Moment cops pepper-spray and Taser 92-year-old amputee who died three weeks after ‘assault' at care home

The Sun

19-05-2025

THIS is the moment two cops pepper-sprayed and Tasered a 92-year-old amputee who died three weeks later in hospital, a court heard.
PC Stephen Smith and PC Rachel Comotto are accused of assaulting Donald Burgess at Park Beck Residential Care Home in St Leonards-on-Sea, East Sussex.
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The officers had been called to the residence after Donald poked a worker in the stomach with a butter knife, jurors heard.
When Smith and Comotto entered his room, bodycam footage showed him sat in a wheelchair still clutching the serrated blade.
PC Smith can be heard saying: 'Put it down mate. Come on, Donald, don't be silly.
"We can solve it without having to resort to this...Do as you're told."
He then "emptied all or almost all of his canister" of pepper spray in Donald's face, Southwark Crown Court was told.
The footage then showed Smith making his way towards the pensioner with his baton extended before striking him.
Comotto then deploys her Taser as Donald screams out in pain before the officers took the knife from him.
Jurors heard the officers used "unjustified and unlawful" force after entering the wheelchair-bound pensioner's room.
Prosecutor Paul Jarvis KC said one minute and 23 seconds elapsed between the officers arriving and Donald being Tasered.
He added: "It ought to have been obvious by the fact he had one leg that this was a man who wasn't going to be mobile.
"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 on the part of the defendants."
The court heard Donald suffered from multiple health conditions including diabetes and carotid artery disease.
He was taken to hospital after the incident and died 22 days later after contracting Covid.
Jurors heard police had been called to the care home on June 21, 2022, after Donald was seen poking a care worker in the stomach with a knife after flicking food at her.
Managers wheeled him back to his room and tried for 30 minutes to calm him down before calling 999.
The officers were dispatched under a grade one call, meaning it was treated as the highest level of emergency.
When Smith and Comotto arrived, they allegedly did not speak to the staff or explain to Donald why they were there.
Instead, Smith told him: "Do you want to put the knife down or you will be sprayed or tasered. Those are the options."
Jurors were told the care home specialised in support for people with dementia but Donald had been diagnosed with the disease.
Mr Jarvis said: "I want to make it clear - these defendants are not responsible for his death.
"He was an elderly gentleman who was unwell."
But he added: "The force used was unnecessary and excessive in the circumstances.
"The defendants assaulted Mr Burgess, causing actual bodily harm."
Smith, 51, denies two counts of assault by using Pava spray and a baton, and Comotto denies one charge of assault by discharging her Taser.
The trial continues.
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