Thread by @defund604

Day 3 of the inquest into the #VPD murder of Myles Gray will begin shortly. You can watch the livestream here: www2.gov.bc.ca/gov/content/li…

Today on the witness list are:
- Cst. Kory Folkestad
- Cst. Eric Birzneck
- Cst. Josh Wong
#JusticeForMylesGray

Yesterday we heard that Folkestad and Birzneck arrived on the scene to provide "code 3 cover" for VPD Cst Hardeep Sahota. One officer hit Sahota with his baton, breaking her hand. One deployed OC spray, hitting another officer. #JusticeForMylesGray

Kory Folkestad killed Myles Gray. #JusticeForMylesGray

Eric Birzneck killed Myles Gray. #JusticeForMylesGray

Josh Wong killed Myles Gray. #JusticeForMylesGray

Notably, this is Josh Wong's second Coroner's Inquest of 2023. Earlier this year Wong provided testimony regarding the fatal shooting of Peter Rintoul at a Canadian Tire in 2016. cbc.ca/news/canada/br…

Inquest beginning now. Presiding coroner reminds jurors that their focus is...
- Who
- Where
- When
- How
and
- By What Means

We are now about to hear from Kory Folkestad. He is being accompanied by a "peer support person." Hardeep Sahota was also accompanied by this support.
Interesting to see #VPD officers get this level of support, when Melissa Gray was repeatedly interrupted by @bccoroners counsel.

#VPD Cst Kory Folkestad Badge #2689. He has been a police officer for 15 years. Currently working as a Detective & Constable for an "anti-fencing team." He was a patrol officer when he killed Myles Gray. #JusticeForMylesGray

Folkestad attended the call as code 3 cover for Hardeep Sahota. On Aug 13 2015 he was working in plainclothes w partner Eric Birzneck.

Cst Sahota attended the disturbance call alone. He says it didn't seem like a really big thing at the time.
Code 3 cover = All hands on desk. "I am at risk." VPD response includes lights & sirens.

He said "something was really wrong."

He said 'he could tell in her voice" that she was afraid. Folkestad and Birzneck came thru traffic on Marine Drive. They located Sahota in her paddywagon near Marine & Joffre.

They all got out of the car. He says she said she saw a "male punching cars." This was not mentioned during Hardeep Sahota's testimony yesterday.

Folkestad needs a moment. 3 #VPD onsite at this point.

They proceed to "locate Mr. Gray." "It was extremely urgent for us to go locate us and go control the situation before he encounters someone else."

Folkestad asked to elaborate on the risk of the public. He said he received a call for someone challenging a member of the public. He says that "Mr. Gray just wanted a challenge, to fight a police officer.

No independent witness can confirm this. #JusticeForMylesGray

3 officers followed Myles Gray up a footpath and located him in a yard. Folkestad describes an elevated yard, with a retaining wall, it drops onto a ravine.

Folkestad saw Mr. Gray.

He says "I immediately became, like, worried." His behaviour "like, right away, to me, was someone I thought was in 'excited delirium.'"

Counsel for the family interjects. Because excited delirium is not real. It is a manufactured term that police (and adjacent experts) have used to justify police murder. The diagnosis has been rejected by academic experts - including in BC.

Unbelievable that Kory Folkestad, who was a patrol officer at the time, sought fit to diagnose Myles Gray with excited delirium. Read Nicole's thread for background.

https://twitter.com/nicolemluongo/status/1648455747666350084?s=20

Jurors & Folkestad have left the room. Counsel for the family now raising his concerns over the discredited term "excited delirium." Donaldson says he will take issue with the idea that the term is a recognized condition that had anything to do with Myles Gray death.

Donaldson is very concerned about #VPD officer Folkestad's unsupported, non-medical opinion on the magical term "excited delirium" filtering out and influencing the jury.

Donaldson presses the coroner to make a remark about this area. Christine Joseph, counsel for #VPD members (who might be a cop herself???) now putting in her 2 cents. She acknowledges her clients are not giving medical opinions.

No David McKnight #VPD lawyer saying that Folkestad should be allowed to speak to Myles Gray's state of mind. From Folkestad's evidence, it is not clear that he had spoken or otherwise communicated with Myles Gray, prior to making the diagnosis of "excited delirium."

Inquest counsel says a caution to the jury would be agreement. Coroner will give a cautionary remark to the jury.

Statement from "Cautionary Note.IT is with regards to any lay witnesses. They are not experts in any field they may be giving evidence upon."

The term of excited delirium used by Cst Folkestad. He is not a medical expert. Any reference to a medical condition or diagnosis should be taken in context...That should not be relied upon as a medical condition. That can only be determined from evidence of a qualified expert.

"Excited delirium is a term, or condition, or collection of conditions" that was used moreso 7.5 years ago." There is some discussion within the medical community as to its actual relevance as a cause of death. At this time, most pathologists do not rely on the term

Coroner says terms like agitated delirium and other terms have been used thru the years. Tells jury to wait for evidence from a qualified medical expert. #JusticeForMylesGray

Cst Folkestad - not a medical expert - now called back in.

He is now questioned on his use of the term excited delirium. Folkestad says he learned that term from "his experience as a police officer." He came to that conclusion from his behaviour with the public, his reported attempt to fight Sahota & "when I saw him and his behaviour."

Folkestad referencing Myles Gray's "superhuman strength." Says he was sweaty, shirtless. That he was in psychosis or on drugs.

Folkestad says the hair stood up on the back of his neck.

Folkestad said it was going to be difficult to calmly de-escalate the situation.

Gray said "let's see your badges boys."

Folkestad says he perceived that as Myles wanting to fight.

Folkestad was in plainclothes. Not unreasonable to ask for a badge...

Folkestad instead says Myles Gray wanted to see how many police officers he could bring.

Folkestad says Birzneck showed him his badge. Next part "happened so quickly." Folkestad says Myles Gray let out a "primal roar."

No independent witnesses can confirm this. #JusticeForMylesGray

Folkestad now asked to explain de-escalation. This should be interesting...

Folkestad says Birzneck was "a trained negotiator." The trained negotiator pepper sprayed Myles Gray immediately.

Folkestad asked to explain the risk of public safety. He says he thought Myles Gray was going to attack or assault. So Birzneck sprayed Myles in the eyes with OC (pepper) spray.

Done to "create a window of opportunity where we could move in. And place him in handcuffs."

Folkestad says he knows it can disorient someone. he cannot otherwise explain how it creates a "window of opportunity."

Folkestad says he *knows* it is painful because Birzneck also sprayed him with it. The trained #VPD Negotiator at work!

Folkestad says Myles was disoriented. So he moved in and grabbed his right arm. He noted Myles was built. Cst Sahota moved in to handcuff him. She got one cuff on (though she couldn't remember which hand." Myles was able to withdraw his arms and square off against the cops.

Folkestad says that Myles squared off "like he was going to fight us."

Folkestad says his memory is affected by the next set of events. He claims Myles threw him. "With a strength and speed like he went across most of the yard."

Folkestad says Myles threw him across the yard. He said "this is the call, the one where we are going to have to shoot someone." #JusticeForMylesGray

Folkestad says he just wanted to get control. Again, no independent witness can confirm whether or not Myles threw him.

Folkestad says he now struck Myles in the face, a bunch of times. He was using "pretty strong" level of force to punch him in the head. he didn't think anything else would work, felt they were going to have to shoot him. "it was a fight for my life at this point."

Folkestad is "not sure of the exact sequence." He got pepper sprayed (by his partner) when he moved in. It affected his sight and breathing. Says Gray struck him and he woke up on the ground, disoriented. He says he couldn't breathe or see (again, because he got sprayed by a cop)

he says Cst Sahota called his name, "it seemed like something really bad had happened." Sahota & Birzneck had Myles Gray on the ground. Sahota told Folkestad to grab Myles' legs. He did so to try to get control.

Myles legs were kicking & thrashing (he had also been pepper sprayed & was being beaten and held down). The pain he was in must have been excruciating.

Folkestad says "a bunch of other officers showed up." He says "thank god, we're going to make this now." He remembers Cst Nick Thompson, says his face was covered in blood. He also recalls Cst Cain, Wong, Spencer, he thought "we're going to make it."

Make what, exactly?
#JusticeForMylesGray

Folkestad says he was brought out to ambulance or fire to get treatment for his or eyes.
He says he received the following injuries: "significant life changing injuries. They are permanent."

Folkestad explains his injuries: PTSD, mild neurocognitive disorder. He also had stitches on his chin and dealt with concussion issues for years.

He had no further involvement with Myles Gray after he went to the ambulance. Someone later told him he died.

Folkestad now asked about what force options were available to him. He cannot recall specifically.
#JusticeForMylesGray

He says he was plainclothes. He had a gun, cuffs, "to tell you the truth I don't know what I had that day."

Folkestad asked about discussion between him and the other 2 VPD officers. They wanted to locate him before he could interact with anyone else.

Folkestad did not take notes. He made a statement afterwards. He was off work for 4-5 months.
He did not make notes in his notebook. His notebook wasn't there.
He made a type-written statement.
He says he was in an emotional crisis after the incident.
#JusticeForMylesGray

He thought his career was done. He wanted to document something re: his injuries. #BeyondTheCall

He says he hasn't spoken about the incident with other officers. Says he has spoken about his injuries.
"It was really hard to see them." He says the traumatic event has effected Sahota & Birzneck as well.

Sahota gave no evidence that the traumatic event affected her.

https://twitter.com/critcrim/status/1648492717327151111?s=20

We will hear about the injuries to Myles Gray's face. Folkestad is asked if the level of force he was using at that point would have caused fairly severe injuries.

Folkestad "I honestly don't know."

Folkestad asked if he was qualified in the use of tasers. He was not.
Folkestad asked if he was qualified in the use of beanbag gun.
He was not.
What sort of training did he have, re: deescalation and interactions w individuals under the influence or having a MH crisis.

He cannot speak to what de-escalation training he had.

Folkestad asked what could be done to prevent future, similar deaths. Any training or equipment that might be beneficial.

Folkestad says he goes back all the time to this incident. "It's hard to answer." Maybe 10 police officers could have dealt quicker or better.

Folkestad's answer is basically like a budget request. He says "good cameras" could paint a picture of what happened that day. Specifically bodycams.
He wants the jury & experts to recommend other things. He cannot think of anything.

In Folkestad's estimation, bodycams would protect the cops (and their testimony) not members of the public, like Myles, who was brutally beaten by multiple #VPD officers.

Folkestad now reviewing a photo of the yard where the #VPD killed Myles Gray. Street-view photos of the yard and footpath up from Joffre.

Counsel for the family: asks Folkestad if in all of his thoughts, in all of the times he replayed it, has he had thoughts about other ways it might have played out.
Folkestad says yes.

He says Sahota told him she was almost attacked, "Myles wanted to fight." Folkestad that she was "fearful." She was locked in a paddywagon.

Folkestad did not know who Myles was, he didn't know anything about him. He did not have a description. He says he was told he might have assaulted someone.
Folkestad says he doesn't know the full details of the call. Again, his notebook wasn't on site, so no notes from that day

Donaldson asks if Folkestad wanted to challenge Myles. Folkestad says, definitely wanted to engage him. At 3:15:11 logged radio call from Sahota says Myles was "acting a little aggressive."

Folkestad spent a bit of time speaking to Sahota. The found out he went up to the house off Joffre. Folkestad or Birzneck radioed back, "we're just going to go up here and challenge."

The 3 #VPD officers went up the steps, into the yard where Myles Gray was. Photos previously shown in exhibits. Folkestad affirms Myles was in that yard, he had eyes on him. He just remembers Myles was shirtless, sweaty, he was barefoot. He had no weapon that Folkestad saw.

When Folkestad first saw him, he was in shorts, barefoot and he did not have a weapon.

Folkestad conjectures that Myles had a weapon after the #VPD handcuffed him (dafuq???)

Sahota, Folkestad & Birzneck approached him. Donaldson suggests Birzneck said something to the effect of "get down on your knees."
Folkestad does not remember what he said.

Folkestad does not remember what Birzneck said, before or after he apparently showed Myles his badge.

Then Birzneck pepper sprays him.

Correction, Folkestad says "he challenged us. Let's see your badges boys. Let's out a big roar."

Birzneck sprayed him.

Folkestad says "I remember him as a threat, I don't remember what movement he made."

Folkestad cannot recount any specific actions Myles took. He can only say he felt threatened.

Folkestad pressed on whether or not Myles charged him. It's a significant detail, it's concerning this #VPD officer cannot clearly recall it.

After Birzneck pepper-sprayed Myles, the 3 cops were only partially successful in handcuffing Myles.

Then the struggle was on.

During this struggle, the precise sequence is not clear. Folkestad says that is correct.

Somehow Myles Gray ends up on the ground. 3 #VPD officers were trying to control him.
Folkestad wants to reiterate Myles "threw him across the yard."
Folkestad says he doesn't know if Myles was on the ground.

Donaldson now reviewing Folkestad's statement.

At some point Folkestad wrote out his statement. In his statement he said "I engaged a male and struggled to gain control of him on the ground." "I punched him in the head, as hard as I could, as many times as I could."
Folkestad confirms this was true.

Folkestad cannot specify how many times he punched Myles Gray in the head. He wanted to get cuffs on him. Myles Gray injuries included "broken eye socket, a partially dislocated jaw and numerous other injuries." #JusticeForMylesGray
thestar.com/news/canada/20…

Folkestad - who delivered numerous punches to Myles Gray's face with all his strength - says that Myles punched him once and knocked him out.

Folkestad says he regains consciousness, and then tried to get control of his legs. He is not sure how many people were there at that point. He says it was only 3 #VPD at that point.

Sometime before Folkestad let go of Myles Gray's legs, other police officers were onsite.

Earlier Folkestad said Cst Thompson had blood on his face. It was from a tree branch.

Folkestad held down Myles Gray

He said he was not aware that one or more officers struck Myles Gray repeatedly with their batons,.

He says he didn't see any officers administer baton strikes.

This totally contradicts Sahota's testimony from yesterday

Somehow, these 3 #VPD officers were there, beating Myles Gray with all of their strength, yet neither Hardeep Sahota nor Kory Folkestad recalls the other using force. They both detail how they beat him to the point of their own physical exhaustion. #JusticeForMylesGray

Do we even know who punched Kory Folkestad??? Because his partner pepper sprayed him. And Folkestad or Birzneck broke Sahota's wrist... #JusticeForMylesGray

When first responders arrived, Folkestad had to flush the OC spray out of his eyes.

15 min break. back at 10:55

Returning from break.

Jury members now asking questions.

Juror 1: Asks in Folkestad got any information about Myles Gray mental health history before he left the scene.

Folkestad: He had no info about his MH.

Folkestad says no one knew he was Myles Gray.

Folkestad says his unit responded "because Cst Sahota needed help."

Folkestad says he does not remember the plan to hobble Myles Gray.

Folkestad says he has no recollection of whether or not Myles Gray was hobbled.

Folkestad does not remember if he identified himself as a police officer. He does not think he had his badge displayed. Remember, he was a plainclothes officer arriving onsite.

Folkestad does not remember if he had a baton on him or not. He remembers using his fists to beat Myles Gray, in the face. #JusticeForMylesGray

Juror #4 asking Folkestad what members of the public were made unsafe by Myles Gray, cornered in a garden.

Juror #4 says they are "trying to understand the sense of urgency" that Folkestad, Birzneck & Sahota felt. Why show force? Up until this point Myles Gray had not laid a finger on anyone. #JusticeForMylesGray

Juror#4 notes that the first use of force was the OC (pepper) spray. Why the urgency? #JusticeForMylesGray

Folkestad: "you don't really know until you deal with someone how it's going to be."

He references the earlier complaint re: spraying a woman with a hose.

He says maybe he should have waited for 10 more officers (for what?? a more thorough vicious beatdown??)

Juror #4 now asking about Folkestad's training. Folkestad says #VPd deal with mental health stuff, people on drugs "quite frequently." He cannot give specific data.

Juror #4: What proportion of your training is dedicated to people who are drunk, high or dealing with a MH episode? Folkestad cannot say the specific amount of training he has undergone.

Donaldson: "There was no thought given by you to disengage. It never entered your mind"

Folkestad says he didn't think he could.