The hearing that began in January but has been repeatedly delayed is meant to determine if Birzneck or six other officers intentionally or recklessly used unnecessary force in the altercation with Gray.
Birzneck is the first to testify among the officers, all of whom deny wrongdoing in the incident.
He's told the Office of the Police Complaint Commissioner hearing in Vancouver that he filled out the "subject behaviour officer response" report to suggest there was no sign Gray would have co-operated with police.
Birzneck, whose testimony began on Tuesday, says he checked boxes on the form to indicate "pre-assault cues" from Gray, including a "thousand-yard stare," clenched fists, non-compliance and spitting.
He also says Gray displayed "incredible strength" and seemed "impervious to pain."
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.
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.
At least three of the other officers involved in Gray's deadly arrest are scheduled to testify, including constables Beau Spencer, Nick Thompson and Josh Wong.
This report by The Canadian Press was first published Oct. 14, 2026.
Copyright 2026, The Canadian Press. All rights reserved.
