Police restraint of Myles Gray a factor in his death, forensic pathologist testifies

The forensic pathologist who autopsiedMyles Gray's body after he was beaten by Vancouver police in 2015 said he determined a "perfect storm" of factorsled to his death, primarilyextreme stress on his heart and lungs as well asofficers having forcefully restrainedhim on the ground.

Dr. Matthew Orde told a coroner's inquest on Thursday hedesignated Gray's cause of death as "cardio-pulmonary arrest" complicated by police officers who caused multiple blunt-force injuries, compressed his neck, pepper-sprayed him, handcuffed him behind his back and forcibly held him on his stomach.

"I don't think he would've died when he did, had it not been for the police interaction on that day," said Orde, testifying as an expert witness.

"The fact Gray was forcibly held in a prone position would've likely contributed to his demise."

Orde said witness accountsled him to believe Gray, 33, was potentially experiencing an "acute behavioural disturbance" because he was acting strangely the day he died but rejected excited delirium as a cause of death.

"I'm not persuaded there's any good evidence to suggest excited delirium syndrome can bring about death," he said, referring to a contentious term describinga state of agitation andoften cited in police-related deaths.

Orde's testimony comes on the penultimate day of a coroner's inquest examining Gray's death in a Burnaby, B.C., backyard in August2015. The inquiry can't make findings of legal responsibility, but the jury is tasked with making recommendations to prevent similar deaths.

Melissa Gray, Myles Gray's sister, said the pathologist's testimony provided her family with moreclarity around how Graydied.

"I want the world to know the truth came out today," she said, speaking outside the coroner's offices Thursday.

Sitting in the gallery Thursday, the family saw autopsy photos of Gray'sface and head as their lawyer,Ian Donaldson, held them during his questioning of Orde.Melissa Gray and her mother, Margie, said they were angered to learn the photos would not be submitted as exhibits for the jury to see.

"We saw a glimpse of those photos, and he is unrecognizableunrecognizable. It's intensely traumatizing, and they're standing up because they do not want these photos even shown to the jury," said Margie Gray, referring to lawyers for the police department.

"Now I wonder why that is?"

Ordetold the jury Gray's heart and lungs would've been working overtime as police held him to the ground with his hands handcuffed behind his back. The pathologist said data shows "quite clearly" that people who are forcibly restrained in that "prone" position are at greater risk of dying.

He said a handcuff was still around Gray's wrist at the time of his autopsy three days after he died.

The inquest has heard from police officers, firefighters, paramedics, 911 callersand a toxicologist who spoke about Gray. Police, who were the only witnesses to the man'sdeath, have said hewas erratic, unusually strong and resisting arrest even after officers exerted force.

Other first responders contradicted police testimony that Graywasn't visibly injured by saying he was bruised and bloodied when they arrived. One advanced life-support paramedic said he did not realize Gray was a white man because of the extensive discolouration of his skin.

On Wednesday, atoxicologist with the B.C. Centre for Disease Control saida natural stimulant cited by Crown prosecutors as a potential cause of Gray's death can't be definitively confirmed as having actually been in his systemat all.

Aaron Shapiro said an initial toxicology screenfound Gray'sbloodmight have contained mitragynine, also known as kratombut said hechanged the final report before testifying after examining a secondanalysis thatshowed there was only asmall quantityof the drug present, if any.

Police officers involved in Gray's death told the inquest they perceived himaseither intoxicated, high or using steroids on account of his behaviour, strengthand unresponsiveness to pain as he was beaten.

He said aninitial toxicology screenfound no traces of alcohol, opioids or hallucinogens in Gray's blood. Itdid find the potential fortetrahydrocannabinol, or THC, but Shapiro said thesecond confirmation test was never done.

THCis the primary psychoactive substance found in marijuanaand can stay in the body for weeks.Shapiro said Wednesday the drug"would not lead to" the behaviour police described.

Gray's sister and physician previously told the inquest he had been diagnosed with bipolar disorder as a teenager around 1999 but was believed to have been stable since.

All of the officers who testified during the inquest have used similar language to describe Gray's"threatening" behaviour toward police during the struggle to restrain him.

They said Gray continued fightingafter being pepper-sprayed, punched, kneed, kicked, struck with batons and placed in a chokehold. Several said he appeared as though he was on testosterone.

Shapiro said the lab screened for several anabolic steroids but did not find any such substances, though he noted testing of the day wasn't capable of detecting every steroid on the market.

Grayhad been in Vancouver making a delivery to a florist's supply shop as part of his Sechelt, B.C.-based business operations. Police were initially called after residents reportedan agitated man had sprayed a woman with a garden hose.

Four police officers and a paramedic have told the inquest they believed Gray was experiencing"excited delirium."