Officer tells Myles Gray hearing he used no excess force and did not lose control

A Vancouver police officer involved in the 2015 arrest of Myles Gray, which ended with Gray’s death, says he never used more force than was needed to control him and never lost control of his emotions. At a hearing into Gray’s death, Const. Eric Birzneck discussed a police form he completed after the incident. He told his lawyer, Greg Cavouras, that he had never experienced a more intense struggle in his career.

The hearing began in January and has been delayed repeatedly. It is meant to determine whether Birzneck or any of six other officers intentionally or recklessly used unnecessary force in the altercation with Gray. Birzneck is the first of the officers to testify. All seven deny wrongdoing.

Birzneck told the Office of the Police Complaint Commissioner hearing in Vancouver that he completed a “subject behaviour officer response” report to indicate there was no sign Gray would co-operate with police. His testimony began Tuesday. He said he checked boxes for “pre-assault cues” from Gray, including a “thousand-yard stare,” clenched fists, non-compliance and spitting. He also described Gray as displaying “incredible strength” and seeming “impervious to pain.”

A previous police disciplinary process found that none of the officers committed misconduct. No charges have been laid in connection with Gray’s death. A 2023 coroner’s inquest ruled it a homicide, a term that does not assign legal blame.

The inquest heard that Gray had a fractured eye socket, a crushed voice box and ruptured testicles. A paramedic told the inquest Gray’s bruising was so severe that he initially thought Gray was not a white man.

At least three other officers involved in the fatal arrest are scheduled to testify: constables Beau Spencer, Nick Thompson and Josh Wong. The Canadian Press first published this report on Oct. 14, 2026.