Berg death a homicide, jury rules

Jeff Berg Inquest - Latest developments

September 2004

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After hearing some four weeks' of testimony, a five-person coroner's jury has classified Jeff Berg's death in police custody as a homicide and has delivered a series of recommendations to the Vancouver Police Department. The jury heard testimony that on October 22, 2000, Jeff Berg, 37, a healthy man with no previous criminal record and unimpaired by alcohol or drugs, was surrendering to police when he was knocked to the ground and kicked repeatedly as he lay motionless. Two police officers then handcuffed him, dragged his inert body across the pavement and left him prone and unattended for about ten minutes. When paramedics arrived, they found Mr. Berg face down with his hands cuffed behind his back. His heart had stopped and he was not breathing. The paramedics restored a pulse and transported him to hospital, where he remained on life support until he died on October 24, 2000.

At the time, the Berg family was not immediately informed of Jeff's condition and, although the VPD holds daily morning media briefings, police spokesperson Anne Drennan did not tell the media of the incident for three days. Although the family was promised a coroner's inquest in November, 2000, one was not convened until June 24, 2004, after Berg family lawyer Cameron Ward had petitioned the Supreme Court of British Columbia. Regional Crown Counsel notified the Berg family in December, 2002 (26 months after Jeff's death) that no charges would be laid. Crown Counsel based its decision on an internal VPD investigation that was characterized by Dana Urban, Q.C., a former prosecutor now employed by the Police Complaint Commission, as "incompetent at best".

This case raises a host of questions: Was there a cover-up? Should the police investigate themselves? Is the BC Coroners Service truly independent of the police, especially since the Coroners Service and the VPD work together on about 500 files a year? Why didn't Crown Counsel (who also work routinely with the police) lay charges in this serious matter?

The Coroner's Inquest into the death of Jeff Berg resumed on Monday, August 9, 2004 after an adjournment of several weeks. Prior to its resumption, the family made an application to the Supreme Court of British Columbia for funding assistance from the provincial government. Mr. Justice Shabbits has reserved judgment on the application.

On August 9, 2004, a use of force expert (Cst. Kelly Keith of the Victoria Police Department) testified that if the incident occurred as the civilian eyewitnesses testified it did, then Cst. Bruce-Thomas used excessive force and committed a criminal act.

Later that day, forensic pathologist Dr. Laurel Gray testified that Berg's three principal facial injuries were consistent with kicks being inflicted, likely while he was unconscious on the ground. She testified that the fatal injury was a blow to Berg's neck, likely caused by a punch, open hand or a kick. Her autopsy report, which was not allowed into evidence by the Coroner, listed multiple traumatic injuries to Berg's head, neck, torso and extremities.

Cst. Bruce-Thomas, the other participant in the "altercation", earlier testified that he was not injured in any way - no scratches, bruises, etc.

On Tuesday, August 10, 2004, the Inquest heard from one of the other occupants of the vehicle stopped by Cst. Bruce-Thomas. Stephen Morrison testified that he saw an officer strike Berg from behind with an overhand blow, causing him to collapse to the ground. At the conclusion of his testimony, the jury foreman started to ask a question but was interrupted by Coroner's counsel John Bethel, prompting an angry outburst from the juror and an adjournment of the hearing.

On Wednesday, August 11, Berg family lawyer Cameron Ward left the hearing with the approval of his clients, citing the untenable and unfair nature of a system that provided no funding for the deceased's family's legal representation. Julie Berg will represent the family until the Inquest concludes, probably by Friday.

The Inquest continues.