Latest news with #PCSmith
Yahoo
28-05-2025
- General
- Yahoo
Police not guilty of assault on 92-year-old amputee
Two police officers have been found not guilty of assault occasioning actual bodily harm after a 92-year-old amputee was pepper-sprayed and Tasered at his care home. PCs Stephen Smith, 51, and Rachel Comotto, 36, denied using excessive force on Donald Burgess at Park Beck care home in St Leonards-on-Sea, East Sussex. Jurors returned their unanimous verdicts on both Sussex Police officers at Southwark Crown Court on Wednesday. They found PC Smith not guilty of two counts of assault occasioning actual bodily harm for his use of Pava spray and for using a baton, whilst PC Comotto was found not guilty of one count for deploying her Taser. The following video contains distressing scenes. Despite this, Sussex Police Assistant Chief Constable Paul Court said that the officers would still face gross misconduct proceedings. "Police officers can often find themselves in challenging and unpredictable situations, where they must make split-second decisions to keep the public safe and do so with measure, compassion, and skill," he said. "We support them to do this and it's what our communities expect. "Use of force must be reasonable, necessary, and proportionate, and officers know they will be held accountable for their actions every time." 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. PC Smith sprayed synthetic Pava pepper spray into Mr Burgess's face and used his baton to try to knock the knife out of his hand, with PC Comotto deploying her Taser - all within a minute and 23 seconds of entering the pensioner's room. Mr Burgess was taken to hospital where he contracted Covid and died 22 days later, but the officers were not being held responsible for his death. The court previously heard that Mr Burgess' behaviour was "out of character" and that his movements with the knife were "extremely quick", deputy care home manager Donna Gardner said. Judge Christopher Hehir 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." Prosecutors had claimed 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. The court heard both officers repeatedly asked Mr Burgess to drop the knife, with PC Smith warning him: "Put the knife down mate, or you will be sprayed or tasered. That's up to you." Footage from body-worn cameras played to the jury during the trial showed PC Smith then directly spraying Mr Burgess's face. The care home resident then raised the knife a couple of times as PC Smith used his baton to try to get the weapon out of his hand. When this failed, PC Comotto deployed her Taser. 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 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. She explained that she knew from her training the risk of injury to Mr Burgess was higher with a baton than with a Taser. The officer said: "It was proportionate because other tactics had failed. If I didn't act, something worse could happen." "I'm not a trigger-happy officer," she added. "It's the first time I've fired my Taser." The Independent Office for Police Conduct (IOPC) said both officers should face a gross misconduct hearing for potential breaches of the police standards of professional behaviour, with PC Comotto facing a further misconduct allegation relating to comments she made on social media after the incident. IOPC director Emily Barry said: "We know this case – including the police body-worn footage that was released during the trial – has caused understandable concern in the community. "It was right that the evidence was put before a jury so the officers could be held accountable and we respect the jury's decision." Additional reporting by PA Media. Follow BBC Sussex on Facebook, on X, and on Instagram. Send your story ideas to southeasttoday@ or WhatsApp us on 08081 002250. Police officers 'use force first' on amputee, 92 Use of Taser on 92-year-old was viable, court told Jury deliberate over force used on amputee, 92 Sussex Police HM Courts & Tribunals Service
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.
Yahoo
22-05-2025
- Yahoo
Amputee's knife was a threat, accused PC says
A police officer believed an amputee who threatened to stab care home staff had "ample opportunity" to drop his knife before he was Tasered, a court has heard. PC Stephen Smith told Southwark Crown Court that he did not see that Donald Burgess, 92, was disabled and in a wheelchair before he used Pava spray, and then a baton before making an arrest. The police officer, aged 51, and PC Rachel Comotto are accused of using excessive force on Mr Burgess, who had one leg, at Park Beck care home in St Leonards-on-Sea in June 2022. PC Smith denies two charges of assault and PC Comotto, 36, denies one charge of assault by discharging her Taser at Mr Burgess. Mr Burgess was taken to hospital after his arrest and later contracted Covid-19. He died 22 days later aged 93, and the PCs are not accused of being responsible for his death. Jurors were previously told the care home had called 999 after Mr Burgess reportedly grabbed a cutlery knife and said he wanted to murder the site manager with a cutlery knife. PC Smith told jurors: "The way he had been threatening staff members - the threat was the knife, to the staff there, and also to himself." The court heard both PC Smith and PC Comotto repeatedly asked Mr Burgess to drop the knife and PC Smith warned him he would be sprayed or Tasered if he did not. PC Smith told the court he believed Mr Burgess "could clearly understand what we were saying to him". In the Sussex Police "use of force form", which PC Smith filled out shortly after the incident, he wrote Mr Burgess was "given ample opportunity" to drop the knife. Jurors heard on Monday that PC Smith allegedly emptied a canister of Pava incapacitant spray into Mr Burgess's face and struck him with a baton before PC Comotto deployed her Taser. On Thursday, Smith denied this and said he used a "short burst" of Pava on Mr Burgess. "I just wanted the knife out of the gent's hand", PC Smith said, adding that he tried to "knock the knife out of Mr Burgess's hand" by using the baton. Ian Mills, a police use-of-force adviser, later testified for the defence that PC Smith's actions "though difficult to watch, was generally in accordance with his training". Mr Mills agreed PC Smith used his baton with "minimal force" and said police officers make "split-second decisions based on their perception of the circumstances" and "without the benefit of hindsight". The two officers made a "tactical error" in failing to "fully explore avenues of information before entering the room" such as by talking to the care home staff about Mr Burgess, Mr Mills added. Prosecutors say the force used against Mr Burgess was excessive and unnecessary given his age and physical condition. The trial continues. Follow BBC Sussex on Facebook, on X, and on Instagram. Send your story ideas to southeasttoday@ or WhatsApp us on 08081 002250. PCs laughed about spray use on man, 92, jury hears Pensioner 'possessed' before being Tasered – court PC Tasered amputee, 92, in wheelchair, court hears Sussex Police HM Courts & Tribunals Service
BBC News
22-05-2025
- BBC News
Donald Burgess' knife was threat, accused PC tells court
A police officer believed an amputee who threatened to stab care home staff had "ample opportunity" to drop his knife before he was Tasered, a court has Stephen Smith told Southwark Crown Court that he did not see that Donald Burgess, 92, was disabled and in a wheelchair before he used Pava spray, and then a baton before making an police officer, aged 51, and PC Rachel Comotto are accused of using excessive force on Mr Burgess, who had one leg, at Park Beck care home in St Leonards-on-Sea in June Smith denies two charges of assault and PC Comotto, 36, denies one charge of assault by discharging her Taser at Mr Burgess. Mr Burgess was taken to hospital after his arrest and later contracted died 22 days later aged 93, and the PCs are not accused of being responsible for his death. Jurors were previously told the care home had called 999 after Mr Burgess reportedly grabbed a cutlery knife and said he wanted to murder the site manager with a cutlery Smith told jurors: "The way he had been threatening staff members - the threat was the knife, to the staff there, and also to himself."The court heard both PC Smith and PC Comotto repeatedly asked Mr Burgess to drop the knife and PC Smith warned him he would be sprayed or Tasered if he did Smith told the court he believed Mr Burgess "could clearly understand what we were saying to him".In the Sussex Police "use of force form", which PC Smith filled out shortly after the incident, he wrote Mr Burgess was "given ample opportunity" to drop the knife. Jurors heard on Monday that PC Smith allegedly emptied a canister of Pava incapacitant spray into Mr Burgess's face and struck him with a baton before PC Comotto deployed her Thursday, Smith denied this and said he used a "short burst" of Pava on Mr Burgess."I just wanted the knife out of the gent's hand", PC Smith said, adding that he tried to "knock the knife out of Mr Burgess's hand" by using the baton. Ian Mills, a police use-of-force adviser, later testified for the defence that PC Smith's actions "though difficult to watch, was generally in accordance with his training".Mr Mills agreed PC Smith used his baton with "minimal force" and said police officers make "split-second decisions based on their perception of the circumstances" and "without the benefit of hindsight".The two officers made a "tactical error" in failing to "fully explore avenues of information before entering the room" such as by talking to the care home staff about Mr Burgess, Mr Mills say the force used against Mr Burgess was excessive and unnecessary given his age and physical trial continues.
