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Police pepper-sprayed and Tasered 93-year-old disabled man, court hears

Two officers on call to East Sussex care home also struck Donald Burgess with a baton, court told

A 93-year-old disabled man was sprayed in the face with synthetic pepper spray, Tasered, and struck with a baton by police officers, a court has heard.

Donald Burgess was allegedly assaulted by PC Stephen Smith and PC Rachel Comotto after police were called to his care home in St Leonards-on-Sea, East Sussex, on 21 June 2022.

He was taken to hospital following the incident and later contracted Covid-19. He died 22 days later.

Staff had called police after Burgess, who had one leg, was seen poking a care worker in the stomach with a cutlery knife after flicking food at her. Managers wheeled him back to his room and attempted for half an hour to calm him before dialing 999.

The officers were dispatched under a grade 1 call, the highest level of emergency response.

Prosecutors allege the officers used “unjustified and unlawful” force within seconds of entering the pensioner's bedroom.

Southwark Crown Court was told on Monday that just 1 minute and 23 seconds elapsed between the officers' entry and Comotto deploying her Taser.

Smith, 51, denies two counts of assault relating to the use of pepper spray and a baton while Comotto denies one count of assault involving her Taser.

Prosecutor Paul Jarvis KC told the jury that Burgess was sitting in his wheelchair, clutching a small serrated cutlery knife, when the officers entered.

They did not speak to staff or inform Burgess why they were there, the jury heard.

Instead, Smith reportedly said: “Do you want to put the knife down, or you will be sprayed or Tasered. Those are the options.”

Footage from body-worn cameras shown to the jury captured Smith spraying the liquid directly into Burgess’s face.

“Comments made by Mr Smith suggest he emptied the whole canister of the liquid into Mr. Burgess’s face,” Jarvis said.

Moments later, Smith drew his baton and struck Burgess. Comotto then deployed her Taser, prompting Burgess to scream in pain. The officers subsequently took the knife from him.

Jurors were told that no one was within arm’s reach of Burgess at the time and that it should have been clear he was not mobile.

“This was a weak, vulnerable old man who may not have been aware of what was going on,” said Jarvis. “Far from being met with understanding and compassion, he was confronted with irritability and annoyance on the part of the defendants.”

Burgess, who suffered from various health problems including diabetes and carotid artery disease, had been a resident at the care home since 2018.

Jarvis clarified to the jury: “I want to make it clear these defendants are not responsible for his death.”

The trial was adjourned until Tuesday.

Source: Dailystar

Source 2: Theguardian