Two Sussex Police officers are standing trial at Southwark Crown Court over the use of force against a 92-year-old care home resident in St Leonards, East Sussex, who later died in hospital.

 The Incident

Donald Burgess, a one-legged care home resident in a wheelchair, was living at Park Beck care home when staff called police during a mental health crisis in June 2022. Care staff say Mr Burgess, who had a history of self-harm threats and had previously been under mental health care, became erratic and allegedly said he wanted to “murder” the site manager using a piece of cutlery resembling a butter knife.

Officers Accused

• PC Stephen Smith, 51, is accused of two counts of assault, allegedly using a Pava spray and a baton.
• PC Rachel Comotto is accused of one count of assault for discharging her Taser during the incident.

Both deny the charges.

Body-worn footage presented to the jury reportedly shows PC Smith spraying nearly a full can of pepper spray into Mr Burgess’s face before PC Comotto Tasered him, resulting in a barb becoming lodged and requiring hospital removal.

 Witness Testimony

Steve Cooper, the care home manager, testified:

He had a look in his eyes I’ve not seen before. He wasn’t the Donald I knew.”
Mr Cooper said staff attempted for 35 minutes to de-escalate the situation before calling 999. He emphasized that physical restraint was not permitted in the home.

In a 999 call played in court, Deputy Manager Donna Gardner said she feared Mr Burgess would harm staff or himself. She told the jury that every option had been exhausted before police were called.

Alison O’Donohue, senior care home manager, said in a statement that Mr Burgess was normally a “happy gentleman” and this was the first incident requiring police involvement.

Legal Context

Mr Burgess died in hospital three weeks after the incident, though prosecutors do not attribute his death to the officers’ actions.

The Crown Prosecution Service alleges unnecessary force was used during the confrontation.

 Trial Continues

The trial is ongoing at Southwark Crown Court, with further police testimony and expert analysis expected in the coming days. Both officers remain suspended pending the outcome.