Thread by @critcrim

The coroner's inquest into the Vancouver police killing of Myles Gray resumes today at 9AM (held over from Friday because of time taken by police & their lawyers).

The final witness is VPD Superintendent Shelley Horne.

Livestream
www2.gov.bc.ca/gov/content/li…

#JusticeForMylesGray

VPD Supt Shelley Horne

Currently Personnel Services.
Policy and procedures.
Notebook policy updated in 2016. 5 page policy from 1/2 page prior.

Discusses why notes are important. Aid memory, detail evidence.

Issue of Charter rights of suspects.

How to store notebooks.

Policy on general occurrence reports.
Types of incidents.
How to do them.

Subject behavior report.
Required when officers use force.
Equipment and/or tactics.

Must be done within 48 hours, unless extension.

Police Act.
Part 11. Complaints.

Serious harm or death. Iio required

Criminal stream and disciplinary stream.

Other police agencies investigate the home agency on misconduct complaints under Police Act.

Cops investigate cops.

Section 110 of Police Act.
Temporary reassignment or suspension while investigation goes on.

Senior officer makes

Decision.

Body cams. VPD's perspective.
Don't have full program. Pilot project by fall.

150 Frontline officers, 6 to 9 months then evaluation.

Donaldson.
VPD 2015 policy on notes?

She has seen 2001 and 2016 policies. Not sure if updated between.

2001 policy. Members shall

Keep a daily written record of their activities.

Doesn't get into details what needs to be in there.

She's not sure how members would have interpreted it.

Q. Supreme Court made it clear in 2013 what police officers need to do regarding notes.

You would expect your officers

To do this.

She equivocates.

Joseph.
Supreme Court case. Are you aware of 2020 Court of appeal BC case.

Rintoul case.

IIO guidelines.

A. Hasn't reviewed IIO guidelines in great detail.

Q. Only 1 paragraph speaks to what should be in a notebook.

Mostly date, weather (?)

Joseph referring to 2001 policy.

Now provincial guidelines for subject officer report.

A number of officers and cop policy people gave evidence about processes after critical incident.

Cops were taken to hospital then to VPD station. Then 7th floor. Sent home.

No PRIME access

At home.

Donaldson. Not everyone said this.

Joseph. What is entered into PRIME.

A. Statement could be put in prime later.

New policy. Electronic notes instead of written if done timely.

Joseph. In critical incident cops might be home for a period of time.

Process not

Feasible to submit within 48 hours.

A. Could be challenging. Some officers could submit prime from home.
Less so in 2015.

Q. Concern around upload to prime.
Thinks disclosing prime uploads to Crown is problematic.

Donaldson objects. This is far afield.

Joseph. Thinks it

Appropriate.

Coroner seems to want to allow the line of questioning. As always has when cop counsel wants something.

This witness can't speak to IIO actions.

McKnight now pushing for it. Coroner's counsel against it.

Coroner asks Joseph to rephrase question.

Pro-cop Coroner.

Joseph. Documents uploaded into PRIME. Suggests that these can be used in criminal investigation so this could be problematic for subject officers.

A. She says no, they have an obligation to document the information.

Q. Confusion and fear in cops about the process.
One size fit

All process is not reasonable for officers.

Serious cop whining here.

A. Officers have to make notes in timely fashion.

Juror 1.
Q. Body cam standards. Audio not required. Asks if audio will be enabled.
A. Still in process of procurement for supplier. Understand will have audi

Q. Does policy tell officers not to listen to people telling them not to take notes.
A. No.

J2
Not aware of officers not taking notes since.

Police Act investigation now.

Timing for investigations. Should occur 6 months from time it begins. Can be extensions.

She can't speak to current case because of ongoing investigation.

J3
Q about VPD's updating of policies.

J4
None.

J5
Q. Extension reasons.
A. New evidence, more witnesses. Witness unavailable. Number of reasons. Case dependent.

Coroner.
Are disciplinary investigations

Delayed by criminal investigation by IIO.

OPCC waits for conclusion of criminal investigation.

OPCC would initiate then suspend. Stops the 6 month clock.

PRIME. Some officers access from residence.
A. Not sure how common in 2015.

Q. Can officers be given limited access.

A. Not an expert in prime.

Q. Body cams. Any concerns about privacy issues.
A. Lot of concerns. Planning and research working on this.

Testimony ends.

Coroner inquest submits Dr Orde medical cause of death statement. Exhibit 14.

Recommendations from previous inquests provided

To jury to show how they should format recommendations.

Coroner Summary to jurors.

Forever son is Juror 3.

No findings of legal responsibility.
Must not find blame of any organization or agency.

Mist include name, age, time of death of deceased.

Location of death.
Cause.

Need to address classifications of death.

Natural death
Accidental death. Unintentional
Suicide
Homicide. Neutral term.
Undetermined

May provide recommendations
Must be reasonable practical, achievable

Must be directed to appropriate agency or agencies.

Recommendations are not required.

Disregard outside influences.

Examples are provided.

Try to be unanimous. If not, majority will suffice.

Inquest will be reconvened and foreperson will read verdict.

Inquest reconvenes when they have reached verdict.

Inquest resumes at 4:46.

Verdict voted for by 4 members.

Foreperson reads it.

Findings (beyond date, time, etc).

Cause in accordance with forensic pathologist

Classification of death: Homicide

Recommendations

Body cams with audio capabilities

Review enhance deescalation

Step back and reassess methodology.

Communication practices for multi officer engagements

Review policy on retention of toxicology samples. More than 6 months.

Concludes.
Jury discharged.
Inquest closed.