Jury won't see photo of Myles Gray's injuries, coroner rules

Jurors won't see photo of Myles Gray's injuries The inquest into the death of Myles Gray will stretch into next week as the final witness has yet to testify.

The lawyer representing the Myles Gray's family tried again Friday to submit photo evidence of the man's injuries at a B.C. inquest probing the 33-year-old's death, but was denied.

Gray died in August 2015 after a beating by police that left him with injuries including ruptured testicles and fractures in his eye socket, nose, voice box and rib.

Gary's mother and sister saw the photo in question Thursday and described it as torturous and traumatic to look at, saying their son and brother's injuries rendered him unrecognizable.

Lawyer Ian Donaldson asked for the jury to be shown the image, which he said showed Gray in the backyard where he died after first responders were unable to resuscitate him.

"A picture is worth a thousand words," he said at the coroner's court in Burnaby.

Donaldon's request was ultimately turned down because the presiding coroner claimed it was too late in the inquest to submit the photo and without witnesses available, the jury wouldn't have proper context.

Margie, Gray's mother, said she was disappointed in the ruling.

"Fourteen officers have denied that there was any blood, any injuries to his face," said Margie Gray. "They need to see the photos."

The inquest also heard from firefighters and paramedics who told a different story than police, including one who said the bruising was so severe he initially thought Gray was not a white man.

The debate over the photo, plus technical issues caused a two-hour delay to the inquest.

Mike Massine, Police Academy Use of Force Coordinator, continued his testimony Friday focusing on crisis and de-escalation training for officers.

"Officers, based on their situational assessment, based on subject behaviour and how they analyzed it, and how they determined where the subject lies in the behaviour categories, could use virtually anything as a mechanism of legal force," he told the jury.

Dr. Matthew Orde, the forensic pathologist who performed an autopsy on Gray, testified Thursday that a “perfect storm” of factors led to his death, including his extreme physical exertion and the actions of police to restrain him.

“What we can say with some degree of certainty ... is I don't think he would have died when he did had it not been for the police interaction on that day,” Orde said.

Earlier in the inquest, Vancouver police officers testified that Gray possessed "super-human" strength and was in an "animalistic state." Evidence showed he was handcuffed and his legs were bound but the officers said they still struggled to subdue him.

Gray's arrest was initially investigated by B.C.'s police watchdog, the Independent Investigations Office, which faced pushback from law enforcement. At one point, the IIO had to file a court petition to compel an officer's co-operation.

After a lengthy investigation, the watchdog submitted a report to Crown counsel in 2019, but prosecutors said they were unable to pursue charges because of issues with the evidence.

However, Donaldson says with new evidence emerging, particularly from the pathologist's testimony, future criminal charges may not be off the table entirely.

"If one were to conclude that it's in the interest of justice to take a fresh look, then one would hope that his majesty would do that – no matter when it happened," said Donaldson.

The inquest resumes and is expected to wrap up on Monday with testimony from final witnesses. The jury can not find fault but can make recommendations to prevent future deaths in similar circumstances.

With files from CTV News Vancouver staff and The Canadian Press