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Jeffrey Berg
Vancouver cop cleared
in Berg death
CBC, Jan 21, 2005
VANCOUVER - An adjudicator
with the B.C. Police Complaints Commission has ruled a Vancouver
police constable did not use excessive force the night Jeffrey
Berg died.
The 37-year-old Berg died after
being taken into custody in October 2000, for a suspected break-and-enter.
An autopsy revealed he had
received eight blows to the head, and had boot marks on his face.
He suffered an aneurysm and
a heart attack as the result of a blow to the neck, and died
in hospital several days later.
The conduct of Const. David
Bruce-Thomas, the first officer on the scene, was the focus of
a hearing ordered by the Complaints Commission.
He testified he was the only
officer at the scene, and had ordered Berg to remain in his car
and that when Berg did not comply, he tried to kick him
several times.
The commission dealt with the
issue after Berg's sister, Julie Berg-Wyman, filed a formal complaint
alleging excessive force.
She says Friday's ruling is
an "absolute shock" to her, and that she plans to continue
her "fight for justice" for her brother.
"This goes to show a complainant
in the province of British Columbia who has a complaint against
a Vancouver police officer hasn't a hope in getting a conviction
failing having a video of the assault."
Berg-Wyman notes several people
witnessed the incident: "A grievous assault on an unarmed
man who was not moving, who was frozen like a statue, who was
surrendering, waiting to be handcuffed."
But adjudicator Brian Weddell
found the witness statements did not provide "clear and
cogent" evidence of excessive force.
He ruled that force was reasonable,
given the officer believed he was dealing with an armed home
invasion suspect.
Berg-Wyman complains that the
four-year long investigation has focused on her brother, instead
of the officer who's actions led to her brother's death.
Later on Friday, Vancouver
Police Chief Jamie Graham spoke out about the case, accusing
Berg-Wyman and other critics of "waging a public campaign
against the department and Constable Bruce-Thomas.
"Their campaign has been
peppered with half truths and vicious accusations."
"While we continue to
sympathize with the grief the Berg family has experienced with
this loss, we also greatly sympathize with Constable David Bruce-Thomas,
and the trauma and anxiety that he and his family have suffered
as the result of years of investigations, and the seemingly endless
media coverage that's parroted every attack on his character
and professionalism."
"While we continue to
sympathize with the grief the Berg family has experienced with
this loss, we also greatly sympathize with Constable David Bruce-Thomas,
and the trauma and anxiety that he and his family have suffered
as the result of years of investigations, and the seemingly endless
media coverage that's parroted every attack on his character
and professionalism."
Excessive-force complaint
revised
CBC, Sep 13, 2004
VANCOUVER - The Police Complaints
Commission has altered the allegations against a Vancouver police
officer in connection with the death of Jeff Berg.
The 37-year-old Berg died while
being arrested four years ago during a suspected home invasion.
The Commission is trying to determine whether Const. David Bruce-Thomas
used excessive force while arresting Berg in October 2000.
The original complaint contained the phrase "causing the
death." But Police Complaints Commission lawyer Dana Urban
says the phrase is unnecessary and the complaint has been amended.
"Those words do not appear
in the act itself," he says. "All that is necessary
is to determine whether or not David Bruce-Thomas abused his
authority by using unnecessary force."
"Unlike Criminal Code
provisions, where death is part of the section, those words do
not appear under the Police Act."
But Jeff Berg's sister Julie
says she's shocked by the change that the phrase was crucial
to the hearing.
"That's the whole purpose
of this," she says. "The use of the force is what caused
his death in my opinion, and so I think it's crucial that be
included.
The Complaints Commission hearing
into Berg's death resumed on Monday.
Last month, a coroner's inquest
ruled Berg's death was a homicide. But coroner's juries never
assign blame.
On the other hand, the Police
Complaints Commission can find fault, and Bruce-Thomas could
lose his job if he were found to have used excessive force.
Berg's death a homicide,
says jury
CBC, Aug 13, 2004
VANCOUVER - The coroner's jury
has ruled that the death of Jeff Berg, while in police custody
nearly four years ago, is a homicide that he died as the
result of the actions of another person.
Berg died while being arrested
by Vancouver police in October 2000, for an alleged break-in
at a marijuana grow op.
An autopsy found he had sustained
eight blows to the head, including boot marks on his face. He
suffered an aneurysm and heart attack, after being hit in the
neck.
Witnesses accused police of
kicking Berg repeatedly and of using a gun butt on the back of
his head.
The Berg family's lawyer, Cameron
Ward, welcomes the jury's finding. "Jeff Berg met his death
as a result of a homicide. And it wasn't an accident, he didn't
die of natural causes.
"There was some suggestion
that the death was a fluke, that this aneurysm was a fluke. It
wasn' t that.
"And the jury if
one reads the recommendations that it listed clearly felt
that some police practices were wanting.
The jury made eight recommendations
including installing cameras on police cruisers, as well as periodic
training on the application of force.
The jury is also calling for
regular mental and psychological assessments for officers on
high-stress assignments.
The Police Complaints Commissioner
is also looking into the circumstances of Berg's death. That
review will resume next month.
Berg's sister hopes the coroner's
jury's findings will prompt the Crown to re-assess the evidence,
and proceed with criminal charges against the officer involved
in her brother's death.
Julie Berg, who has played
a prominent role in pushing for an investigation, says she feels
"vindicated" by the jury's ruling.
"The jury had a hard task
and they certainly found that the findings is what I've maintained
all along," she says. "And they were able to find those
findings throughout all of this amazing several weeks of testimony
"The jury did an amazing
job. The finding of homicide is really a victory today for Jeff
Berg," she says.
Meanwhile, Vancouver Police
Chief Jamie Graham is standing by the actions of the constable
involved that night noting that Const. David Bruce-Thomas
was on his own at the time of the arrest, and should be commended
for his actions.
"I and every member of
the department continue to support Const. David Bruce-Thomas,"
he says. "He has been on active duty throughout, and will
continue on active duty."
Graham says the officer was
responding to a 911 call about a violent home invasion, and expected
to be confronted by four armed men.
"This is the serious type
of crime our member was responding to that night. Not a traffic
stop. Not a routine call. We believe the citizens of Vancouver
have a right to know that."
Chief Graham also points to
the replica gun found at the scene, and notes a wire cord and
a pair of scissors were taken from Berg's pockets.
"There's no doubt that
he intended to tie the family up with this cord, and could well
have used the scissors as a weapon against Const. Bruce-Thomas"
"It is also important
for you to know that witnesses with close personal relationships
were well aware that Jeff Berg had repeatedly been involved in
home invasions," says Graham.
But Berg has no criminal record.
And no one has been convicted in this particular incident.
Ward worries the police chief
is setting himself up as judge and jury.
"It's not his position
to make those sorts of judgments as to what Jeff Berg may or
may not have done. The police are putting a construction on this
that suits their ends."
Police hit man from behind,
says witness
CBC, Jun 25, 2004
VANCOUVER - A coroner's inquest
into the death of Jeff Berg has heard from a woman who says she
saw Vancouver Police officers knock Berg down and hit him without
provocation.
Berg died while in police custody
in October 2000.
Sari Fujikawa lived above the
alleyway, where Berg was stopped by police for his alleged involvement
in theft from a marijuana grow-op.
Fujikawa wept as she told the
court she saw a police officer hit Berg in the neck from behind
with the butt of his gun.
She said he fell to the ground,
and crumpled up into a fetal position.
Fujikawa says police officers
then kicked and punched Berg in the head.
Berg suffered severe brain
damage. He later died after he was taken off life support
She told coroner and the five-person
jury that she didn't see Berg acting aggressively toward the
officers.
The inquest was ordered earlier
this year, but a planned Police Complaints Commission inquiry
into the man's death is yet to go ahead. ·
Berg's older brother, Glen,
says he was originally told a different story by police after
his brother died.
"They were telling us
that he just collapsed," he says. "The first few days
the story was a lot different from the police."
The inquest is expected to
resume Monday.
Public hearing ordered
after man dies in police custody
CBC, Jun 23, 2003
Vancouver - A public hearing
has been ordered to look into why a man died while in Vancouver
Police custody two years ago.
Jeffrey Michael Berg died from
a blow to the neck while being arrested for a break and enter.
B.C.'s Complaints Commissioner
Dirk Ryneveld ordered the hearing after an internal Vancouver
Police investigation failed to lay any charges.
Berg and three others were
stopped by police in October 2000 outside a marijuana grow operation.
A Web site set up by Jeff Berg's
family says witnesses allege an officer hit him near the head
with his gun and repeatedly kicked him after he had fallen to
the ground.
Witnesses also contend Berg
then went into cardiac arrest and that police refused to call
for medical help. Berg was never revived and was taken off life
support two days later.
Ryneveld says there was too
much conflicting testimony in the investigation done by the Vancouver
Police.
"Someone has died in custody,"
he said. "There were considerations about inconsistent statements
and the only way to arrive at the truth of the matter is to hold
a public hearing where the truth could be ascertained because
the witnesses will be under oath and subject to cross-examination."
Ryneveld says an officer brought
before a public hearing is held to the "civil" standard
of proof, which is based on a balance of probability and is less
stringent than the "criminal" standard, which is beyond
a reasonable doubt.
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Truth can never be
told so as to be understood, and not be believ'd. William Blake, The Proverbs of Hell
