Seven Vancouver police officers who were present when Myles Gray was beaten to death in August 2015 will face a public hearing into their conduct, B.C.'s police complaint commissioner says.
A statement issued Wednesday by Commissioner Prabhu Rajan said Gray died after police responded to a 911 call and used "significant forced to subdue and restrain him."
A coroner's inquest heard Gray, 33, had severe injuries, including ruptured testicles and fractures in his eye socket, nose, voice box and rib.
He died of a cardiac arrest, complicated by "neck compression," use of pepper spray, blunt force injuries and being forced onto his stomach while he was handcuffed behind his back, the inquest heard.
Police had been called about a report that a man had confronted a woman about watering her garden during an extended drought.
The statement from Rajan said the alleged misconduct is serious and there is "meaningful uncertainty as to what happened" that day.
"In such circumstances, it is appropriate for the public to know that the best available evidence has been gathered, tested, and considered before a final decision is made.”
The jury at the inquest last year classified Gray's death as a homicide, though the coroner noted it was a neutral term that doesn't imply blame.
An external disciplinary process led by Delta, B.C., Police Chief Neil Dubord wrapped up in October, finding seven officers did not commit misconduct leading up to Gray's death.
However, Dubord noted the framework for discipline proceedings under the Police Act has "inherent limitations that restricted the testing of evidence," and there were "discrepancies and inconsistencies" in the officers' statements that had not been subjected to cross-examination.
The commissioner said the public hearing would help in "better understanding the truth of what happened and would allow for the best available evidence to be presented and tested in a transparent way before an independent adjudicator."
Retired B.C. Supreme Court justice Elizabeth Arnold-Bailey has been appointed to adjudicate the proceedings, and the office says it will be her responsibility to determine whether the officers involved in the beating committed misconduct.
"It is not limited to the evidence and issues considered during the discipline proceeding. Witnesses may be called and subjected to examination and cross-examination," the statement said.
Dates for the public hearing have yet to be determined, but the commissioner's office said it will begin at the earliest possible date.
