Sunday, March 19, 2017

----“Please come forward to the IIO and tell them your truth about this story, because as a family, we’re broken and fractured,” Gray said. “This just makes a really horrifying component to his death. It would be really good to resolve his investigation, pack it away, and move on with healing our lives.”-----------The grieving family of Myles Gray are caught in a standoff between Vancouver police officers and B.C.’s independent police watchdog, causing a painful delay in the investigation into their son’s 2015 death.--------“I’m in shock to find out that is what the holdup is,” Margie Gray, Myles’s mother, told Postmedia. Myles died on the afternoon of Aug. 13, 2015, in the backyard of a house on Joffre Avenue, just east of Boundary Road, in Burnaby. He had been pursued there from the 3600 block South East Marine Drive in Vancouver by as many as six Vancouver police officers, following a complaint of a “distraught man causing a disturbance,” an official statement from the Vancouver Police Department would later say. Initial attempts to arrest him resulted in Myles becoming “agitated.” More officers were called in, pepper spray was used and, eventually, a “physical altercation” broke out.----------


All concerned in this investigation should act professionally and humanely to provide answers to the family.
It's ridiculous that police officers would refuse to provide answers to an investigation by an oversight body; they should be compelled to do so.

The grieving family of Myles Gray are caught in a standoff between Vancouver police officers and B.C.’s independent police watchdog, causing a painful delay in the…
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http://www.theprovince.com/news/local+news/family+myles+gray+caught+spat+between+vancouver+police/13147434/story.html


Family of Myles Gray caught in spat between Vancouver police, independent watchdog

BETHANY LINDSAY(Vancouver Sun)
Published: March 18, 2017
Updated: March 19, 2017 7:15 PM
Filed Under:
The Province > News > Local News
031717-PRV_0310N_mylesgray_145-0319_myles_gray-W.jpg
Margie and Mark Gray hold a picture Thursday, March 10, 2016 of their son Myles Gray, who was killed by VPD in August of 2015 under suspicious circumstances.JASON PAYNE / VANCOUVER SUN
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Global News August 13 2015 - Police went to Joffre Avenue and Marine Drive, near the Vancouver-Burnaby border, after a report of a distraught man. Myles Gray, 33, of Sechelt died during a struggle with officers. / VANCOUVER SUN
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Undated Facebook photo of Myles Gray. / VANCOUVER SUN
The grieving family of Myles Gray are caught in a standoff between Vancouver police officers and B.C.’s independent police watchdog, causing a painful delay in the investigation into their son’s 2015 death.
Vancouver Police Union president Tom Stamatakis said the officers involved in the fatality are not giving further statements because they claim they’ve been denied access to crucial information by the Independent Investigations Office of B.C.
“I don’t have confidence in the IIO in terms of how they treat police officers, who are doing exactly what the public expect of them in most cases,” Stamatakis said.
The IIO states the investigation has gone on longer than usual — more than 19 months — because of issues that “are outside of our control and are largely legal issues.” Of the deadlock with police, spokesman Aidan Buckley wrote: “Naturally we do have different positions on certain issues but we are working within existing frameworks to resolve them in a way that is respectful and maintains the public’s confidence in the independent oversight process.”
“I’m in shock to find out that is what the holdup is,” Margie Gray, Myles’s mother, told Postmedia.
Myles died on the afternoon of Aug. 13, 2015, in the backyard of a house on Joffre Avenue, just east of Boundary Road, in Burnaby. He had been pursued there from the 3600 block South East Marine Drive in Vancouver by as many as six Vancouver police officers, following a complaint of a “distraught man causing a disturbance,” an official statement from the Vancouver Police Department would later say. Initial attempts to arrest him resulted in Myles becoming “agitated.” More officers were called in, pepper spray was used and, eventually, a “physical altercation” broke out.
Gray said she still doesn’t even know the cause of Myles’ death, but she knows that he was unarmed and with no criminal record or history of mental illness. She met with top IIO officials last week, and learned that investigators haven’t found a single independent witness to what happened between her son and police.
“There’s not one public witness, there’s not one videotape, there’s nothing. From my viewpoint, this is why this is happening,” she said.
Doug King, a lawyer with Pivot Legal Society who is also a member of the IIO’s external advisory group, said he’s watched the relationship between Vancouver police and the watchdog deteriorate for a few years. He believes the turning point was the investigation into the 2014 police shootout with Gerald Battersby at Science World, a case where the IIO forwarded a report to Crown counsel but no charges were approved.
“Now it’s kind of descended into a full-scale conflict over whether the VPD will cooperate with the IIO,” King said.
Stamatakis alleged that the watchdog changed its approach to interviews with police around the time of that investigation. Then and now, he claims, the officers involved have not been allowed to see all of the notes, radio transmissions and reports they generated at the time of the incident to refresh their memories before they speak with IIO investigators.
However, Buckley wrote in an email that, “It is our practice to provide officers with their own notes and any information they created prior to interviews.” He qualified that by saying officers would not have access to information that would “undermine the integrity of the investigation.”
B.C.’s Police Act requires officers to “cooperate fully” with IIO investigations, but what that actually means is laid out in a non-legally binding memorandum of understanding between the watchdog and police forces.
Altogether, six Vancouver police officers were on the scene when Myles died, which appears to have complicated things further for investigators. Without independent witnesses, it may be difficult for the IIO to determine which officers were actually involved in Myles’s death, and the union says that officers have been re-designated since the investigation began.
“We don’t have a situation here where somebody pulled the trigger. We have a situation where multiple officers were using force against him. It might be hard to point the finger and say this is the officer responsible for his death,” King said.
In King’s mind, there are two options for resolving the current impasse. The first is for the province to step in and re-write the Police Act so that it spells out officers’ responsibilities for cooperation and gives the IIO legal power to hold them to those responsibilities. That would also mean setting out clear protections for police witnesses so that their statements aren’t used against them.
Alternatively, he believes that Crown prosecutors could choose to simply charge the officers involved, essentially compelling them to defend their use of force.
That waiting has been excruciating for Margie Gray, who is pleading with the police officers involved to speak with investigators and give her family some closure.
“Please come forward to the IIO and tell them your truth about this story, because as a family, we’re broken and fractured,” Gray said. “This just makes a really horrifying component to his death. It would be really good to resolve his investigation, pack it away, and move on with healing our lives.”
blindsay@postmedia.com
Twitter.com/bethanylindsay


Julie Ali ·
I have been following this story and it must be a very sad situation for this family.

I see no reason why any of these police investigations take so long.

In the case of the boy who was Tasered in BC the investigation by the oversight body took from 2011 to 2017 which is ridiculous since the boy was only holding a pencil and the police thought it was a weapon.

https://www.crcc-ccetp.gc.ca/.../chairpersons-final...

Chairperson's Final Report after Commissioner's Response Regarding the Use of a Conducted Energy Weapon on an 11 Year-old Boy in Prince George, B.C.
The use of the CEW was reasonable given the imminent risk of grievous bodily harm presented by the youth's behaviour; however, the age of the young subject prompted the public to critically examine the incident. It is important to note that age is but one variable to be assessed when considering the risk presented by a given situation. In this case, given the behaviour exhibited by the youth and the high degree of inherent risk, the members acted reasonably and in accordance with the training, statutory requirements and policies in place. While it is clear that the RCMP's national operational policy in respect of the CEW does not restrict the use of the intermediate device based on age of the subject, this is not the first public complaint that engaged this factor of concern
******
This particular report took too long and was not useful. i don't agree with the conclusions. I think the police should not have used the Taser on this kid.

It may be that the Independent Investigations Office of B.C. will also fart around for years and then produce a pointless report.
I find that these oversight bodies don't actually provide value for the money spent on them.
But they are all we have as citizens.

This family needs answers to why 6 police officers were involved in the death of their son; these answers should be provided promptly.

#justiceformylesgray

https://www.facebook.com/JusticeforMylesGray/
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Herb Maier ·
Circling the wagons are we? Disclosure so we can have police statements match the forensic evidence. Time to amend the Police Act to ensure a credible process.
LikeReply1 hr
Nelson McDonald
What a frickin joke
LikeReply5 hrs

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