A Vancouver police officer involved in the violent 2015 arrest in which Myles Gray died says the man displayed bouts of strength “like the Hulk,” letting out a “war cry” and charging at him.
asserted
man → involve → him
Const. Eric Birzneck said when he first tried to speak to Gray that day in August of 2015 the man was pacing and muttering that “the Charlies are coming.”
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Charlies → say → 2015
Birzneck testified Tuesday at a hearing launched by the Office of the Police Complaint Commissioner meant to determine if he or six other officers intentionally or recklessly used unnecessary force in the altercation with Gray.
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he → testify → Gray
The officer told the hearing that he initially thought Gray had used drugs, was having a mental-health concern or possibly a combination of both.
uncertain
Gray → tell → both
Birzneck said he tried to reassure the man that the “Charlies” weren’t coming but his demeanour changed, and Gray said something to him like “that badge doesn’t mean anything,” and charged at him.
Birzneck said he deployed pepper spray and while it did slow Gray down, it didn’t incapacitate him
“I believed he was going to try and assault me,” Birzneck said.
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Birzneck → say → me
Recordings played at the hearing included Gray shouting in the background in what the officer described as “a war cry, almost.
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officer → play → cry
He’s highly agitated.”
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He → ’ → ?
The hearing was told that three officers at the scene tried to get Gray into handcuffs but he fought them.
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he → tell → them
Gray tried to tackle him at one point, Birzneck said.
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Birzneck → try → point
“I can’t let him get me to my back ….
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him → let → back
If he tackled me and got me on my back it would not be good for me,” the officer said.
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officer → tackle → me
They wound up under a tree with Birzneck straddling Gray’s hips and trying to control one arm, another officer holding the other arm and a third officer holding his legs.
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Birzneck → wind → legs
Gray was growling and spitting and would periodically “power up” finding strength to try and move, he said.
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he → growl → strength
When more officers arrived, Grey continued to be violent, Birzneck said.
“He never attempted to comply.
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He → arrive → ?
He didn’t try to run from us.
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He → try → us
He always engaged us.”
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He → engage → us
A police disciplinary process previously determined none of the officers committed misconduct, and no charges have been laid over Gray’s death, which a 2023 coroner’s inquest ruled was a homicide, a term that does not assign legal blame.
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that → determine → blame
The inquest heard that Gray was left with injuries that included a fractured eye socket, a crushed voice box and ruptured testicles, while a paramedic told the inquest that Gray’s bruising was so severe, he initially thought he was not a white man.
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he → hear → inquest
Recordings of police radio traffic in the lead-up to Gray’s death were played Tuesday.
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Recordings → play → death
The audio includes officers being told that someone had complained about a person spraying their mother with water and an officer later reporting that the person was “acting a little aggressive,” and asking for “hurry-up cover,” meaning other officers should arrive quickly.
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officers → include → cover
Birzneck is the first of the respondent officers to testify at the hearing, which opened in January but has experienced a series of delays.
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which → testify → delays
At least three of the other officers involved in Gray’s deadly arrest are scheduled to testify: constables Beau Spencer, Nick Thompson and Josh Wong.
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three → involve → arrest
Birzneck spent much of his early testimony on Tuesday discussing his use-of force training and experience.
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Birzneck → spend → training
He said he had never used his baton or pepper spray on another person before the altercation with Gray on Aug. 13, 2015, noting that he hit Gray two or three times on the leg with his baton.
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he → say → baton
Birzneck said he received training in the use of a baton, the use of the spray, and “vascular neck restraint” and he had previously been a use-of-force instructor when employed by the Canada Border Services Agency.
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he → say → Agency
He told the hearing that he tried twice to put Gray in the restraint and that while the first attempt didn’t have an impact, Gray responded to the second attempt by reaching up, but didn’t lose consciousness.
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Gray → tell → consciousness
He did not cut off Gary’s air supply and didn’t feel like he was restricting Gray’s ability to breathe, he said.
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he → cut → ability
Birzneck testified that trained officers know how to do the restraint with proper alignment and can tell if the restraint is cutting off oxygen if the person is coughing.
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person → testify → oxygen
He said he believed he could safely apply the restraint if required.
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he → say → restraint
Other attempts to get the situation under control had not worked.
“We need to end this immediately,” he said.
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he → get → this
“We need to get him into custody.”
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We → need → custody
Birzneck’s lawyer Greg Cavouras started the day by telling adjudicator Elizabeth Arnold-Bailey that it was Gray who drove the outcome of the altercation and that his client tried to defuse a dangerous situation and only used force he reasonably thought necessary.
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he → start → force
He said Gray’s “cardiac event” occurred approximately 15 minutes after Birzneck’s last contact with the man.
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event → say → man
This report by The Canadian Press was first published Oct. 13, 2026.
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report → publish → Press
This is a corrected story.
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This → correct → ?
A previous version identified Birzneck’s lawyer as Mike Shirreff.
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version → identify → Shirreff
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