Disciplinary conduct investigation to examine police actions prior to death of Myles Gray

New investigation into violent arrests The actions of Vancouver police officers involved in the arrest of a Sechelt man who later died will face more scrutiny.

Vancouver — The Office of the Police Complaint Commissioner is now proceeding with a disciplinary conduct investigation that will look at the actions of seven Vancouver police officers during the arrest of Myles Gray, which preceded his death in 2015.

On Wednesday, prosecutors announced they would not be laying charges in the case, after finding evidence gathered by the Independent Investigations Office (IIO) did not meet their standard.

Before Gray died on Aug. 13, 2015, the 33-year-old Sechelt resident was unconscious, handcuffed, hobbled, and had numerous bruises, fractures and other injuries following an arrest carried out by Vancouver police. The B.C. Prosecution Service said a specific cause of death could not be determined, and added the officers' accounts of what happened during the nine-minute arrest were incomplete, "and in several respects, inconsistent." There were no other eyewitnesses to what happened, and no video evidence has been found.

Deputy Police Complaint Commissioner Andrea Spindler told CTV News their mandatory conduct investigation was put on hold while the criminal investigation took place.

“Officers are compelled to give statements, and have a duty to co-operate,” she said, and added that differs from IIO investigations, where subject officers are not required to give statements. “The conduct investigations are going to be conducted to a civil standard, and they have broader evidence-gathering scope.”

Spindler said the police complaint commissioner also has the ability to recommend charges be considered by Crown.

“However, I do note in this particular matter, the B.C. Prosecution Service has done a review of this matter,” she said. “Not knowing all the evidence here, there would have to be something fairly significant and substansial to come forward in this investigation to consider another referral to Crown…but it is certainly an option.”

Gray’s mother Margie Reed told CTV News the family is grateful that an organization is stepping up to try and mine new information that could lead to charges in the case.

On Wednesday, Reed and other family members spoke to the media in Sechelt about the Crown’s decision not to lay charges.

“It is a travesty of justice that nobody is being held accountable,” Reed said. “This happened to our family member, it could happen to anyone’s family member.”

Vancouver police media spokesperson Const. Tania Visintin would not speak to some of the specific findings from prosecutors.

“This was a very tragic and terrible situation,” she said. “We respect the decision from Crown.”

Prosecutors said Gray had been in south Burnaby that day to make a delivery related to his floral business, and police were called after a woman was sprayed with a garden hose. She and her son described Gray as agitated and incoherent. Toxicology testing found a plant-based substance known as Kratom in Gray’s system, which can act as a stimulant.

Prosecutors said "expert opinions" could not exclude the ingestion of Kratom, also known as Mitragynine as a potential cause of death. However, the IIO’s Chief Civilian Director Ron MacDonald said the information they received during the course of their investigation was that the substance likely did not play a role.

“The levels that were in his system were stated to be within the known ranges of persons who have used it in a recreational way and not in a fatal way,” he said, and added there is not a lot of science about Kratom’s impact on the body. “So our understanding of that drug was that it likely did not play a significant or any role in his death.”

MacDonald said at the conclusion of their investigation, they had five of the officers involved designated as "subject" officers, and the others were witness officers.

“One of the reasons for our investigation taking so long was because there were issues around cooperation of witness officers that had to be resolved,” he said.

The IIO suggested potential charges of manslaughter, aggravated assault, or assault causing bodily harm could be applicable in the case.

“With respect to the decision on whether to proceed with charges or not, that is the Crown’s decision,” MacDonald said. “My office has had discussions with them about that decision, but it’s their decision to make.”

The Crown said the officers involved told them Gray was resisting and that they used used force including punches to his head, pepper spray, a neck hold meant to induce unconsciousness, and kicks and baton strikes after Gray was hobbled.

B.C.’s Chief Coroner Lisa Lapointe also released a statement about the case, and said now that prosecutors have finished considering whether to lay charges, the coroner’s investigation into Gray’s death will be concluded "as quickly as possible."

“The Coroners Act requires deaths that occur while an individual is detained by or in the custody of police be reviewed at inquest unless a legislative exception applies,” Lapointe said.

“When the coroner completes the investigation into Gray’s death, this matter will be reviewed by the chief coroner to determine whether to direct an inquest.”