Myles Gray’s mother recounts learning of son’s death as hearing into Vancouver police conduct begins

The mother of Myles Gray, a 33-year-old man who died after an encounter with police in 2015, took the stand Monday as a long-awaited public hearing into the conduct of seven officers from the Vancouver Police Department formally began.

Margie Gray told the hearing she was initially numb when she learned her son had died, before the shock gave way to overwhelming grief.

“I dropped on the ground and started screaming and screaming and screaming,” she said.

Gray died on Aug. 13, 2015, after being beaten by police in a wooded backyard in Burnaby. Officers had initially been called after a report that he had sprayed someone with a garden hose. An autopsy later documented extensive injuries, including ruptured testicles, a broken voice box, a fractured eye socket and widespread bruising.

On the first day of the proceedings, all seven officers — Kory Folkestad, Eric Birzneck, Derek Cain, Josh Wong, Beau Spencer, Hardeep Sahota and Nick Thompson — denied allegations that they intentionally or recklessly used unnecessary force. The hearing is one of the largest police discipline proceedings ever held in British Columbia.

Margie Gray described her son as personable and funny, with interests that included mountain biking, fishing, weightlifting and hockey. She said he ran a wholesale floral evergreen business and regularly made delivery runs across Metro Vancouver.

On the day he died, she said she received a call from one of Gray’s employees asking where he was. His delivery van had been left behind at a florist supply shop in south Burnaby, with his wallet, keys, backpack and thousands of dollars worth of undelivered product still inside.

In an eight-minute 911 call played at the hearing, Gray told the dispatcher her son had wandered off and that this behaviour was highly unusual. She also mentioned that he had previously been diagnosed with bipolar disorder.

She said police later informed her husband that their son had died following an altercation with officers. The family was not shown a photo of Gray’s body, she testified, and instead identified him by his necklaces — dog tags and a bullet pendant — which she said were caked in mud and blood.

During cross-examination, Derek Cain’s lawyer questioned Margie Gray about whether her son used marijuana or steroids. She said she did not know about steroid use, and while she believed marijuana affected his behaviour, she said it never made him violent or aggressive.

Outside the hearing room, Gray’s family and friends said the proceedings feel like an attack on his character.

“It’s so hard to watch his character be assassinated,” said Erin White, a close friend.

Gray’s sister, Melissa Gray, said she is attending the hearing to honour her brother but has little confidence the process will result in findings against police.

“This has been 10 years, and this is where we are,” she said. “Twice, it was unsubstantiated. Why would it change now?”

Gray’s death was investigated by the Independent Investigations Office of British Columbia, which recommended criminal charges. However, the BC Prosecution Service announced in 2020 that no charges would be laid. A separate police discipline proceeding in 2023 also cleared the officers.

In the current hearing, six of the officers — all but Birzneck — also face allegations of neglect of duty for allegedly failing to properly take notes and provide statements. All have denied those allegations. Two officers, Folkestad and Cain, were absent Monday for medical reasons but were represented by counsel.

More than 30 witnesses are expected to testify over the course of the 10-week hearing, including police officers, paramedics, firefighters, a forensic pathologist and a police use-of-force expert. The officers at the centre of the case cannot be compelled to testify.

The hearing continues Tuesday.