Thread by @defund604

Inquest resuming following lunch break.
Livestream details: www2.gov.bc.ca/gov/content/li…

This afternoon there will be 2 witnesses from the IIO speaking. In 2019 the IIO recommended charges globalnews.ca/news/4853753/m…

Witness #1: Simon Bradshaw, from the IIO. Director of Investigations at the IIO.
- Managing a number of investigators
- Assuming responsibility for investigations

He is former military. Analyst and Arabic linguist (wut?)
Former UK police officer
Came to canada in 2012.
Worked as a community coroner for ~ 1 year.
Joined IIO in 2016.

Simon Bradshaw explains what a "witness offcer" is, distinguished from a "subject officer." Officer whose presence, decision or action is a contributory factor in death or serious harm.

Designations are determined by an IIO investigator. Police will typically highlight potential witness officers.

Witness officer is obliged to comply with any of the IIO's wishes. Duty to cooperate. Compelled to be interviewed. They have to answer Qs.

A subject officer is treated as any other person who may have a form of jeopardy (i.e. is there a likelihood of a crime being committed, if one possibly has, they have rights under charter). They don't have to speak with the IIO. Asked to voluntarily provide info, no requirement.

Did the subject officers in the Myles Gray matter provide any evidence?
No.

IIO notified of the death of Myles Gray on 13-Aug-2015 by a VPD Inspector around 15:42. They arrived around 16:32. Deployed a team of investigators, incl forensic investigator.
Numerous investigators.
Identify subject & witness officers.
Canvass scene (incl other witnesses)

There were no independent witnesses to the use of force and death of Myles Gray.

IIO references challenges with witness officers. Subject officers declined all requests for info.
At the scene, found a baton, canister of OC spray, broken sunglasses, dime, pair of shorts, blood in 3 locations.

Blood was swabbed, it was Myles Gray's blood on the ground, near the tree. Blood to the left & right of his face.

How did IIO id Myles Gray? Affected Persons Manager & IIO Investigator went to the scene. Took a photo. There was simultaneous info about Myles being missing. IIO went to meet with Margie & Mark Gray. Connection had been made that Myles Gray was the person killed by #VPD.

Myles' aunt provided a photo to the Affected Persons Manager. Also used his necklaces to confirm these were Myles' belongings.

Canvass was conducted. Very little results, Location was secluded & behind trees.
Spoke with 7 witnesses, saw Myles in different stages of undress, acting strangely. All had seen him in the vicinity of the Joffre address.

IIO again references difficulty obtaining interviews with #VPD witness officers. Vancouver Police Union also created challenges.

Examined Sahota's vehicle. Fingerprint & palmprint on Sahota's wagon.

Got medical records from witness officers. Had to get judicial authorization. Obtained records.
Wong - sore knee (dogpile)
Sahota - hand
Spencer - wrist
Thompson - rhodo hit him
Cain - injured 3rd toe

Most injuries were inflicted by using force.
IIO also obtained expert reports from an inspector re: use of force. UoF determined that the use of force was within expectations of training & policy. Had to be done without info from subject officers.

Dr Christine Hall provided an expert report re: excited delirium. She said the death was not related to asphyxiation or positional asphyxiation. Also had autopsy & tox report.

Dr. Orde's autopsy was reviewed by experts across Canada, found to be high quality.

IIO determined that the person killed by #VPD was Myles Gray. Born in 1982.

Simon Bradshaw provided with photos by Coroner's Counsel . IIO created a timeline and several maps.
Also shown an overhead scene diagram created by the VPD.

IIO Chief Civilian Director referred file to Crown Counsel of 28-Feb-2019.

On 16-Dec-2020 Crown issued a "clear statement," stating no officers would face charges.

David McKnight asks Bradshaw about the injuries suffered by #VPD Officers.
- Sahota - injury to her wrist (struck by Thompson's baton)
- Birzneck - received no treatemnt
- Folkestad - laceration, PTSD
- Thompson (laceration to the head)

DNA samples were not tested for Thompson's blood. IIO prioritized the "affected person" Myles Gray's injury.

Subject officers do not have a requirement to speak to the IIO. They may face jeopardy. They are subject to Charter protections. They have a right to counsel & right to remain silent.

Subject officers: IIO initially identified 11 officers. Went to 9. Went to 5. Went to 4.

IIO receives policies & training records from #VPD. Include requirement that officers involved in events make notes in their notebook. Policies also require officers to create a document that is more extensive that their notebook.

The police still have an obligation to create a more extensive document (AKA "GO Report" or Police Statement"). The IIO seals any of these docs unless they have consent from the subject officer.

Subject officers were formally asked for documents on at least 3 occasions.

Charter overlays the Police Act. The IIO has interpreted the protections for subject officers through this. They created the term subject officer & witness officer.

Christine Joseph notes that by the end of the IIO investigation there were 4 subject officers: Birnzeck Wong Cain Spencer

Christine Joseph notes interviews with numerous witness officers, who the IIO was eventually able to speak with.

Christine Joseph wants to point out that the IIO is designated, under the Police Act, for the purpose of investigating the police.

Yes, duh.

Christine Joseph notes how paramedic Shapiro was also told not to speak with the IIO.
Bradshaw says that the IIO normally submits a request to EHS to get identifying info.

IIO has an agreement w agencies - in major incidents they tend to get docs quickly, up to 30 days.

BC legislation does not distinguish subject officers or witness officers. We don't have that in BC. At that time IIO had an MOU.

From Day 1 subject officers were advised not to speak with the IIO.

Christine Joseph is trying to make it sounds like witness officers are going above and beyond the call of duty by cooperating with the IIO. She says "this is an obligation that no other citizen has."

Normal citizens don't have to do this. Cops aren't "normal citizens."

IIO can designate a subject officer a "witness officer."
If there is sufficient info that makes it seem that a witness officer is actually a subject officer, they could face the risk of becoming a "subject officer."

Juror 1 asks why Myles Gray's shorts were away from him. Was there any reason for it?
Myles Gray was at the scene in his underwear, not wearing these shorts.

Why were Myles Gray's shorts not on him? It has never been explained.

IIO Chief Civilian Director (CCD) & other people within the IIO review the file. CCD can choose to send the file to Crown Counsel.

Crown did not interview subject officers. Crown did have access to the officer's PRIME reports.
Crown chose not to pursue charges.
www2.gov.bc.ca/assets/gov/law…

Initially there were 9 subject officers, 3 witnesses identified by the #VPD.
As the investigation progressed, the IIO re-assessed.
IIO ultimately identified 4 officers were ultimately identified as subject officers:

There were officers onsite who were neither subject not witness officers.
- "Support" - ex. Dent, London, Tan
- "Canvassing" & "Security"
- Another RCMP officer who was on-scene

The number of subject officers changed over a lengthy period of time. Some of the delays were due to officers litigating.
IIO had to send letters to the police agency. Chief Constable (Adam Palmer) did not order compliance.

IIO submitted a petition to the court. Sahota finally complied and the petition was dropped.

That's Hardeep Sahota - #SLO officer!

IIO says this is akin to "peeling an onion." You peel away and learn more info.

In this case, the only witnesses to what happened to Myles Gray were ALL police officers. There was also not a clear cause of death.

Folkestad was initially a subject officer, then became a witness. IIO has never designated someone a witness and then converted them to a subject officer.