logo
PC Tasered St Leonards amputee, 93, in wheelchair, court hears

PC Tasered St Leonards amputee, 93, in wheelchair, court hears

BBC News19-05-2025

A 92-year-old care home resident in a wheelchair was sprayed in the face with synthetic pepper spray before being Tasered and hit with a baton by police officers, a jury has been told.PC Stephen Smith emptied almost a full can of pepper spray into Donald Burgess's face when he refused to drop an item of cutlery similar to a butter knife, Southwark Crown Court heard.One-legged Mr Burgess was then Tasered by PC Rachel Comotto, police body-worn camera footage shown to jurors appeared to show. PC Smith, 51, denies two counts of assault by using Pava spray and a baton, and PC Comotto denies one charge of assault by discharging her Taser.
Mr Burgess was a resident at a home in St Leonards-on-Sea, East Sussex, when staff called police on 21 June 2022 after they failed to persuade him to hand over the knife, which had a specially adapted handle.Paul Jarvis KC, prosecuting, told jurors the officers made no attempt to talk to staff, and instead approached Mr Burgess, trying to interact with him.He said instead of trying to calm the situation down they inflamed it, using force that was unjustified and unlawful.Jurors were told there was nobody within arm's reach of Mr Burgess at the time, and that it should have been clear he was not mobile."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," 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 on the part of the defendants."
The following video contains distressing scenes.
Mr Jarvis KC, told the court Mr Burgess was suffering from a urinary tract infection on the day of the incident, a condition that can make a person confused, agitated, or even aggressive.He told the jury Mr Burgess was asked to hand over the knife after he had used it to flick food and poke a member of staff in the stomach.Mr Jarvis said managers had spent 30 minutes trying to get him to put the knife down.Mr Burgess, who suffered from multiple health conditions including diabetes and carotid artery disease, had been a resident at the home since 2018.He had not been diagnosed with dementia, but the care home specialised in support for people with the condition.
'Unnecessary and excessive'
The court was told that one minute and 23 seconds elapsed between the officers arriving and Mr Burgess being Tasered.In the body-worn camera video PC Smith can be heard repeatedly asking Mr Burgess, who was a right leg amputee, to put down the knife.When he doesn't move, PC Smith sprays him with Pava, before using his baton and 12 seconds later, Mr Burgess can be seen crying out in pain when PC Comotto uses her Taser gun. PC Smith then takes the knife from Mr Burgess.Mr Burgess was taken to hospital after the incident and later contracted Covid. He died 22 days later.Mr Jarvis told the jury: "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."The trial was adjourned until Tuesday.
Additional reporting by PA Media.

Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

British couple are charged with 'smuggling £1million of cannabis from Thailand' after being stopped at Heathrow
British couple are charged with 'smuggling £1million of cannabis from Thailand' after being stopped at Heathrow

Daily Mail​

time25 minutes ago

  • Daily Mail​

British couple are charged with 'smuggling £1million of cannabis from Thailand' after being stopped at Heathrow

A British couple have been charged with smuggling £1million of cannabis into the UK from Thailand. Sian Warren, 34, and Daniel McDonald, 36, were arrested by National Crime Agency officers at Heathrow last month after allegedly being found with more than 51kg of the Class B drug in their suitcases. The pair were charged with importing class B drugs and appeared at Uxbridge magistrates' court on May 29. They have since been bailed and are due to attend a plea hearing at Isleworth crown court on June 26. Sian reportedly works as an administrator for a house building business where Daniel's father also works. The couple, who are both from Salford, Manchester, had flown out for a dream holiday to Bangkok last month, according to the Sun. Sian's father Tony has claimed she would not have knowingly smuggled drugs into the country. He told the Sun: 'Sian's not brought anything back, definitely not. She had her own suitcase with clothes in it.' The couple are the latest Brits to be caught allegedly trying to smuggle drugs into another country. Last month a British former flight attendant was accused of smuggling £1.2 million of super-strength cannabis into Sri Lanka. Charlotte May Lee, 21, from Coulsdon, south London, was arrested in Colombo after police discovered 46 kg of 'Kush' - a synthetic strain of cannabis - in her suitcase. She had just arrived in the Sri Lankan capital on a flight from Bangkok in Thailand. She was arrested at Bandaranaike Airport and taken into custody on Monday, May 11. She is facing up to 25 years locked in a hellhole Sri Lankan jail - but she has insisted she has been set up MailOnline spoke to her from her cell where she admitted that she had not been eating because the food was too spicy. Elsewhere, Bella May Culley, 18, is now facing life in prison in the former Soviet country after being accused of illegally buying, possessing and importing large quantities of narcotics. The youngster from Billingham, Country Durham, was believed to have gone missing in Thailand before she was detained 3,700 miles away at Tbilisi International Airport. Concerns had been raised that the two cases were related as both young women left Bangkok airport on the same day and were arrested in Sri Lanka and Georgia respectively within hours of each other.

Bradford man in court on rape and sexual assault charges
Bradford man in court on rape and sexual assault charges

BBC News

time34 minutes ago

  • BBC News

Bradford man in court on rape and sexual assault charges

A man has appeared in court charged with rape and sexual assault following an incident in Mico, 34, was charged after police were called to reports of a serious assault in Ashgrove, in the Great Horton area of the city, at about 07:18 BST on offences are alleged to have been committed against two women aged 32 and Mico, of Ashgrove, Bradford, was remanded in custody to appear at the city's crown court on 9 July. Listen to highlights from West Yorkshire on BBC Sounds, catch up with the latest episode of Look North.

Bus driver stabbing: Derek Thomas killed in 'frenzied attack'
Bus driver stabbing: Derek Thomas killed in 'frenzied attack'

BBC News

time43 minutes ago

  • BBC News

Bus driver stabbing: Derek Thomas killed in 'frenzied attack'

A man murdered the father of his former partner in a "frenzied" knife attack after an argument with his ex, a court has Williams, 34, stabbed bus driver Derek Thomas, 55, from Stoke Newington, north-west London, who was on his way home from work, his Old Bailey trial was told. He denies Anthony Orchard KC said that on 30 July Mr Williams had been out looking for Mr Thomas's daughter Carron, who was his former girlfriend, but had failed to find her.A WhatsApp discussion to sort out domestic arrangements after their break-up had become abusive and "tempers appeared to become frayed," Mr Orchard said. 'Easier target' The same night as the messages were sent, Mr Williams was allegedly driving his van near the Thomas family home when he saw Carron's father carrying a bag of shopping, on his way home from described seeing a man stop his van in the middle of the road, get out, and attack Mr Thomas before returning to his vehicle and driving bus driver, who worked for Go-Ahead London, had been stabbed five times with a large was pronounced dead at the scene, in Northwold Road, Stoke Newington, less than half an hour Orchard said: "The breakdown of the defendant's relationship with Carron Thomas appears to have been the trigger for [the defendant's] actions.""He went out looking for Ms Thomas but was unsuccessful. He decided on an easier target, her father."There can be no doubt the attacker was the defendant. Mr Thomas was struck by the knife on five occasions in what was a frenzied attack."Mr Thomas must have been terrified."The defendant made a "determined attempt to avoid arrest" in the weeks after the attack before being arrested on 26 August at the Notting Hill Carnival, the court heard. Mr Williams, of Cuba Street, Tower Hamlets, east London, also denies a charge of having an article with a blade or trial, which is expected to last four weeks, continues.

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into the world of global news and events? Download our app today from your preferred app store and start exploring.
app-storeplay-store