Latest news with #PCComotto
Yahoo
28-05-2025
- General
- Yahoo
Jury deliberate over force used on amputee, 92
The jury in the trial of two police officers accused of using excessive force against a 92-year-old amputee have begun their deliberations. PCs Stephen Smith, 51, and Rachel Comotto, 36, have denied using excessive force on Donald Burgess at Park Beck care home in St Leonards-on-Sea, East Sussex. The care home called 999 in June 2022 after Mr Burgess, a single-leg amputee and wheelchair user, reportedly grabbed a knife and threatened to stab staff. Mr Burgess was taken to hospital where he contracted Covid and died 22 days later, aged 93, but the officers are not being held responsible for his death. Judge Christopher Hehir, summarising the evidence on at Southwark Crown Court on Wednesday, told jurors: "The reason for his behaviour that day, we now know, is that he was delirious as a result of a urinary tract infection." PC Smith sprayed synthetic Pava pepper spray into Mr Burgess's face and struck his wrist with a baton, with PC Comotto deploying her Taser, all within a minute and 23 seconds of entering the pensioner's room, the court was told. 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 a Taser on Mr Burgess. Judge Hehirsaid jurors should reach their decision "with their heads, not their hearts". Prosecutors claim the force used against Mr Burgess, who had been reportedly waving a serrated cutlery knife around and telling staff he would "take pleasure" in murdering them, was "unjustified and unlawful" given his age and physical condition. 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. During his evidence, he denied emptying a full can of Pava in Mr Burgess's face, saying it was "a short burst". He also denied hitting Mr Burgess with a baton, claiming he instead flicked the baton towards the pensioner's wrist to "knock the knife out" of his hand. During her evidence, PC Comotto said she believed using the Taser was the safest way to "protect" Mr Burgess as she feared her colleague using the baton again would cause more harm. "I'm not a trigger-happy officer," she told jurors. "It's the first time I've fired my Taser." Follow BBC Sussex on Facebook, on X, and on Instagram. Send your story ideas to southeasttoday@ or WhatsApp us on 08081 002250. Use of Taser on 92-year-old was viable, court told Amputee's knife was a threat, accused PC says Sussex Police
BBC News
28-05-2025
- Health
- BBC News
Jury deliberate on Sussex police officers use of force on amputee
The jury in the trial of two police officers accused of using excessive force against a 92-year-old amputee have begun their Stephen Smith, 51, and Rachel Comotto, 36, have denied using excessive force on Donald Burgess at Park Beck care home in St Leonards-on-Sea, East care home called 999 in June 2022 after Mr Burgess, a single-leg amputee and wheelchair user, reportedly grabbed a knife and threatened to stab Burgess was taken to hospital where he contracted Covid and died 22 days later, aged 93, but the officers are not being held responsible for his death. Judge Christopher Hehir, summarising the evidence on at Southwark Crown Court on Wednesday, told jurors: "The reason for his behaviour that day, we now know, is that he was delirious as a result of a urinary tract infection."PC Smith sprayed synthetic Pava pepper spray into Mr Burgess's face and struck his wrist with a baton, with PC Comotto deploying her Taser, all within a minute and 23 seconds of entering the pensioner's room, the court was 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 a Taser on Mr Hehirsaid jurors should reach their decision "with their heads, not their hearts". Prosecutors claim the force used against Mr Burgess, who had been reportedly waving a serrated cutlery knife around and telling staff he would "take pleasure" in murdering them, was "unjustified and unlawful" given his age and physical 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 his evidence, he denied emptying a full can of Pava in Mr Burgess's face, saying it was "a short burst".He also denied hitting Mr Burgess with a baton, claiming he instead flicked the baton towards the pensioner's wrist to "knock the knife out" of his her evidence, PC Comotto said she believed using the Taser was the safest way to "protect" Mr Burgess as she feared her colleague using the baton again would cause more harm."I'm not a trigger-happy officer," she told jurors."It's the first time I've fired my Taser."
BBC News
27-05-2025
- Health
- BBC News
PCs used force on St Leonards amputee and 'asked questions later'
Two police officers who pepper-sprayed and Tasered a 92-year-old amputee chose to "use force first and ask questions later", a jury has Stephen Smith, 51, and Rachel Comotto, 36, deny using excessive force on Donald Burgess at Park Beck care home in St Leonards-on-Sea, East Sussex, in June care home had called 999 after Mr Burgess, a single-leg amputee and wheelchair user, reportedly grabbed a knife and threatened to stab staff, Southwark Crown Court was the incident, Mr Burgess was taken to hospital and later contracted Covid. He died 22 days 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 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' 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 said he only realised Mr Burgess was an amputee after the incident, when he was wheeled out of the 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 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.
BBC News
23-05-2025
- BBC News
Use of Taser on 92-year-old Donald Burgess was viable, court told
A police officer who Tasered a 92-year-old amputee who threatened to stab care home staff acted within her training, a court has Rachel Comotto and Stephen Smith are accused of using excessive force on Donald Burgess at a home in St Leonards-on-Sea, East Sussex, in June previously heard how Mr Burgess, who had one leg and used a wheelchair, was sprayed in the face, struck with a baton and Tasered within 83 seconds of officers entering his Mills, a use of force expert, told Southwark Crown Court on Friday that using the Taser after other options had failed was a "viable action" and not something he would criticise. Mr Mills told jurors the situation had reached the point where "all the other options have failed" and using a Taser provided a rapid by PC Comotto's barrister, Colin Banham, whether it would have been acceptable for officers to leave Mr Burgess alone with the knife, he said: "That would be criticised." Mr Mills explained that the short Taser burst delivered by PC Comotto was within protocol, and her actions to disarm Mr Burgess and provide reassurance afterwards aligned with her noted that PC Comotto had shouted "Taser, Taser" as required and had pressed and released the trigger within the standard five-second added: "(The Taser) gives off an audible beep."If the trigger had been held down longer, we would have heard the bleep. The fact we didn't indicates a single, appropriate trigger press."Mr Mills said: "The reassurance was excellent, as was the recovery of the Taser. "That is all part of the training for Taser officers." He said the only issue raised was PC Comotto giving Mr Burgess water immediately afterwards, which was a "common misconception" among officers because it can further inflame the effects of the Pava spray."Other than the use of water, everything else was in line with training," he said. PC Smith, 51, denies two counts of assault occasioning actual bodily harm relating to his use of Pava spray and a Comotto, 36, denies one count for discharging her Burgess was taken to hospital after being contracted Covid-19 and died 22 days later. The PCs are not accused of being responsible for his trial reporting from PA Media
BBC News
21-05-2025
- BBC News
PCs laughed after force used on Donald Burgess, 92, court told
Police officers accused of assaulting an East Sussex care home resident joked about having used a full can of Pava spray on him, a court has heard.A jury at Southwark Crown Court watched body-worn camera footage on Wednesday of PC Stephen Smith and PC Rachel Comotto in the moments after they restrained Donald Burgess in Smith, 51, denies two charges of assault by using Pava spray and a baton and PC Comotto, 36, denies one charge of assault by discharging her Taser at the 92-year-old Burgess, a wheelchair user, was arrested at Park Beck care home in St Leonards-on-Sea, allegedly after excessive use of force by the officers. Jurors heard on Tuesday that Mr Burgess said he wanted to murder the care home site manager and was wielding a cutlery knife when police say the force used against Mr Burgess was excessive and unnecessary given his age and physical Burgess was sprayed in the face with incapacitant spray before being Tasered and hit with a baton, the court heard on Monday. In the footage of the incident's aftermath shown to jurors on Wednesday, PC Comotto laughs and asks PC Smith: "Oh my God, is there any left in your can?"PC Smith replies: "Probably not."Later, an officer outside the home asks if PC Smith used a "Smithy special".The accused then describes the incident as a "stand-off"."Even after spraying he clutched on to [the knife] to the point where I was going to knock it out of his hands," he one point, Mr Burgess, visibly distressed, tells the officers: "I'm dying."He is then handcuffed in his wheelchair and taken to care home manager Steve Cooper shortly after the incident, PC Comotto says: "We don't like doing that at all, but what can you do?" In a statement she gave during a police interview, which prosecutor Paul Jarvis KC read to jurors, PC Comotto said: "Our objective was clear. It was to disarm Mr Burgess as quickly and safely as possible."I do not believe that my use of the Taser was disproportionate. I believe he posed an immediate and significant risk to himself."PC Comotto added she was "very shocked" when she learned Mr Burgess was 92 after the incident as she thought he was much younger."I treated Mr Burgess with respect and courtesy before and after the force was used," she said. Mr Burgess was taken to hospital after the incident and later contracted died 22 days later and the PCs are not accused of being responsible for his trial continues.
