First witness is Muhammed Reza who initiated the 911 call and spoke with the dispatcher.
He followed Myles Gray up to his first contact with police and saw two plainclothes officers pursue Myles into the yard on Joffre.
Now playing 911 call. Operator told dispatch there were no weapons, no physical violence. Suggested he was "erratic." Told he was shirtless and shoeless.
911 operator asked if Reza thought Myles needed an ambulance.
The ambulance question was asked before police arrived.
Reza heard three screams or yells from the yard.
First officer to encounter Myles was Sahota. Arrived in a police van. Exited the van, then retreated back into it.
Reza describes her as "relaxed."
Two plainclothes officers in an unmarked car arrived next and pursued Myles on foot.
Lawyer suggests maybe Reza thought Myles was a "homeless guy from the woods" (wtf?).
Reza thought Myles was trying to get a ride from passing vehicles.
Reza agrees he thought Myles was struggling. Had told 911 he appeared to be having difficulties.
"Struggling and unwell and needed help" he agrees in response to question from lawyer.
Reza only assumed the plainclothes were police. That was not confirmed to him.
In response to juror 4, Reza says he was concerned for Myles' safety and wanted to make sure he was alright. Saw him as needing help during his interaction with Myles.
M Reza testimony ends. Morning break. Until 10:45.
Inquest restarts. Coroner says media in the gallery have been recording the proceedings. He reminds them this is not allowed.
Next witness is Songul Reza. The person involved in the interaction with Myles over the garden hose.
She went inside after her son, M Reza, came out.
Says her original written statement was written by her friend. It describes Myles as not wearing a shirt or shoes.
She did not read the statement or talk with her friend about what was in it.
She screamed at Myles to go away and then spoke with her son about calling the police.
Investigators spoke with her the next day, without a translator.
She has not seen transcript or heard audio of that interview.
She said to Myles, "What are you doing? Are you crazy? I'm going to call the police." After he sprayed her with a water hose.
Next witness. N. Majidigoruh.
Was inside and heard noises outside. Got worried. Thought the noises were coming from relatives.
Went outside to look. Saw her neighbor who said she was sprayed with water.
Saw Myles only wearing shorts. No shirt or shoes.
Told her friend to call the police then went back inside.
She then also called police.
Her 911 call now played.
"Guy who bothered my neighbor."
"No weapons, shirtless, high or drunk."
911 calls Myles "the bad guy" during call.
Caller references something she heard about in Surrey.
This witness is the person who wrote out S Reza's statement to police.
She thought there might be a way to help Myles. He "was not in himself."
She was scared but worried about him too.
She is distraught.
Multiple questioners have tried to determine if Myles saying S Reza was hot before spraying her referred to sexuality or weather.
The original statement to police only said "hot" not other references that have been raised today.
Police did not offer any official interpreter to help with the statement.
Breaks now for lunch.
Until 1:15.
Inquest returns from lunch break.
Next witness is J. Bansal. Lived nearby.
Saw "bits and pieces of events."
Heard sirens, lots of cars in and out. VPD officers running up stairs into property where "it was taking place."
Saw numerous police vehicles blocking street.
Several officers running "full stride" onto property.
He was a couple lanes of traffic away, at least 100 feet.
Only saw officers running up and disappearing. Rapid movement.
Couldn't see past trees and shrubbery.
Paramedics and fire trucks attended.
Gave statement next day.
Spoke with M Reza after finding out that Myles had died. Reza felt extreme guilt. Felt he shouldn't have called.
Bansal talked to cops about ensuring Reza got proper care afterwards.
Bansal saw 6 officers initially, two from first 3 cars. Then 1 or 2 from fourth car.
Now about to play police radio transmissions.
One officer says "We have a plan, we're going to hobble him first then pull him out."
Call for ambulance then report they are "taking him into custody."
Coroner stops playback to caution about outbursts in the room.
Call saying "male party is unconscious and not responding."
One cop says if he comes to, they will sedate him.
Following calls are about the officers. Intend to have fire attend to the officers.
One cop claims Myles came to again after some time and was combative.
Now Cst. Hardeep Sahota, first on scene.
One of seven officers who could face discipline up to and including losing their jobs in the killing of Myles Gray.
9 months of training. Deployed in patrol until 2015.
Firearms qualification every year.
Baton and oc every 3 years.
Did not have taser, never qualified to have one.
Not sure what she was qualified for in de-escalation.
Not sure if she had any training in mental health.
Has her notebook but there are no notes in it (of course).
Has document in prime (police data system).
Was driving a marked vehicle alone patrolling Vancouver District 3.
Dispatched to disturbance call for intoxicated male.
Told no physical violence or weapons perceived.
Arrived on scene at 15:11 hours.
Was flagged down by young male.
Exited vehicle, approached young male. Male explained reson for call then continued walking, "fled scene."
She called in she would try to locate the other male.
Drove past the male and stopped at intersection of Joffre and Marine.
Saw male talking to himself, waving hands, trying to flag vehicles down.
No shirt, beige shorts.
Wanted to engage the male. He was in front of vehicle.
Asked him, "Hey man, how's it going?"
She was calm. "It was a regular day."
Says Myles responded "Good, good" and kept walking.
She asked what he was up to.
He replied what are you up to.
She opened door half way. 4-5 meters between them.
Asked his name. He replied "Tommy" She replied Johnny.
This frustrated him.
She told him to sit down on cement block. He sat down on end where she had instructed.
Exited police wagon.
He asked, what's this all about.
She mentioned the hose.
He said what about a hose and stood up.
She got frightened.
Raised her right arm to
Chest level.
She said, I'm here to help, I'm the police.
He stood up. "Had thousand yard stare."
Counsel asks what that means.
Says she was frightened at a 6 out of 10, in response to counsel question.
He asked if she was OK.
This frightened her further.
He asked her name
She said Hardeep 2801.
He repeated this.
She started walking backwards slowly towards police wagon.
Got in, shut door.
Says he grabbed the window, tried to push it down.
She called for Code 3 cover.
Said the male was becoming aggressive.
Says he shouted "2801 where are...
...you going"
Code 3 was broadcast.
Says he started getting the door open (not clear why it wasn't locked).
He continued walking northbound on Joffre. Tried to flag down two vehicles.
Help me, help me, this officer's trying to assault me" said to driver of white cargo van.
Sahota exited vehicle again.
He said he had to pee.
Then "sprinted" towards a residence. She lost vision of him.
Walked across street to maintain "long visual."
Then saw him on top of a staircase.
Says he went into "Incredible Hulk stance."
Photo shown of staircase.
It is not the staircase to a house. Appears as a dirt landing.
She could directly see him but was not near him.
Says she was half a block away.
She was "very afraid" despite distance. Went back to police wagon and stayed.
Waited until two other officers arrived.
Told them where she had seen him.
All 3 walked up the stairs. They discussed nothing. They had no plan.
Not determined which cop was leading.
Officer Birzneck made verbal commands to get down with knees on ground.
Birzneck then deployed oc spray.
Myles put hands on face.
Fell forward.
Birzneck grabbed left arm, she grabbed right arm. Applied handcuffs to a hand, she can't remember which.
Then says Folkestad grabbed right hand, she grabbed left.
Put cuff on left, but he broke free from all their custody.
He ran a couple feet.
Now she says...
Cuff was on right hand.
Says he made an animalistic noise and she was scared.
Birzneck tried to grab or control him. He was pushed off. The Folkestad tried to grab him. She says Folkestad was then punched in face.
She had never been in a situation like this before.
Birzneck took out baton and struck male in legs. She also took out baton and struck in the legs. Doesn't recall which legs.
She claims Myles felt no pain (we know what that's all about in cop claims).
Birzneck put him in a bear hug, tried to get him "down on the floor."
Describes wrestling.
Under low branched tree.
10 foot drop near the tree.
Photo shown of the yard currently.
She's unsure of location as shown in photo.
Birzneck had male on ground, she moved in to control right side. Birzneck had left side.
Applied pressure on arm and...
Shoulder.
Folkestad had been affected by pepper spray.
Told him to control the legs.
Claims again "he showed incredible strength" (again, we know why cops use that).
Now says she was only crouched down, not on top of him.
She "felt" he "had incredible strength"
"Felt" he...
Had lifted her off the ground. Then confirms, no, he had not actually lifted her.
He said he wanted water.
She said she'd get him water if he calmed down.
Other officers arrived.
She advised PC Wong to take her position.
Removed herself.
Hobble used to control his legs.
Doesn't recall who put the hobble on.
Doesn't recall a plan to put on the hobble.
Radio transmission said there was a plan to put on the hobble.
She grabbed the hobble.
Thompson was striking his legs with a baton.
Thompson struck her right hand with the baton.
She needed medical attention (was hit by another cop).
**Of 2 police injuries noted by witnesses it is now confirmed that one was inflicted by another officer, not Myles.**
She said he fought despite being hobbled, by bending his knees.
She removed from science after baton hit
*scene
Afterwards spoke with iio. Removed her uniform and equipment at station to give to IIO.
Started writing notes on home computer. Uploaded statement in January 2016 (months later).
There was no debrief.
Assigned union rep and lawyer.
Break until 3:25.
Counsel Donaldson asks if she feels badly about how this turned out. She says "What do you mean?"
Incredible.
Her impression was he was "impaired by drugs" not in mental distress.
Only shorts, could see he had no weapon.
On radio cops said they were going to go up there...
And challenge.
VPD lawyer objects.
She doesn't recall that.
Birzneck gave command. No other attempt to converse.
First event after command was Pepper spray in the face.
Oc spray has immediate effect. Deployed 6 to 8 feet.
Myles "got a face full."
She never saw him...
Fully handcuffed.
Did Birznek use baton to twist his arm? She doesn't recall.
Now says that's not correct.
Says she recalls 3 strikes she gave but "could have been more."
Doesn't recall Folkestad saying he was in pain.
Doesn't recall Birzneck kicking Myles.
Doesn't recall
Birzneck sitting on to of Myles hips.
Doesn't recall Birzneck striking Myles multiple times with a closed fist while on the ground.
Counsel suggests he was under control when the other officers showed up.
She disagrees.
Radio call said he was under control but not in custody
He was on the ground and held down.
Limbs were pinned down and he couldn't get up.
Struck repeatedly by batons after other 2 officers show up. 5 cops now.
She doesn't know where the hobble came from.
Baton strikes from multiple officers.
Repeats she was struck by Thompson.
Once the hobble was on he couldn't stand up.
So why did they continue striking?
Counsel suggests he did not pose any threat with hobble on.
Suggests she saw officers "whaling on Myles Gray" but doesn't want to admit to it.
Says she didn't see anyone inflict any of the...
Documented damage.
VPD counsel objects.
She didn't see Birzneck apply vascular neck restraint.
Why did no one say he was under arrest at any point?
She agrees this was never said.
Counsel says there were other options.
She says looking back there were no other options.
Now she says there were many other options.
Vpd counsel intervenes.
Coroner intervenes on behalf of the cop. Says he won't allow repetitious questions. Raises his voice.
Counsel asks about iio having to go to Supreme Court for cooperation.
She says she wouldn't know.
But she was named in that suit.
Vpd counsel says this is "not fair."
McKnight, Palmer's vpd counsel, intervenes to agree.
They won't let family counsel challenge her claim that she was cooperative.
When she left, Birzneck, Wong, Cain and Spencer were there.
Maybe 1 more.
She was injured by one baton strike.
But Myles was struck multiple times.
She recalls seeing no blood. Wow.
She was placed in one ambulance with Folkestad. PC London was also there.
Vpd counsel refers to radio clips. Does police audio automatically record? No, have to press.
Background noise not captured when button not pressed.
"Charlie 51" is nco, supervisor.
No one was assigned to be in charge. Birzneck was first to engage.
She felt Myles "wanted to kill me" at her first interactions.
Says Myles shouted.
She then says she "was terrified."
She thought Myles could kill her by swinging a handcuff.
She swung her baton "as hard as you could"
Says this "had no effect."
She had no energy left at the end.
She used as much force or strength as possible to control Myles.
Says it's possible things happen you can't see.
Jury questions now.
Juror 1. Asks about Code 3 Cover call.
Not routine response. Fast with sirens.
Doesn't exactly recall sequence of her call.
She believes Myles heard her dispatch saying he was becoming aggressive.
She had enough time to dispatch before Wong & Thompson
Arrived.
On that call she said the male was under control.
Says Cain and Spencer arrived while she was still on scene with the other officers, before she left.
Juror 2. One officer was scratched by branch. She believes it was Thompson.
Noticed that Myles was not near a tree
When he died.
She wrote notes, but not the full statement at the time.
She didn't discuss the incident for six months?
Coroner intervenes. Says jurors have to wait on this.
Can't recall when she spoke with the IIO.
A lawyer says it was January.
Coroner admonishes him.
Juror 3. No questions.
Juror 4. Training. Mental health. Can she clarify, she had she wasn't sure.
She doesn't know without her records.
Now says, not before that time, maybe since.
She says your never prepared for an incident like this.
Q Are you implying training is of no use
She can't think of what would be proper training.
Juror 5. Clarification on Als. Advanced Life Support.
Was she asked for a statement right afterwards?
No, and that is standard. Told not to give statements until referred to counsel.
Q. Why are civilian witnesses made to
Give statements right away but police aren't.
Q. Was there any other way to control someone in a safer way?
Coroner. Vpd had tasers. She doesn't recall if any officers present had one or were trained in it.
She says training doesn't prepare for "life or death situations where
She was fearful for her life."
Sahota confirms she was "in an excited state." Hmm, excited delirium for cops?
Juror 1. Question about training again. Still can't remember any specific mental health training.
**Must be great training if you can't remember if you had it**
Now says Myles gave coherent verbal responses.
Q. Looking back would she think a different approach would
Have been appropriate?
She says that's a difficult question.
Says she wouldn't do anything differently.
With more training she would have responded the same.
She wasnt thinking mental health then.
Only saw "animalistic barbaric" behavior.
Jury let go for the day.
Recess until 5:20.
Returns.
Agreement on release of items to media requesters.
Adjourned.
• • •
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It is noted that they have a support worker with them. Coroner mentions they neglected to identify this yesterday when Cst Sahota also had someone present who was not named.
Folkestad was a patrol officer at the time.
Responded to Code 3 Cover for CSt Sahota.
Q. What was your role?
A. Plainclothes with partner Birzneck.
Call for disturbance. Didn't seem like a big thing.