An inquiry into the beating death of a Sechelt man at the hands of police in 2015, has cleared the seven Vancouver Police Department (VPD) officers involved.
As previously reported in Coast Reporter, Myles Gray was making deliveries for his Sechelt-based plant business in Burnaby on Aug. 13, 2015, when police were called to a dispute between Gray and a resident. The incident was reported to be about the woman watering her lawn on Southeast Marine Drive while water restrictions were in place due to drought conditions. After a confrontation with the seven VPD police officers, the unarmed, 33-year-old Gray died of his injuries, which included fractures to his eye socket, nose, ribs and voice box, ruptured testicles and massive bruising.
A pathologist report following Gray’s death said the 33-year-old died of cardiopulmonary arrest, complicated by police actions including "neck compression," blunt force injuries, holding Gray on his stomach while his arms were handcuffed behind his back, and the use of pepper spray.
In April 2023, two of the officers involved testified at a British Columbia coroner's inquest that they were told not to make handwritten notes about the confrontation.
Retired Delta Police Chief Neil Dubord, who served as discipline authority, carried out this latest investigation, but the Office of the Police Complaint Commissioner (OPPC) is reviewing the decision. According to a statement released Oct. 10, the OPCC does not have a mandate to investigate or make determinations about police misconduct. Instead, it acts in the public interest to ensure allegations are fully investigated and fairly decided.
“The OPCC appreciates the significant toll this process has had on the family and all parties involved,” the Deputy Police Complaint Commissioner said in an Oct. 10 news release. “We will be carefully reviewing the outcome of the discipline proceeding and the process which led us here and will release further information to the public once this review has been completed. We have an obligation to the residents of BC to ensure there is a fair and impartial police accountability system.”
Background
As detailed in the Oct. 10, release:
- On Aug. 19, 2015, the Police Complaint Commissioner initiated an investigation under the Police Act into Gray’s death following his interaction with members of the VPD on Aug. 13, 2015. This process was suspended pending the outcome of an investigation by the Independent Investigations Office of BC into possible criminal conduct by the officers. On Dec. 16, 2020, the BC Prosecution Service announced it would not lay criminal charges.
- On January 29, 2021, the suspended investigation resumed and was completed by the Royal Canadian Mounted Police (RCMP). This led to a discipline proceeding, which was first convened on March 24, 2023 and was held before Delta Police Chief Dubord.
- While these steps were underway, a public inquest into Gray's death by the Coroner’s Service of BC began on April 17, 2023. In a May 1, 2023 verdict, the jury at the inquest classified his death as a homicide and made recommendations about body cameras, crisis-de-escalation training, and the retention of evidence.
- The Police Act discipline proceeding took place over approximately 19 months and were closed to the public, with the only participants being the police officers and Dubord. The discipline proceeding has now concluded with Dubord.finding that no police officer committed misconduct.
- Dubord determined the allegations of abuse of authority relating to the force used by police and neglect of duty relating to inadequate documentation of the incident by police were not proven.
Next steps
Also reported in the release, the matter is now before the Police Complaint Commissioner for review. Under the Police Act, the Police Complaint Commissioner may arrange to have a retired judge review a discipline authority’s decision, with or without a public hearing. The Police Commissioner may do this on his own initiative, or after receiving a request from a complainant or officer.
The Police Complaint Commissioner may also choose to make recommendations to address any concerns arising from the actions of the police officers or about the disciplinary process more generally.
Editor's note: this story has been updated to reflect that Neil Dubord is no longer the Delta police chief, as he retired in August.
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