Police Officers Accused of Using ‘Unlawful’ Force on Disabled 93-Year-Old Who Later Died

Two police officers are on trial for allegedly using excessive and unjustified force on a disabled 93-year-old man, who later died in hospital, following a confrontation at a care home in St Leonards-on-Sea, East Sussex.

Donald Burgess, a wheelchair-bound pensioner with one leg and multiple health conditions, was pepper-sprayed, Tasered, and struck with a baton during a police response to a report that he had threatened a carer with a knife on 21 June 2022.

Prosecutors at Southwark Crown Court allege that officers Pc Stephen Smith, 51, and Pc Rachel Comotto failed to assess the situation before deploying force within seconds of entering Mr Burgess’s room.

“Unnecessary and Excessive Force”

Prosecutor Paul Jarvis KC told jurors that Mr Burgess was holding a small serrated cutlery knife but was not posing an immediate threat when the officers arrived. He said Smith warned the elderly man: “Do you want to put the knife down or you will be sprayed or tasered. Those are the options.”

Body-worn camera footage, played in court, showed Smith discharging a synthetic pepper spray (PAVA) directly into Mr Burgess’s face, before striking him with a baton. Seconds later, Comotto deployed her Taser, causing the 93-year-old to cry out in pain.

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

The officers then disarmed Mr Burgess, who was not within reach of anyone else at the time. Prosecutors said it should have been clear that the one-legged man was not mobile and required a more considered approach.

Mr Jarvis said: “This was an elderly, vulnerable man who may not have understood what was going on. Rather than being met with understanding and sympathy, he was confronted by irritation and annoyance.”

Mr Burgess Died Weeks Later

Following the incident, Mr Burgess was taken to hospital where he later contracted Covid-19. He died 22 days later. The prosecution made clear that the officers are not being held responsible for his death, but are instead charged with assault causing actual bodily harm.

Mr Burgess had been a resident at the care home since 2018 and suffered from several medical conditions including diabetes and carotid artery disease. While he was not diagnosed with dementia, the facility specialised in caring for people with cognitive impairments.

Pc Smith denies two counts of assault for the use of PAVA spray and a baton, while Pc Comotto denies one count of assault for deploying her Taser.

The trial has been adjourned and is scheduled to continue on Tuesday.