Thread by @defund604

Next witness is Eric Birzneck. This is the officer who, according to both Sahota & Folkestad, took command of the scene. Trained negotiator who deployed pepper spray as soon as he encountered Myles Gray. #JusticeForMylesGray

Birzneck has been a #VPD officer since 2009. He was previously a #CBSA officer for 7 years. He is a "force options" trainer. A use of force instructor.
A #VPD use of force instructor killed Myles Gray.
#JusticeForMylesGray

Birzneck was qualified to use OC spray, baton, carbine, 40 ml launcher (crowd control). He was not qualified to use a taser when Myles Gray was killed by the #VPD.
If you're interested, here's a list of what weapons VPD possess: vpd.ca/wp-content/upl…

Birzneck had OC and a baton the day he killed Myles Gray. Prior to 2015 he had at least 2 crisis intervention & de-escalation courses thru #VPD. In 2012 he became a crisis negotiator. He remains active as a crisis negotiator til this day.

Birzneck says he has training in mental health.

He is asked what he did to refresh his memory:
He read his PRIME statement and notes.
He says there are notes in his notebook that he recorded.

On Aug 13, Birzneck was paired with Folkestad. They were plainclothes. He recounts how he and Folkestad received the call and arrived in Burnaby.

Birzneck was the driver, Folkestad was on the cop computer. He only heard what was coming in over the radio. Says that he knew "at a minimum we were investigating assault."

Birzneck asked about what the plan was before Sahota & Folkestad went up the stairs. To get eyes on him. They didn't want to lose Myles in the bushline.

Birzneck cannot say if the other officers were in agreement. "Well, they came with me."

Birzneck asked if he recalls making a radio transmission. He cannot recall.

Birzneck referred to an exhibit to refresh his memory. Records from that day say "we are just going up there to challenge." Birzneck cannot recall which officer made the radio transmission.
He doesn't know if those are his words or Kory Folkestad's.

Lunch break until 1 PM.

ummm it is nearly 1:30. what's the ETA on inquest resuming? CC @bccoroners since you are apparently tracking our tweets...

@bccoroners .@bccoroners very concerned that a cop was photographed in the hallway and they are also opposed to live-tweeting of the inquest into the police murder of Myles Gray.

Sgt John Roberts says he was photographed during the morning break, as he attempted to enter the elevator with the family of Myles Gray.

More info on John Roberts...Defending the use of a beanbag gun against a woman at BC Women's Hospital in 2022.
cbc.ca/news/canada/br…

Defund 604 is not on trial here. Sadly no one is. But we are observing these proceedings in order to understand how, why and when the #VPDKilledMylesGray.
Can we please return to the business at hand. Can cops stop harassing mom's who are grieving their murdered children???

It is unfortunate that the interaction outside, regarding photographs of VPD officers, the Coroner's Inquest is getting more sustained attention than the behaviour of the various #VPD officers involved in the murder of Myles Gray. #JusticeForMylesGray

Just a reminder, while this farce is underway, that #VPD officers Beau Spencer, Hardeep Sahota, Josh Wong, Kory Folkestad, Nick Thompson, Derek Cain and Eric Birzneck killed Myles Gray. #JusticeForMylesGray

Back to Eric Birzneck's testimony. He just heard a radio transmission made by Kory Folkestad.
Before he went up the footpath to find Myles Gray, he withdrew his baton.

Myles Gray was 9-10 feet away when Eric Birzneck first saw him. He was not wearing a shirt. He was wearing a necklace with dog tags. Apparently he said "The Charlies are coming."
Birzneck said this brought him back to "old Vietnam movies."

He said he believed they were dealing with drugs, mental health, or a combo of both. Birzneck claims he tried to reassure him the charlies were not coming.
He claims he attempted to de-escalate. This is not corroborated by Sahota nor Folkestad.

Birzneck says he kept the baton behind his leg, so it was not in view when he was talking to Myles Gray. He makes a point of saying they were trying to get him to calm down. Again, not corroborated by the 2 other officers who were there.

Birzneck described Myles as a muscular person. He says "I am looking at steroids in a sense..." Says Myles' muscles were defined. He says "we're looking at a bit on our plate." He claims they "were just going to hold. We're just going to relax him down."

Birzneck had his OC (pepper) spray behind his back. He had both a baton and OC spray in his hands. He says the other officers were empty-handed.

Birzneck's testimony completely contradicts what Sahota & Folkestad testified to earlier. He is making it seem like he had a prolonged de-escalation with Myles Gray, then he claims that Myles charged at him.
No other #VPD officer has given evidence regarding a "charge."

Birzneck says this happened in a matter of seconds. He perceived that Myles Gray was charging at him. He says Myles was talking about the badge with him.
Birzneck cannot give details regarding distance between the 3 officers.

Believing Myles was going to attack him, Birzneck deployed the OC spray. He claims "it didn't work. It did kind of stun him. It did slow him down a little bit."
Birzneck says the goal is to create a "window of opportunity."

At some point, Folkestad went in. Birzneck says Myles Gray came through with "an incredible amount of strength." And then he started fighting. Birzneck says he was throwing punches. He cannot recall who was being punched. Again, this contradicts what we heard earlier.

Birzneck says he struck Myles Gray 1-2x max with his baton, in the leg & thigh. "We kind of moved." He says he was able to scoop Myles Gray's arm, to pull his arm and hold it there. He says Folkestad was holding the other arm. He says Sahota got one cuff on Myles.

Birzneck describes Myles as having "surges of incredible strength."
These #VPD use of force trainers are like creative fiction writers.

Birzneck claims that nothing worked - de-escalation, use of force. He says the officer presence didn't deter. Communication didn't work (apparently they were communicating throughout). Neither OC nor baton were working.

Birzneck struck Myles Gray with 100% to minimize the amount of times you have to strike somebody. Birzneck claims Myles was "not feeling pain at that point." This is an absurd and inappropriate assertion by a #VPD use of force expert. Only Myles would be able to describe the pain

Birzneck is fixated on the "incredible bouts of strength." He references a police saying "The higher the risk, the lower they go." You can tell he is itching to describe excited delirium but he has probably been advised against it. #JusticeForMylesGray

Birzneck's accounting of the situation tracks with the copaganda that followed the murder of Myles Gray. Dehumanizing and impossible language - claiming that Myles felt no pain, that he had incredible bouts of strength, that he somehow was able to take down multiple VPD officers

Birzneck claims he did a "body-lock takedown" and Myles landed on his back, with Birzneck on top. Somehow they end up under a tree in this yard.
He claims he had control of Myles' left arm.

#VPD officer Birzneck explaining use of force with WWF terms.

Birzneck claims he heard Folkestad say "I'm fucked up." Notably, Folkestad did not say this in his testimony earlier today.
Apparently, Birzneck told Myles to take it easy, it's the police, stay calm.

Apparently cover started showing up. Cst Wong showed up from the other side. He looked up and saw a member bleeding from his head. It turns out Cst Thompson ran into a tree.

Once Myles was pulled out from under the tree, and experienced "another bout of super-human strength" and ripped off Birzneck's badge. He says they went back to the struggle, back to the fight.
Birzneck thought "we have to end this."

Birzneck claims that Myles spat on him. He says "we pull him out." He says, "I did not pull him out." Then he applied a "vascular neck restraint." AKA chokehold.

At this point, Myles Gray had been punched in the face repeatedly, full strength, by Kory Folkestead; he had been beaten by Hardeep Sahota to the point she was physically exhausted, and Eric Birzneck had been physically restraining him after pepper spray.

It really seems like Eric Birzneck wanted to sample the entire use of force continuum.

Eventually, Myles was handcuffed. That's when Eric released the pressure. Birzneck says the chokehold (sanitized name "vascular neck restraint") was the only force he used.
It seems like this #VPD officer watched too much MMA. And wanted to try it for himself.

Other officers had Myles Gray in custody. He eventually went down, and then he saw constables giving CPR to Myles Gray.

Notably, Birzneck has not referenced the hobble. Question raised by inquest counsel.

The timeline re: hobbling of Myles Gray seems deliberately confusing. Why can't a single officer name who put the hobble on Myles Gray?? #JusticeForMylesGray

Eric Birzneck's testimony, especially coupled with the 2 other officers who first encountered Myles Gray, is wholly unbelievable. The timeline makes no sense, officers have been unable/unwilling to explain the totality of force that was being applied. They all had "tunnel vision"

Eric Birzneck was so focussed on applying a chokehold to Myles Gray that he didn't even register when he was handcuffed. He did take a moment to notice Cst Wong strike Myles Gray. #JusticeForMylesGray

Birzneck says he saw "redness on the face." He thought it was from OC spray. That is the only injury he can recall. Shocking, when you consider the extensive list of injuries. #justiceformylesgray

Birzneck now referring to his GO report. The statement was made within a week. When did it get added to PRIME?????

Birzneck was released from the scene. He says he wrote the notes when he got back to 2120 Cambie. When he left the scene he went to the hospital to "check in" on his colleague. Then went thru IIO. #VPD union rep shows up. Peer support too.

Birzneck is careful to say he didn't discuss the incident with anyone.

Birzneck did not bring his notes with him today. He chose not to bring his notes with him. He only brought the GO. Apparently the "notes are in the building."

Why would this #VPD officer not show up prepared to provide evidence, with his notes. #JusticeForMylesGray

Inquest taking a break so this #VPD officer can retrieve his notes, which he didn't see fit to bring as he returned to provide evidence.

Back at 3:35.

we're back in session!

donaldson submitting a list of injuries that myles had. he wants to make sure the jury has a list of all the injuries while the cops give their testimonies (aka lies)

surprise! the lawyer for the cops objects. even though the list of injuries are already in the public record and all over the news.

once again the coroner sides with the cops. the list cannot be given to the jury

According to the radio transcript from the police, Sahota never asked for a Code 3 - she asked for support. when Birzneck shows up he's briefed by Sahota. Within 13 seconds of arrival, Contable F radios to say "we're gonna go up there an challenge".

but Birzneck says he doesn't remember this radio called being made (even though they were all standing there together)

Birzneck says they were just gonna get an eye on Myles, but he brought his baton with him. i guess you need a baton to look at someone?

Birzneck denies there was an intention to fight Myles, even though his partner said they were gonna challenge him and he himself had his baton out.

Birzneck says Myles charged at them. but the other two cops already said Myles did NOT charge them.

Birzneck hit Myles with a baton multiple time, before and after they tried to handcuff him.

Birzneck tried to kick Myles, he fails. then he tried to take Myles down via bear hug. then he stradles him and is holding his left arm.

Birzneck never saw Myles Hitting Constable F.

Myles had a crushed throat - Birzneck did choke him

at 15:23 Birzneck radios to say they have a plan to hobble Myles. 30 seconds later another constable is radioing to say they need an ambulance. but Birzneck claims that when he made the radio call about the hobble there weren't other officers there.

so when did the other cops show up? so many inconsistencies with Birzneck's statement, and honestly with all the cops's testimonies so far.

Birzneck says nobody else choked or punched Myles in the throat. Only he choked Myles, but he is also not sure how Myles throat got crushed. make it make sense.

all of this violence because Myles sprayed someone with a hose. SHAME!!!

Birzneck considered Myles a violent person because he didn't submit to the police. but we wonder why should he submit? over a hose? VPD are cowards.

if Birzneck was behind Myles while chocking him, how was then Myles simultaneously handcuffed from behind?

then Myles was hobbled. Birzneck observed Myles looking "red", but somehow he didn't notice he was bleeding, had a broken nose (which would also bleed) and any number of other injuries that we know from the coroner's office Myles suffered.

Birzneck says he was on scene until the very end, but he doesn't remember when or who told him Myles was dead. because he actually doesn't care.

Birzneck says he struck Myles 2-3 times on the legs with a baton (earlier he said 1-2). but yesterday Sahota (who was also hit by Birzneck's baton, and suffered a broken hand as a resutl) said he hit Myles many many times and with full force.

Birzneck claims that "challenge" means making contact. even though everyone else in the world knows that "challenge" means confront.

Birzneck now says that when he said they were gonna use a hobble, he actually didn't mean a hobble. so what did he mean? a challenge is not a challenge, a hobble is not a hobble. is he speaking in code? code that he only knows?

the lawyer for the cops keeps feeding information/statements to Birzneck - counsel for the family of Myles objects - - - - the coroner once again sides with the police.

Now to the jury:

juror #1 asks clarifying qs about what took place under the tree, who was holding Myles' legs, and the timeline of things-- much of which Birzneck replies "I do not recall"

now, Birzneck cites the children's game "telephone" as yet another way to say he doesn't recall and that the dissemination of info amongst officers on site may have inaccuracies, this time about the use of a hobble

qs still coming from juror #1, now about the so-called de-escalation process when Birzneck initially approached Myles'

Birzneck claims things were moving so quickly that he had no time to tell Myles' that he was under arrest

now to juror #2, they ask about when exactly Myles became unconscious

"I do not recall" is unsurprisingly Birzneck's answer yet again

juror #3 is up and asks about whether Birzneck is left or right handed for whatever reason (he's right handed and sprayed Myles' with his left)

juror #4 now asks what Birzneck was doing when he said "we're gonna hobble him" - he apparently has three hands and was able to hold Myles down while also using his radio

juror 4 asks what he meant when he said we're gonna hobble him - if they allegedly didn't have a hobble with them? Birzneck says he meant it like, someone please bring a hobble.

juror 4 asks if Birzneck's choke hold made Myles unconscious. Birzneck says he doesn't know. ???

Birzneck's priority was checking in on his partner (who had been pepper sprayed by Birzneck himself) - not whether or not Myles was alive.

Birzneck confirms that to this date it is acceptable for VPD officers to choke people.

and on that terrifying note, the inquest is adjurned for today. day 4 starts tomorrow thursday april 20 at 9am.