Two police officers are standing trial after shocking body-worn camera footage revealed their violent response to a 92-year-old man inside a care home in St Leonards-on-Sea, East Sussex.
The victim, Donald Burgess, who had one leg and multiple health conditions, was left crying out in pain after being pepper-sprayed, beaten with a baton, and tasered—all while seated in a wheelchair.
83 Seconds to Violence
The court heard that on June 21, 2022, officers PC Stephen Smith, 51, and PC Rachel Comotto responded to a 999 call after staff reported Mr Burgess refused to hand over a knife-like utensil.
According to prosecutor Paul Jarvis KC, within just 83 seconds of entering the room, PC Smith discharged nearly an entire can of Pava (synthetic pepper) spray into the man’s face and then used his baton against the frail pensioner. PC Comotto followed by firing her Taser, causing Mr Burgess to scream in pain.
Jurors were told the officers did not speak to care staff beforehand, failed to assess the situation, and ignored the fact that Mr Burgess could not move independently due to his condition.
Medical Vulnerability and Context
Though Mr Burgess had not been diagnosed with dementia, staff reported that he had a urinary tract infection, which can lead to confusion and disorientation in elderly patients. The butter-knife-like item he held had a specially adapted handle, and care home staff had reportedly spent 30 minutes trying to resolve the issue before calling police.
Mr Burgess was taken to hospital after the incident, where he later contracted Covid-19 and died 22 days later. The court clarified that the officers are not being held responsible for his death.
Charges and Defence
- PC Stephen Smith denies two counts of assault occasioning actual bodily harm, relating to the Pava spray and baton.
- PC Rachel Comotto denies one count of assault, relating to the use of her Taser.
The prosecution argues that the use of force was “unjustified and unlawful” and that Mr Burgess posed no immediate threat.
“Rather than being met with understanding and sympathy, he was confronted by irritation and annoyance,” said Mr Jarvis KC.
The trial at Southwark Crown Court continues.
