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Day 3 of the inquest into the police killing of Myles Gray starts at 9.
Today 3 of the cops who killed Myles will testify.
Cst. K. Folkestad
Cst. E. Birzneck
Cst. J. Wong
The first time the public will hear from them.
Livestream
www2.gov.bc.ca/gov/content/li…
#JusticeForMylesGray
Today 3 of the cops who killed Myles will testify.
Cst. K. Folkestad
Cst. E. Birzneck
Cst. J. Wong
The first time the public will hear from them.
Livestream
www2.gov.bc.ca/gov/content/li…
#JusticeForMylesGray
First witness is Cst Kory Folkestad.
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.
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.
Code 3 Cover is "all hands on deck."
Had known Sahota for 3-5 years
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.
Code 3 Cover is "all hands on deck."
Had known Sahota for 3-5 years
She "sounded really afraid" on radio.
Told them she was extremely scared when they arrived.
3 cops at that point. Sahota said where she thought Myles had gone.
Anyone "challenging a cop" they view as extremely urgent.
Assumed Myles wanted to challenge an officer so changed
Told them she was extremely scared when they arrived.
3 cops at that point. Sahota said where she thought Myles had gone.
Anyone "challenging a cop" they view as extremely urgent.
Assumed Myles wanted to challenge an officer so changed
Their thinking about the situation.
Describes the yard as unique.
Saw Myles. Immediately became worried. Immediately thought he was "in excited delirium."
**Oh, here we go**
Family counsrl intervenes. He was worried about this very thing. Counsel needs to discuss this.
Describes the yard as unique.
Saw Myles. Immediately became worried. Immediately thought he was "in excited delirium."
**Oh, here we go**
Family counsrl intervenes. He was worried about this very thing. Counsel needs to discuss this.
Jurors are removed to jury room.
Cst Folkestad also removed.
Family counsel. Wanted to address this initially but there was an objection.
Witnesses can say what they have in their head, but counsel takes issue with excited delirium being a recognized condition.
Jurors cant
Cst Folkestad also removed.
Family counsel. Wanted to address this initially but there was an objection.
Witnesses can say what they have in their head, but counsel takes issue with excited delirium being a recognized condition.
Jurors cant
Take it at face value.
They cannot rely on something said by a cop, rather than evidentiary basis.
Excited delirium has to be put into context.
Doesn't want jury considering that excited delirium played any part in Myles death, based on the thoughts of a police officer.
They cannot rely on something said by a cop, rather than evidentiary basis.
Excited delirium has to be put into context.
Doesn't want jury considering that excited delirium played any part in Myles death, based on the thoughts of a police officer.
Counsel doesn't want unsupported opinion filtering out evidence on what occurred.
Counsel asks coroner to give the jurors a caution on the term as used by the officer.
Wants something said to the jurors because excited delirium is a term "of considerable dispute."
Counsel asks coroner to give the jurors a caution on the term as used by the officer.
Wants something said to the jurors because excited delirium is a term "of considerable dispute."
Vpd counsel recognizes the dispute. Says officers may have been given a concept of what the term means.
Vpd counsel McKnight has no problem with a caution being given.
Coroner agrees with giving a caution to the jury and will make it part of final summation as well.
Vpd counsel McKnight has no problem with a caution being given.
Coroner agrees with giving a caution to the jury and will make it part of final summation as well.
Jury returned prior to Cst Folkestad.
Provides cautionary note about lay witnesses.
The term excited delirium was used by a constable who is not a medical expert.
They should not rely on it as a medical opinion.
Terminology has changed over the last 7 years.
Provides cautionary note about lay witnesses.
The term excited delirium was used by a constable who is not a medical expert.
They should not rely on it as a medical opinion.
Terminology has changed over the last 7 years.
Excited delirium used less today. Discussion in medical circles disputing the term.
Pathologists do not give credence to that term or use it in their assessments.
Pathologists do not give credence to that term or use it in their assessments.
Cst Folkestad returns.
What is his source of information about excited delirium.
Says it was only his "experience as a police officers."
Says seeing Myles "sealed the deal."
Assumed immediately Myles was also on steroids.
Assumed immediately Myles had superhuman strength.
What is his source of information about excited delirium.
Says it was only his "experience as a police officers."
Says seeing Myles "sealed the deal."
Assumed immediately Myles was also on steroids.
Assumed immediately Myles had superhuman strength.
Says this was "my gut instinct."
Immediately believed it would be difficult to deescalate the situation.
Perceived Myles spoken tone to mean he wanted to fight.
"Instinctive."
Folkestad was not in uniform. Plainclothes.
Says Myles "tensed his body and let out a primal roar."
Immediately believed it would be difficult to deescalate the situation.
Perceived Myles spoken tone to mean he wanted to fight.
"Instinctive."
Folkestad was not in uniform. Plainclothes.
Says Myles "tensed his body and let out a primal roar."
Explain deescalation. Talk to people, communicate to solve problems.
Says Birzneck was a trained negotiator.
"Get control of it" and assess the situation.
Unpredictable behavior, erratic, suggests to him a risk to public safety.
Doesn't remember what Birzneck said.
Says Birzneck was a trained negotiator.
"Get control of it" and assess the situation.
Unpredictable behavior, erratic, suggests to him a risk to public safety.
Doesn't remember what Birzneck said.
Birzneck used pepper spray in Myles eyes.
Believed this would create window of opportunity to move in.
It can disorient someone.
Says Myles stumbled forward so he moved I to handcuff. Grabbed right arm. Thought "OH, he's really built."
Sahota moved to handcuff other wrist.
Believed this would create window of opportunity to move in.
It can disorient someone.
Says Myles stumbled forward so he moved I to handcuff. Grabbed right arm. Thought "OH, he's really built."
Sahota moved to handcuff other wrist.
Says Myles "broke free and squared off."
Says his memory is affected on what happened next.
Says Myles grabbed or struck him and threw him.
Thought "this is the call where we're going to have to shoot someone."
Says his memory is affected on what happened next.
Says Myles grabbed or struck him and threw him.
Thought "this is the call where we're going to have to shoot someone."
Not sure of next sequence. Struck Myles in the face multiple times. Punched him in the head.
Thought "we're going to have to shoot him."
Struck him with full force.
He remembers being affected by pepper spray.
Says he was knocked out at some point.
Woke up, couldn't see.
Thought "we're going to have to shoot him."
Struck him with full force.
He remembers being affected by pepper spray.
Says he was knocked out at some point.
Woke up, couldn't see.
Birzneck and Sahota had Myles on ground.
Sahota said grab his legs.
Felt like he wouldn't have strength to draw his gun if he had to.
Holding Myles legs, can't recall how.
Can't recall Myles positioning.
Other officers showed up.
He thought, "Thank God, we're going to make
Sahota said grab his legs.
Felt like he wouldn't have strength to draw his gun if he had to.
Holding Myles legs, can't recall how.
Can't recall Myles positioning.
Other officers showed up.
He thought, "Thank God, we're going to make
It now."
He was familiar with the squad that showed up.
Somone took him out to ambulance or fire.
Says he's had significant life changing injuries. Ptsd.
Had no further involvement after going to ambulance.
Someone told him Myles had died.
Q. What force options were
He was familiar with the squad that showed up.
Somone took him out to ambulance or fire.
Says he's had significant life changing injuries. Ptsd.
Had no further involvement after going to ambulance.
Someone told him Myles had died.
Q. What force options were
Available to him.
Doesn't remember what he had that day.
Usually gun, baton, pepper spray.
Doesn't remember the officers having any discussion before looking for Myles.
Says he made a statement at home.
Did not make notes in his notebook.
Says he went into emotional crisis.
Doesn't remember what he had that day.
Usually gun, baton, pepper spray.
Doesn't remember the officers having any discussion before looking for Myles.
Says he made a statement at home.
Did not make notes in his notebook.
Says he went into emotional crisis.
Thought his career was done.
Q. Has he discussed with other officers?
Says it's hard to even see them.
Where did he hit Myles head?
Not sure, thinks face and nose.
Counsel. There were injuries to bones in face and nose.
He says he doesn't know if he caused those.
Q. Has he discussed with other officers?
Says it's hard to even see them.
Where did he hit Myles head?
Not sure, thinks face and nose.
Counsel. There were injuries to bones in face and nose.
He says he doesn't know if he caused those.
What training did he have in deescalation?
Again, can't say what it was.
Mental health? Can't say.
Q. Anything looking back that might have helped? Training?
He says that's hard to answer. Maybe 10 officers would have been better (yikes).
Says, cameras to create a picture
Again, can't say what it was.
Mental health? Can't say.
Q. Anything looking back that might have helped? Training?
He says that's hard to answer. Maybe 10 officers would have been better (yikes).
Says, cameras to create a picture
Of that day. Bodycams.
Asked why. Says to paint a picture of Myles behavior. "Show the strength he had."
Make investigations go quicker with cameras.
He can't speak to training.
Donaldson, family counsel. Asks if he's thought about other ways this might have played out.
Asked why. Says to paint a picture of Myles behavior. "Show the strength he had."
Make investigations go quicker with cameras.
He can't speak to training.
Donaldson, family counsel. Asks if he's thought about other ways this might have played out.
Didn't know Myles description when he arrived.
The 3 officers decided to go challenge Myles (Donaldson).
Folkestad suggests he would have to challenge them rather than members of the public.
Radio says "We're going to go up there and challenge."
He only remembers Myles
The 3 officers decided to go challenge Myles (Donaldson).
Folkestad suggests he would have to challenge them rather than members of the public.
Radio says "We're going to go up there and challenge."
He only remembers Myles
Shirtless and sweaty.
No weapon when he first saw him.
Folkestad can't remember anything Birzneck said.
Words to the effect of "Get down on your knees" says counsel.
Folkestad mentions the roar again. Doesn't remember Myles movements but says he felt threatened.
No weapon when he first saw him.
Folkestad can't remember anything Birzneck said.
Words to the effect of "Get down on your knees" says counsel.
Folkestad mentions the roar again. Doesn't remember Myles movements but says he felt threatened.
Folkestad says it's hard to remember details.
After pepper sprayed Myles is clearly affected.
Folkestad can't remember much of what happened afterwards.
Says Myles "threw him across the yard."
His intent was to take Myles to the ground.
Folkestad doesn't have his statement
After pepper sprayed Myles is clearly affected.
Folkestad can't remember much of what happened afterwards.
Says Myles "threw him across the yard."
His intent was to take Myles to the ground.
Folkestad doesn't have his statement
With him.
His statement says he hit Mykes in the head as hard as he could as many times as he could.
Counsel asks how they could handcuff Myles when Folkestad was on top of him, punching him in the head.
Folkestad not sure when he got knocked out.
Remembers Sahota calling him
His statement says he hit Mykes in the head as hard as he could as many times as he could.
Counsel asks how they could handcuff Myles when Folkestad was on top of him, punching him in the head.
Folkestad not sure when he got knocked out.
Remembers Sahota calling him
He goes to control Myles legs.
Not sure how quickly other officers came.
Counsel suggests they were there before he let Myles legs go.
Remembers Cst Thompson having blood on his face (it was from a tree branch).
He says he was not aware of other officers having batons out,
Not sure how quickly other officers came.
Counsel suggests they were there before he let Myles legs go.
Remembers Cst Thompson having blood on his face (it was from a tree branch).
He says he was not aware of other officers having batons out,
Any baton strikes.
But Sahota has already said strikes were happening while Folkestad was there.
Folkestad says he doesn't know what injuries he inflicted.
References his own trauma.
Counsel asks if there was a pause after Myles was pepper sprayed.
Folkestad doesn't remember
But Sahota has already said strikes were happening while Folkestad was there.
Folkestad says he doesn't know what injuries he inflicted.
References his own trauma.
Counsel asks if there was a pause after Myles was pepper sprayed.
Folkestad doesn't remember
If or how long they waited before moving in.
Counsel notes, police are advised to wait to let the pepper spray take affect.
Folkestad confirms, but doesn't know if they did this.
Counsel notes, police are advised to wait to let the pepper spray take affect.
Folkestad confirms, but doesn't know if they did this.
Break return.
Folkestad returns to stand.
Juror 1. Asks if Folkestad received any information about Myles mental history beforehand.
No.
None knew his identity.
Asks about the handcuffs. Folkestad repeats Myles had stumbled forward and "initially was compliant."
Folkestad returns to stand.
Juror 1. Asks if Folkestad received any information about Myles mental history beforehand.
No.
None knew his identity.
Asks about the handcuffs. Folkestad repeats Myles had stumbled forward and "initially was compliant."
Asks if Folkestad or Birzneck was in charge in their team.
Birzneck was trained negotiator so he spoke first.
Plainclothes used for crimes in progress and informant work.
Couple of plainclothes cars assigned to each patrol team.
What is meant by "challenge." Does this imply
Birzneck was trained negotiator so he spoke first.
Plainclothes used for crimes in progress and informant work.
Couple of plainclothes cars assigned to each patrol team.
What is meant by "challenge." Does this imply
Police expect a person will be non-compliant?
Police regularly refer to interactions as challenge.
Folkestad doesn't recall plsn to hobble but says it is possible.
What is prerequisite for hobbling?
Folkestad can't say. There is some training for it.
Asked when hobbling
Police regularly refer to interactions as challenge.
Folkestad doesn't recall plsn to hobble but says it is possible.
What is prerequisite for hobbling?
Folkestad can't say. There is some training for it.
Asked when hobbling
Happened.
Folkestad doesn't remember.
Question about body placement. It is not near the tree mentioned previously and there was only 1 tree in the yard.
Asks if the body was moved?
Folkestad says he doesn't know
Folkestad doesn't remember exactly where he struggled with Myles
Folkestad doesn't remember.
Question about body placement. It is not near the tree mentioned previously and there was only 1 tree in the yard.
Asks if the body was moved?
Folkestad says he doesn't know
Folkestad doesn't remember exactly where he struggled with Myles
Folkestad can't remember when hobble was applied.
Doesn't remember if he saw the hobbling.
Juror 2. In response Folkestad does not remember ever identifying himself as a police officer or showing his badge.
Q about pepper spray. He had not been affected before that day.
Doesn't remember if he saw the hobbling.
Juror 2. In response Folkestad does not remember ever identifying himself as a police officer or showing his badge.
Q about pepper spray. He had not been affected before that day.
Q. Why did he say "Thank god"?
When other cops arrived he thought he'd survive.
Folkestad hit Myles with closed fist. Suffered no hand injury himself.
Doesn't remember if he had a baton.
Juror 4. Was Myles cornered?
Folkestad thinks he could have gotten out.
Q. If he's in..
When other cops arrived he thought he'd survive.
Folkestad hit Myles with closed fist. Suffered no hand injury himself.
Doesn't remember if he had a baton.
Juror 4. Was Myles cornered?
Folkestad thinks he could have gotten out.
Q. If he's in..
The garden, how did he pose a threat to the public?
He hadn't hurt anyone or been violent, so what was the urgency to control him forcefully?
Why not take more time to deescalate, talk, calm things?
Q. About training for such situations.
Folkestad can't say exactly.
He hadn't hurt anyone or been violent, so what was the urgency to control him forcefully?
Why not take more time to deescalate, talk, calm things?
Q. About training for such situations.
Folkestad can't say exactly.
Folkestad says they do a fair bit of training but can't say how much.
Q. What proportion of training would address these sorts of encounter? Is it proportionate to need?
Folkestad can't say.
Coroner asks if time is taken to consider how engagement will happen.
Folkestad says
Q. What proportion of training would address these sorts of encounter? Is it proportionate to need?
Folkestad can't say.
Coroner asks if time is taken to consider how engagement will happen.
Folkestad says
Not in this case.
They felt it was too urgent.
Coroner. Is Folkestad of the opinion the force he used would have caused substantial injuries.
Folkestad can't say.
So why was the force used?
Compliance and control.
"Did what he had to do."
Q. Is there force between punching
They felt it was too urgent.
Coroner. Is Folkestad of the opinion the force he used would have caused substantial injuries.
Folkestad can't say.
So why was the force used?
Compliance and control.
"Did what he had to do."
Q. Is there force between punching
And shooting?
Folkestad says no. He was thinking about shooting.
Nothing in between.
Folkestad testimony ends.
Cst Birzneck scheduled next.
Folkestad says no. He was thinking about shooting.
Nothing in between.
Folkestad testimony ends.
Cst Birzneck scheduled next.
Cst Eric Birzneck now testifying.
We heard yesterday that he struck Myles multiple times with baton.
Has been VPD since 2009. Before that CBSA.
He is a use of force instructor (wow, incredible).
Before 2015 he was qualified in firearm, carbine, 40m launcher, oc.
40m is riot
We heard yesterday that he struck Myles multiple times with baton.
Has been VPD since 2009. Before that CBSA.
He is a use of force instructor (wow, incredible).
Before 2015 he was qualified in firearm, carbine, 40m launcher, oc.
40m is riot
Control.
On day he carried oc and baton in addition to firearm.
Had 2 crisis intervention/ deescalation trainings.
Trained as crisis negotiator. He is still a crisis negotiator today (yikes).
This usually includes a mental health component.
He has notes from his notebook.
On day he carried oc and baton in addition to firearm.
Had 2 crisis intervention/ deescalation trainings.
Trained as crisis negotiator. He is still a crisis negotiator today (yikes).
This usually includes a mental health component.
He has notes from his notebook.
Wore shorts and long-sleeved shirt. Badge on lanyard.
Believes the call came in as assault.
Call for Code 3 Cover.
Met Cst Sahota.
Says she described Myles as "being jacked."
Says he "knew at minimum they were investigating assault."
Only briefly spoke with Sahota.
Then
Believes the call came in as assault.
Call for Code 3 Cover.
Met Cst Sahota.
Says she described Myles as "being jacked."
Says he "knew at minimum they were investigating assault."
Only briefly spoke with Sahota.
Then
Went up stairs into yard.
Asked what their plan was.
Says to go up and get an eye.
Can't say if this was agreed on verbally.
Doesn't recall if he made the "go up and challenge" radio call.
Asked what challenge means. Says he can't answer that.
Break for lunch.
Until 1 PM.
Asked what their plan was.
Says to go up and get an eye.
Can't say if this was agreed on verbally.
Doesn't recall if he made the "go up and challenge" radio call.
Asked what challenge means. Says he can't answer that.
Break for lunch.
Until 1 PM.
Sgt John Roberts sworn in.
Says photo was taken of him.
As he came out to elevator lobby tried to stop elevator door from closing.
Group of people he had seen in courtroom.
Says he was stopped from going in elevator out of respect for situation.
Saw person holding cellphone
Says photo was taken of him.
As he came out to elevator lobby tried to stop elevator door from closing.
Group of people he had seen in courtroom.
Says he was stopped from going in elevator out of respect for situation.
Saw person holding cellphone
Later colleague showed him his image in a tweet from @defund604
He then explains why he was sitting behind the Gray family.
Says it was the only seat left.
Now discussing the photo and his recollection that it was the 20th floor.
Asked to identify the person who took photo
He then explains why he was sitting behind the Gray family.
Says it was the only seat left.
Now discussing the photo and his recollection that it was the 20th floor.
Asked to identify the person who took photo
Says he thinks they have changed their appearance and he isn't quite sure who it is.
Request for alleged person to come forward.
They do.
Asked to affirm and tell the truth.
Asked if they took the photo.
Answer, No.
Asked if they know who took it?
Answer, No.
Request for alleged person to come forward.
They do.
Asked to affirm and tell the truth.
Asked if they took the photo.
Answer, No.
Asked if they know who took it?
Answer, No.
That is extent of evidence.
Sergeant asked to return.
Twitter account asked.
Asked if they know anyone from @defund604
Asked if anyone they know took the photo.
Asked if they had any photos on their phone.
They are released may go back to seat.
Sergeant recalled to scene
Sergeant asked to return.
Twitter account asked.
Asked if they know anyone from @defund604
Asked if anyone they know took the photo.
Asked if they had any photos on their phone.
They are released may go back to seat.
Sergeant recalled to scene
Still can't ID the person.
Can't say with full certainty.
Want to call Deputy Sheriff David Cortez.
Asked about interaction with person in gallery.
Had asked if person had taken photo.
Says he observed them take an image.
Asked to see their camera. Saw 2 images asked
Can't say with full certainty.
Want to call Deputy Sheriff David Cortez.
Asked about interaction with person in gallery.
Had asked if person had taken photo.
Says he observed them take an image.
Asked to see their camera. Saw 2 images asked
That they be deleted.
Does not believe the image was accidental.
Did not see the twitter image.
Will take 5-10 minute break.
Until 2:10.
Does not believe the image was accidental.
Did not see the twitter image.
Will take 5-10 minute break.
Until 2:10.
Coroner received copy of tweet from Defund.
Reads the tweet.
Entered as Exhibit B.
Photo os Exhibit A.
Thanks Sgt Roberts and Sheriff Cortez.
Concludes that it is reasonable witness had knowledge but not that they posted photo or tweets.
Warning that they could be removed
Reads the tweet.
Entered as Exhibit B.
Photo os Exhibit A.
Thanks Sgt Roberts and Sheriff Cortez.
Concludes that it is reasonable witness had knowledge but not that they posted photo or tweets.
Warning that they could be removed
Now resumes.
Cst Birzneck returns.
Audio played.
Cst Folkestad made challenge reference.
Took out ans extended his baton before going up the stairs.
Says Myles was closer to the house when they got up.
First saw him 9 to 10 feet away.
Pacing, had no shirt. Chain with tags.
Cst Birzneck returns.
Audio played.
Cst Folkestad made challenge reference.
Took out ans extended his baton before going up the stairs.
Says Myles was closer to the house when they got up.
First saw him 9 to 10 feet away.
Pacing, had no shirt. Chain with tags.
Thought they were dealing with mental health or drugs.
So Birzneck engaged. Told him "Charlie's weren't coming."
Kept baton behind leg.
Says Myles was delusional and pacing.
Said police held, waiting for moment of lucidity.
Says Myles was physically imposing.
So Birzneck engaged. Told him "Charlie's weren't coming."
Kept baton behind leg.
Says Myles was delusional and pacing.
Said police held, waiting for moment of lucidity.
Says Myles was physically imposing.
Birzneck thought steroids.
Says Myles was "ripped."
Kept baton, but out of sight.
Got oc. Says you want that to be a surprise.
Myles asked to see his badge.
Birzneck saw his demeanor change and Myles dropped his head and charged him.
**Neither other officer has said this**
Says Myles was "ripped."
Kept baton, but out of sight.
Got oc. Says you want that to be a surprise.
Myles asked to see his badge.
Birzneck saw his demeanor change and Myles dropped his head and charged him.
**Neither other officer has said this**
Sprayed pepper spray. Says it didn't work. Slowed Myles down.
At some point Folkestad went in to control his arm.
Says Myles came out with an incredible amount of strength.
Says there's "broken parts throughout" in what he remembers.
Recalls fight, striking Myles with baton.
At some point Folkestad went in to control his arm.
Says Myles came out with an incredible amount of strength.
Says there's "broken parts throughout" in what he remembers.
Recalls fight, striking Myles with baton.
Able to scoop Myles arm with his baton.
Sahota got one cuff on. Myles came with surges of incredible strength. Powered out of it.
He struck Myles again with baton. On legs.
"When you strike with a baton you want to strike with 100%"
Sahota got one cuff on. Myles came with surges of incredible strength. Powered out of it.
He struck Myles again with baton. On legs.
"When you strike with a baton you want to strike with 100%"
Again the awful claim that Myles felt no pain.
This is excited delirium priming.
"The higher the risk the lower they go."
Apparently police saying about getting people to ground.
Says Myles got up almost immediately and ran at him to take him to the ground.
This is excited delirium priming.
"The higher the risk the lower they go."
Apparently police saying about getting people to ground.
Says Myles got up almost immediately and ran at him to take him to the ground.
Says "fits of strength" again.
Applied a bear hug to take Myles to the ground. They ended up under a tree.
Controlled Myles left arm while straddling his hips.
Sahota grabbed other arm.
Folkestad rolled onto his legs.
Says Folkestad said he was "fucked up"
Applied a bear hug to take Myles to the ground. They ended up under a tree.
Controlled Myles left arm while straddling his hips.
Sahota grabbed other arm.
Folkestad rolled onto his legs.
Says Folkestad said he was "fucked up"
Says Myles was making "animal noises."
Held Myles while waiting for other officers.
They were under a tree.
Saw Cst Wong come in.
Heard a scream and saw an officer grab his head (Thompson had run into a tree).
Claims another "bought of superhuman strength."
Held Myles while waiting for other officers.
They were under a tree.
Saw Cst Wong come in.
Heard a scream and saw an officer grab his head (Thompson had run into a tree).
Claims another "bought of superhuman strength."
Birzneck thought "we have to end this thing."
Put on vascular neck restraint.
Pressure on carotid artery, jugular vein, pressure on chest.
Behind person. Line up chin and elbow, pressure on sides, not front.
Says he got no response from Myles.
Didn't think it was effective.
Put on vascular neck restraint.
Pressure on carotid artery, jugular vein, pressure on chest.
Behind person. Line up chin and elbow, pressure on sides, not front.
Says he got no response from Myles.
Didn't think it was effective.
Struggle continued on ground. He released neck hold.
Heard someone say they had him in cuffs.
Got up and left Myles with other officers.
Went to look for his partner.
Myles was in custody.
Saw cpr being given to Myles.
Question returns to hobble.
Heard someone say they had him in cuffs.
Got up and left Myles with other officers.
Went to look for his partner.
Myles was in custody.
Saw cpr being given to Myles.
Question returns to hobble.
Doesn't know who put hobble on.
Can't recall who was giving cpr.
Thinks Bowater or Cain.
Says he had tunnel vision.
Saw Cst Wong strike Myles on the side of the face while under the tree.
Does not recall if Myles was bleeding. Thought his red face was due to pepper spray.
Can't recall who was giving cpr.
Thinks Bowater or Cain.
Says he had tunnel vision.
Saw Cst Wong strike Myles on the side of the face while under the tree.
Does not recall if Myles was bleeding. Thought his red face was due to pepper spray.
Says he wrote his statement within a week. Not when it went on prime.
Saw Bowater doing chest compressions on his last return to scene.
Birzneck says he was last to leave scene.
Says he wrote notes back at HQ.
Stopped by hospital to check on Folkestad.
Donaldson asks why
Saw Bowater doing chest compressions on his last return to scene.
Birzneck says he was last to leave scene.
Says he wrote notes back at HQ.
Stopped by hospital to check on Folkestad.
Donaldson asks why
Why Birzneck didn't bring his notes?
Break for Birzneck to get his notes.
Return 3:35.
Break for Birzneck to get his notes.
Return 3:35.
Resumes.
Donaldson to introduce items.
McKnight says it hasn't been presented to the jury what the actual injuries were.
Up to jury to determine what injuries were and who caused them.
The submission is about the list of injuries.
Coroner denies the application.
Donaldson to introduce items.
McKnight says it hasn't been presented to the jury what the actual injuries were.
Up to jury to determine what injuries were and who caused them.
The submission is about the list of injuries.
Coroner denies the application.
Last witness Cst Wong is released.
Will testify tomorrow morning instead of today as originally scheduled.
Birzneck returns to stand.
His notes have been entered.
Donaldson asks if he left anything out or put in things to justify what he did.
He says no.
Will testify tomorrow morning instead of today as originally scheduled.
Birzneck returns to stand.
His notes have been entered.
Donaldson asks if he left anything out or put in things to justify what he did.
He says no.
Birzneck did not post his statement in prime until March 2016, months later.
After it had been reviewed by counsel and the association.
Donaldson questions that it was a Code 3 callous. Radio does not say that.
Birzneck is interpreting "hurry up cover" as Code 3.
After it had been reviewed by counsel and the association.
Donaldson questions that it was a Code 3 callous. Radio does not say that.
Birzneck is interpreting "hurry up cover" as Code 3.
Sahota did not say that.
Now Birzneck doesn't recall the radio call referring to "challenge him."
Donaldson says you don't need a baton to "get an eye on someone."
Birzneck disagrees.
Birzneck says he saw no weapons.
When he saw Myles he thought mental health/drugs/both.
Now Birzneck doesn't recall the radio call referring to "challenge him."
Donaldson says you don't need a baton to "get an eye on someone."
Birzneck disagrees.
Birzneck says he saw no weapons.
When he saw Myles he thought mental health/drugs/both.
Birzneck denies he told Myles to get on his knees, as other officers said.
He says Myles charged him, other officers did not say they saw this.
He says Myles went down on one knee but no one then touched him.
Then Birzneck kicked him to knock him down.
Put Myles in bear hug
He says Myles charged him, other officers did not say they saw this.
He says Myles went down on one knee but no one then touched him.
Then Birzneck kicked him to knock him down.
Put Myles in bear hug
Birzneck did not see Myles make contact with Folkestad.
There was a fracture in throat area to Myles.
Birzneck did vascular restraint.
Birzneck denies doing that under the tree.
Myles was under control at that point but not in custody.
His arms were held down.
There was a fracture in throat area to Myles.
Birzneck did vascular restraint.
Birzneck denies doing that under the tree.
Myles was under control at that point but not in custody.
His arms were held down.
Donaldson suggests other officers were there when the radio call about hobbling was made.
Thompson was there, Birzneck agrees.
Myles is moved out from under the tree.
Donaldson suggests Birzneck was on Myles and dragged out too.
Birzneck agrees.
Subsequent struggle
Thompson was there, Birzneck agrees.
Myles is moved out from under the tree.
Donaldson suggests Birzneck was on Myles and dragged out too.
Birzneck agrees.
Subsequent struggle
Birzneck attempts vascular neck restraint.
He saw no one else hit Myles throat.
So he must have caused those injuries says Donaldson.
Donaldson says those injuries would result if the restraint was applied incorrectly.
He saw no one else hit Myles throat.
So he must have caused those injuries says Donaldson.
Donaldson says those injuries would result if the restraint was applied incorrectly.
He says by now the officers have lost all sight of the fact that they were only called about someone using a water hose.
Birzneck "We have to put violent..." then stops.
Donaldson asks how they got handcuffs on Myles behind his back if Birzneck was on his back with neck hold.
Birzneck "We have to put violent..." then stops.
Donaldson asks how they got handcuffs on Myles behind his back if Birzneck was on his back with neck hold.
Officers saw no blood but Myles had a broken nose and head laceration.
Birzneck recalls seeing none of this.
Doesn't remember when he was told Myles was dead.
Asked how many baton strikes he administered
He says 2 or 3.
Birzneck recalls seeing none of this.
Doesn't remember when he was told Myles was dead.
Asked how many baton strikes he administered
He says 2 or 3.
Joseph/officer counsel. Asks a out the term challenge.
He says go up and make contact with somebody. It doesn't mean a specific course of action.
Describes hobble as like a nylon belt that is tightened.
Birzneck says it could have been a mental health act arrest.
He says go up and make contact with somebody. It doesn't mean a specific course of action.
Describes hobble as like a nylon belt that is tightened.
Birzneck says it could have been a mental health act arrest.
Birzneck says again that Myles attacked him first.
He refers to the water hose incident as an arrestable assault.
Ambulance wouldn't even show up unless he was in custody.
Birzneck justifying insistence on arrest.
Juror 1. Asks about hobble.
Birzneck doesn't know when or who.
He refers to the water hose incident as an arrestable assault.
Ambulance wouldn't even show up unless he was in custody.
Birzneck justifying insistence on arrest.
Juror 1. Asks about hobble.
Birzneck doesn't know when or who.
Says Myles had another "surge of power" after pulled from under the tree.
Saw Wong come in under the tree and strike Myles.
Juror 1. Question about whether Sahota and Folkestad were close enough to hear Birzneck at the start.
Asks if Birzneck asked Myles his name. No.
Saw Wong come in under the tree and strike Myles.
Juror 1. Question about whether Sahota and Folkestad were close enough to hear Birzneck at the start.
Asks if Birzneck asked Myles his name. No.
Birzneck was very focused on Myles talking about "Charlies."
Didn't even bother to ask his name.
Q. At any point did he explain the situation to Myles? No.
Birzneck claims again Myles charged him.
Juror 1. Other officers make no mention of Birzneck talking to Myles
Didn't even bother to ask his name.
Q. At any point did he explain the situation to Myles? No.
Birzneck claims again Myles charged him.
Juror 1. Other officers make no mention of Birzneck talking to Myles
Or Myles charging him.
Sahota said he sprayed pepper soon after encounter.
Coroner intervenes. Says witness can't speak about what other witnesses said.
Juror 2. How far were you from Myles to start? 9 or 10 feet.
Q. How could he not cover 9 or 10 feet of he charged?
Sahota said he sprayed pepper soon after encounter.
Coroner intervenes. Says witness can't speak about what other witnesses said.
Juror 2. How far were you from Myles to start? 9 or 10 feet.
Q. How could he not cover 9 or 10 feet of he charged?
Birzneck sounds like someone who's been coached in doing vourt appearances, court psychology.
Q. How many times had Birzneck done neck restraint previously.
Juror 4. Was Myles running or walking when he charged?
Birzneck can't say how fast.
Q. Asks about hobble plan on radio.
Q. How many times had Birzneck done neck restraint previously.
Juror 4. Was Myles running or walking when he charged?
Birzneck can't say how fast.
Q. Asks about hobble plan on radio.
Q. If he had 2 hands on Myles how did he click the radio?
Q. You said you had a hobble plan, but described this as a request to Juror 1. That doesn't sound like a request.
Q you didn't even know if a hobble was coming. How was that a plan.
Q. When did you notice a hobble?
Q. You said you had a hobble plan, but described this as a request to Juror 1. That doesn't sound like a request.
Q you didn't even know if a hobble was coming. How was that a plan.
Q. When did you notice a hobble?
Only during cpr.
Q. Is it possible your neck restraint caused Myles to go unconscious?
Birzneck says no.
Juror 5. How much time between leaving, coming back and seeing cpr.
Birzneck can't say.
VPD still uses vascular neck restraint Birzneck says.
Q. Is it possible your neck restraint caused Myles to go unconscious?
Birzneck says no.
Juror 5. How much time between leaving, coming back and seeing cpr.
Birzneck can't say.
VPD still uses vascular neck restraint Birzneck says.
Adjourned at 5:13.
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