PCs used force on St Leonards amputee and 'asked questions later'
The court heard that PC Smith allegedly emptied a full canister of synthetic Pava spray into Mr Burgess' face and struck him with a baton, with PC Comotto deploying her Taser – all within one minute and 23 seconds of entering the wheelchair-bound pensioner's room.Prosecutor Paul Jarvis said: "Time, we suggest, was not against the defendants in this case, it was very much in their favour, but the approach which they chose to take was use force first and ask questions later."He added: "We suggest that those features of the case and their behaviour upon arrival at the care home that day tell you something important about their intentions not to try and gather information, but to try and resolve it as quickly as possible."PC Smith denies two counts of assault occasioning actual bodily harm for his use of Pava spray and for using a baton, while PC Comotto denies one count related to her use of Taser on Mr Burgess.
PC Comotto said she believed using the Taser was the safest way to "protect" Mr Burgess."I honestly believed the Taser was necessary," she previously told the jury."It was proportionate because other tactics had failed. If I didn't act, something worse could happen."Mr Jarvis told jurors during his closing speech that the officers had failed to gather information about the situation before entering Mr Burgess' room.He said: "It didn't have to happen that way. It was not forewritten that the officers had to use the force that they did."Neither was it inevitable that because one type of force was used and didn't succeed, there had to be another, and another."
PC Smith previously told jurors he did not see that Mr Burgess was disabled and using a wheelchair as he was focused on the knife the pensioner was holding in his hand.He said he only realised Mr Burgess was an amputee after the incident, when he was wheeled out of the room.Referring to body-worn footage of the incident played in court during the trial, Mr Jarvis asked jurors: "How credible do you think is that testimonial?"You have watched the video, you have seen it. We are talking about something that is happening right in front of his eyes and he claims not to have seen it."If he was honest...then the obvious question is, how could you imagine that he (Mr Burgess) was a threat to you or you colleague if he cannot stand up?"
The prosecution argued PC Smith resorted to using his Pava spray and then his baton on Mr Burgess "not because he had an instinctive feeling that there was need to use force to protect other people or Mr Burgess, but because he had had enough of it".The trial continues.
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Natasha said: 'We had a great childhood, and we had a wonderful mum. She was a feeder; she liked to make a big Sunday roast and have everyone round. 'She taught me how to cook too. Every penny she has was for her children. Just before she died, she'd paid for driving lessons for my daughter. 'Our last outing together, four days before her murder, was to book Christmas dinner at a restaurant for us all. We'd never been out for Christmas dinner before, and we were excited. 'Mum loved Christmas, and she loved her garden; she liked anything which brought her family together. Following her death, locals paid tribute to Catherine Flynn, with one saying: 'She was the nicest lady you could ever meet, would do anything for anyone, a true queen with a heart of gold' 'She was there to support me when my first daughter, Latitia, was sadly still born in 2004. 'Two years later, she cut the cord when my second daughter, Natalia, was born. Mum was always there for us all.' In 2011, Mick passed away and Cathy's own health began to deteriorate. She was diagnosed with COPD, emphysema, arthritis and a leaking heart valve. Natasha said: 'Her health was bad, and she was so tiny, she was like a little doll. But her character was strong. 'I used to say she was made of solid gold. She needed a walking frame and a wheelchair to go any distance, but she still liked to go out and do her shopping and see people, and she was great company. 'She liked watching the soaps and she liked pottering in her garden. Above all, she liked to see her family. 'Due to her health, she moved to a smaller property, around a five-minute drive from me, and I saw her every day. If she wasn't well, I stayed over in her spare room. I even moved in with her for a while after she'd been in hospital. 'I made her meals, using the recipes she'd passed down to me, and took her for all her appointments. We were best pals as well as mum and daughter 'I had access to her Ring Doorbell stream but that was just for peace of mind because Mum had fallen a couple of times. Never did we think she might be burgled or attacked. 'Her home was lovely, she'd never had any trouble, she had a stair-lift and a walk-in shower, and a beautiful little garden. She was by the sea, and it felt like the perfect place for her retirement.' In October last year, the family planned a meal out and decided to book their first Christmas dinner away from home. Four days later, Cathy was murdered. Natasha said: 'It was a Thursday, which was takeaway night. My husband had called round earlier in the evening with Mum's takeaway and to check she was OK. 'Mum always rang me around 10.30pm to let me know she was safe in bed. I picked my phone up ready for her call and noticed a notification from Ring doorbell. I clicked on it, knowing Mum would not have a visitor this late.' To her horror, Natasha saw a man smashing the door and window before forcing his way into the house. She heard a series of thuds and bangs as her mother pleaded to be spared. She said: 'The attack lasted less than a minute, but I was hysterical. I was trying to use the microphone, screaming at him to leave her alone. 'I called 999 and they made me wait for the police to arrive before I drove round to Mum's. I was in such a state, I just wanted to see her, but they wouldn't let me in. I'd convinced myself she'd somehow escaped injury, that he had smashed the place up and stolen whatever he wanted.' But Cathy was rushed to hospital, and her devastated family were warned she had suffered catastrophic head injuries. The following day, they made the heartbreaking decision to withdraw life support. Natasha said: 'Mum was so swollen, all the bones in her face were broken so when I kissed her, she felt like jelly. She never regained consciousness. I held her hand and we all said a prayer and I told her: 'Don't worry Mum. Dad is waiting for you.' My whole world shattered when she took her last breath.' Thanks to the doorbell footage, Dean Mears, a local drug addict, was quickly arrested. Natasha said: 'We'd never heard of him. He didn't know my Mum at all. He claimed to be so high he had no idea why he had targeted her home and attacked her. 'The months after Mum's death were a blur. We held her funeral, but we couldn't say a proper goodbye because the police had retained tissue samples as part of their investigation. 'Christmas came, and I forced myself to go out for the dinner we'd booked, because I knew Mum would want me to be strong. But all I could think of was the empty place where she should have been. 'Natalia passed her driving test, which Mum would have loved as she'd paid for the lessons. But it was bittersweet. We couldn't celebrate anything without our Queenie. 'I had severe PTSD and flashbacks; I couldn't bear to watch TV in case there was a doorbell ringing. I felt guilty, as though I could have somehow saved her. I was overwhelmed with grief. 'I had a lot of help and I'm still having support from the police and specialist family liaison officers. But the pain never goes away.' At Caernarfon Crown Court in June, a jury was told Dean Mears had dragged Cathy from her bed, stamping on her at least 15 times before leaving her for dead. Remorseless Mears admitted manslaughter but was convicted of murder, following a nine-day trial. Judge Rhys Rowlands jailed Mears for 28 years and told him: 'You dragged her out of bed…stamped on her face 15 times, pretty much breaking every bone in her face. 'She was frail and extremely vulnerable. She was a very small lady. Plainly terrified, Mrs Flynn can be heard to plead with you, but you showed no mercy…you can be heard repeatedly stamping on her face. 'Your adult life has been blighted by you taking illicit drugs…..I'm quite satisfied that this case was a murder for gain. You didn't break into Mrs Flynn's home intending to kill her - as such the murder was not pre-meditated. 'I cannot ignore 15 blows were aimed by you. This was unusual savagery. You are a dangerous individual.' The family have now learned that samples taken from Cathy's body can be returned to them, so they will soon receive her ashes as a whole. Natasha said: 'When we have mum back together, we will hold a big party to celebrate her life, to remember the love and the joy she brought into the world. 'She will always be our Queenie. I'm raising awareness of violence against women and girls too. I'd like to help other families, in mum's name. 'But I won't ever forget or forgive. I am still being supported by specialist officers and FLO workers. And I will be ready, when Mears is up for parole. He is an animal, a monster, and I hope he never walks the streets ever again.' Following the death of Mrs Flynn - known as Cathy - one local said: 'She was the nicest lady you could ever meet, would do anything for anyone, a true queen with a heart of gold.' The judge added: 'Any loss of life is tragic, but your killing of Mrs Flynn that night wasn't only senseless but the circumstances surrounding it can only be viewed as truly horrific. 'You broke in, went up the stairs, passing the chair or stairlift on the stairs she used because she had only limited mobility. 'You dragged her out of bed, demanding repeatedly to know where the keys were, and repeatedly stamped on the victim on her face and neck, causing the most catastrophic of injuries. 'As to exactly why you behaved in that way, only you will know.' But the judge said drugs had ruined Mears' life and now the life of another family. 'I have no doubt the root cause was your long-standing addiction to harmful illicit drugs and association with the dealers at a higher level of these drugs.' Addressing Mrs Flynn's family, who cheered the guilty verdict from the public gallery, the judge added :'I can't for one moment put myself in their shoes. 'What a dreadful experience to have gone through:' He added that not many juries had to listen to somebody being killed. Afterwards Senior Investigating Officer Superintendent Lee Boycott of North Wales Police said: 'On 24th October 2024, Dean Mears broke into Cathy Flynn's home whilst she was sleeping and ferociously and repeatedly stamped on her in a brutal and violent unprovoked attack. 'The injuries Cathy sustained were not survivable and she tragically died the following day in hospital. 'His abhorrent actions that night was witnessed by Cathy's daughter on her doorbell footage, which will undoubtedly stay with her and her family forever. 'Despite Mears showing no remorse for his actions, Cathy's family have remained dignified and respectful throughout the judicial process. 'I commend them for their courage and my thoughts remain with them today. 'I welcome today's verdict and thank the jury, and the investigation team, for their diligent work in securing justice for Cathy's family.'
