Police lawyers quiz use-of-force expert on de-escalation at Myles Gray public hearing

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This article was published 13/03/2026 (188 days ago), so information in it may no longer be current.

VANCOUVER – Lawyers for Vancouver police officers whose actions are under review in the death of Myles Gray have challenged a use-of-force expert’s assessment of the confrontation, saying if the man was charging and let out a roar at officers that their actions would have been appropriate. 

Police trainer Michael Massine wrote a report about the arrest and death and testified this week that the police officers involved in restraining Gray showed a complete lack of awareness about the fatal impact of their actions.

Lawyers for three of the officers suggested their clients responded correctly in assessing Gray’s behaviour as “assaultive,” making it appropriate and reasonable for them to respond with force under the national use-of-force framework used by Vancouver police. 

A police radio call of that day in August 2015 was played during the hearing on Friday where someone says “he’s challenging us” and “he seems very toxic or very high.” Toward the end of the call, someone can be heard shouting “hey, hey,” while another person appears to let out a loud yell or scream. 

Massine, who earlier testified that police had missed de-escalation chances, agreed with Brad Kielmann, a lawyer for Const. Hardeep Sahota, that she had tried to calm the situation. 

Sahota retreated to a police van during the fatal incident that left Gray with numerous injuries, including a fractured eye socket, a crushed voice box and ruptured testicles. 

Police had originally been called to a complaint of a man who sprayed a woman with water from a garden hose. 

Mike Shirreff, a lawyer for Const. Eric Birzneck, also suggested his client had attempted de-escalation techniques.

The hearing called by the Office of the Police Complaint Commissioner of B.C. is looking into the actions of seven Vancouver officers in Gray’s death and adjourned Friday for more than six weeks. 

Lawyers for the Vancouver officers didn’t complete their cross-examination of Massine, so he’ll be back to testify when the hearing resumes. 

Massine had told the public hearing on Wednesday that if the officers tried to initiate a conversation with Gray, it “might have led the incident down a different path.”

Shirreff asked Massine that if the “roar” heard at the end of the call came from Gray and happened as he was charging at Birzneck, Gray would be considered “assaultive” under the national use of force framework.

“If he’s charging and screaming, yes,” Massine said. 

Shirreff again asked that if Gray roared but didn’t charge, there were still “pre-assaultive cues” identified by the officers that would support the use of force against Gray. 

“It could be, yes,” he said. 

Christine Joseph, a lawyer for Const. Kory Folkestad, asked Massine if Gray’s behaviour shortly before the altercation as described by Folkestad— such as yelling, tensed muscles, clenched fists and the “roar” — could be considered a “cluster” of behaviours that indicate an impending assault. 

Massine agreed but said, “the training piece in my mind that’s not being followed are the principles to assist somebody that they suspect is an excited delirium,” referring to to a non-scientific term that describes someone in a state of agitation and distress.

None of the seven officers whose actions are being called into question at the hearing has testified so far and it is not known if they will.

Over the past three weeks, the hearing has heard from witnesses including other police, paramedics and forensic experts.

A paramedic testified that police had used “lateral neck restraint” on Gray before his death, while another said Gray’s injuries looked like he had suffered a hanging.

Another Vancouver officer who is not among those facing investigation said Gray was restrained face down by other police, while Gray’s doctor said his patient, who had bipolar disorder, had been using “black market” steroids.

This report by The Canadian Press was first published March 13, 2026.