Police officer ‘laughed about colleague pepper-spraying man, 92, who later died'

Telegraph

21-05-2025

A police officer laughed about a colleague using a can of pepper spray in a 'stand-off' with a 92-year-old care home resident who died weeks later, a court has heard.
Jurors were shown body-worn video footage of officers in the moments after Donald Burgess, a single-leg amputee and wheelchair user, was restrained at Park Beck care home in St Leonards-on-Sea, East Sussex.
At one point in the confrontation, Mr Burgess, visibly distressed, told the officers: 'I'm dying.'
Pc Stephen Smith, 51, and Pc Rachel Comotto, 36, are on trial at Southwark Crown Court accused of assault occasioning actual bodily harm in June 2022.
Smith denies two counts of assault, relating to his use of Pava spray and a baton, while Comotto denies one count, for discharging her Taser.
It is alleged that within 83 seconds of entering Mr Burgess's room, Smith emptied a full canister of synthetic pepper spray into Mr Burgess's face and struck him with a baton, and Comotto deployed her Taser.
Mr Burgess was admitted to hospital after the incident, and died 22 days later after contracting Covid-19.
In one video clip shown to the jury, Comotto is seen laughing and asking Smith: 'Oh my God, is there any left in your can?'
Smith replies: 'Probably not.'
Smith described the incident to another officer as 'a stand-off'. The court has been told police were called because Mr Burgess was threatening staff with a small cutlery knife, and saying he would take pleasure in murdering them.
Smith told his colleague: 'Even after spraying he clutched on to it (the knife) … Just a stand-off with him – gave him all the options.'
Prosecutors say the force used against Mr Burgess was excessive and unnecessary given his age and physical condition.
The footage also showed officers coughing heavily after the spray was deployed, and Comotto is heard saying: 'I just hate Pava. It's just horrible, isn't it?'
Comotto said she only learned of Mr Burgess's age after the incident and was 'very shocked', having thought he was much younger.
'I treated Mr Burgess with respect and courtesy before and after the force was used,' she added.
The trial continues.