Police watchdog files petition to make Vancouver Police cooperate with investigation

Myles Gray died after . Global News

B.C.’s police watchdog is filing a petition in Supreme Court to compel Vancouver police to cooperate in a two-year-old probe into the death of a 33-year-old man.

Myles Gray died following an altercation with VPD officers in August 2015 near Boundary Road.

READ MORE: UPDATE: Man dead after Vancouver Police altercation identified

Officers had requested to review the material from the day of the incident before being interviewed, but the Independent Investigations Office (IIO) refused.

“A witness officer, who has a duty under the Police Act to cooperate fully with the IIO, has refused to attend for a second interview,” reads a release from the IIO.

“In this case, the officer, through her legal counsel, is imposing conditions on the IIO prior to a second interview. The IIO does not agree to those conditions.”

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WATCH: Myles Gray’s family still searching for answers and justice

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Myles Gray’s family still searching for answers and justice

The IIO says it’s seeking assistance from the court to resolve the matter.

“A lack of timeliness in these investigations certainly has consequences,” said Martin Youseff with the IIO.

At the time of Gray’s death, police were responding to a report of “a distraught man causing a disturbance.”

In a civil suit filed by Gray’s family, they claimed Gray was taking a break from his delivery job when officers approached him.

READ MORE: Independent police watchdog seeks witnesses in fatal confrontation in Burnaby

The family alleged officers at the scene wrongfully killed their son by beating him to death, adding that police was unlawfully blocking the IIO’s investigation – allegations that have yet to be proven in court.

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Gray died and six officers were injured during the violent scuffle as police tried to make an arrest.

Other cases at odds

This is not the only incident in which the IIO and the VPD are at odds.

Earlier this year the IIO took VPD’s chief and seven officers to court claiming they had failed to cooperate with the investigation into the death of Daniel Rintoul.

READ MORE: Police watchdog takes VPD chief and officers to court over Canadian Tire shooting probe

Rintoul was shot dead outside a Canadian Tire on Nov. 10 last year after allegedly taking a customer hostage.

During that investigation, the union representing VPD officers wanted the right to review video of the incident before being interviewed, a request that was also denied by the IIO.

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