safety risk.
Another paramedic testified this week that he arrived to to see four officers restraining Gray, one of whom had his chest on top of Gray's torso.
Shapiro told the inquest that the general drug screening performed at the time of Gray's death looked for "well over 200" different substances with the goal of flagging potential findings, although it should not be used on its own as evidence.
"It just gives you an idea that you might want to look further into it," he said.
Kratom can have different effects, he said, but in general, it's a stimulant similar to caffeine when taken in lower amounts.
At higher concentrations it can have an opioid-like effect, and it also interacts with dopamine and serotonin, with the potential for effects similar to those of some antipsychotic and antidepressant drugs as well, Shapiro said.
It's consumed recreationally around the world, with some people using it to self-medicate for conditions such as depression, anxiety and bipolar disorder, he said.
The inquest has heard Gray was diagnosed with bipolar disorder around 1999, but he'd been stable since then, operating his business on the Sunshine Coast.
The lab also screened for several anabolic steroids, but nothing was confirmed, and it did not have the ability to detect a number of other steroids at the time, he said.
A pathologist and personnel from the Independent Investigations Office are among those expected to testify before the inquest is scheduled to conclude on Friday.
An inquest jury isn't able to make findings of legal responsibility but it may make recommendations to prevent similar deaths in the future.
This report by The Canadian Press was first published April 26, 2023.
Brenna Owen, The Canadian Press
