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Telegraph
28-05-2025
- Health
- Telegraph
Police who pepper-sprayed and Tasered pensioner face sack despite being cleared
Two police officers who Tasered and pepper-sprayed a one-legged pensioner face being sacked despite being cleared of assault. Pc Stephen Smith, 51, and Pc Rachel Comotto, 36, were accused of using excessive force on Donald Burgess during a confrontation at the Park Beck care home in St Leonards-on-Sea, East Sussex, in June 2022. On Wednesday, jurors found Pc Smith not guilty of two counts of assault occasioning actual bodily harm, while Pc Comotto was found not guilty of one count for deploying her Taser. But Asst Chief Constable Paul Court, who spoke outside Southwark Crown Court following the verdicts, said the officers would be facing gross misconduct proceedings. Police were called to the care home after Mr Burgess reportedly grabbed a knife he was given to cut his food and threatened to stab staff. Within 83 seconds of entering his room, Pc Smith sprayed synthetic Pava pepper spray into Mr Burgess's face and used his baton to try and knock the knife out of Mr Burgess's hand, with Pc Comotto deploying her Taser. Mr Burgess was taken to hospital after the incident. He later contracted Covid and died 22 days later, aged 93. The Independent Office for Police Conduct (IOPC) said that both officers should face a gross misconduct hearing for potential breaches of the police standards of professional behaviour relating to use of force, and authority, respect and courtesy. Pc Comotto faces a further misconduct allegation relating to comments she made on social media after the incident. The watchdog said it would liaise with Sussex Police about the misconduct hearings now that criminal proceedings were over. The court previously heard what happened was 'out of character' for Mr Burgess, whose movements with the knife were described by Donna Gardner, the deputy care home manager, as 'extremely quick'. 'The reason for his behaviour that day, we now know, is that he was delirious as a result of a urinary tract infection,' judge Christopher Hehir told jurors. Steve Cooper, the care-home manager, had previously told jurors Mr Burgess had been threatening staff for more than 30 minutes with a serrated knife before they decided to call 999. 'He was very aggressive and threatening to hurt my members of staff,' he said. 'We tried to use different de-escalation techniques. He wasn't responding to anything we said. He had a look in his eyes I've never seen before – he wasn't the Donald I knew.' He said Mr Burgess jabbed the knife towards him and told him: 'I'm going to murder you, and I'll enjoy it.' The court heard both Pc Smith and Pc Comotto 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.' 'Did not see he was disabled' Footage from body-worn cameras played to the jury during the trial showed Pc Smith then discharging the spray directly into Mr Burgess's face. Mr Burgess then raised the knife a couple of times as Pc Smith uses his baton to try and get the knife 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 until after the incident as he was focused on the knife the pensioner was holding. He added he believed Mr Burgess 'could clearly understand what we were saying to him' as he reportedly asked 'Are there many more of them coming?' – suggesting he was aware Pc Smith and Pc Comotto were police officers. During his evidence, Pc Smith 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. Pc Smith said: 'The way he had been threatening staff members – the threat was the knife, to the staff there and also to himself. I just wanted the knife out of the gent's 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 added she knew from her training the risk of injury to Mr Burgess was higher with a baton than with a Taser. She 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. It's the first time I've fired my Taser.' Emily Barry, the IOPC director, said: 'Our thoughts and sympathies remain with the family of Donald Burgess. 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.'
The Independent
23-05-2025
- The Independent
Tearful officer denies being ‘trigger happy', after tasering amputee, 92
A police officer told a court she is 'not a trigger happy officer' as she defended firing her Taser at a 92-year-old amputee in his care home. Breaking down in tears, Pc Rachel Comotto said she believed using the device was the safest way to 'protect' Donald Burgess from being struck again with a baton by her colleague, who had also pepper sprayed the man. Police had been called to Park Beck care home in St Leonards-on-Sea, East Sussex, after Mr Burgess had reportedly threatened staff with a serrated knife that he used to eat his lunch. The pensioner was wheelchair bound and had one leg. Comotto, 36, denies one count of assault occasioning actual bodily harm for use of the Taser. Her colleague, Pc Stephen Smith, 51, denies two counts, one relating to his use of Pava spray – a synthetic form of pepper spray – and another for using a baton during the incident, on 21 June 2022, at Park Beck care home. Southwark Crown Court has heard that Mr Burgess, who had diabetes and was being treated for a urinary tract infection, was tasered, hit with a baton and sprayed with Pava within 83 seconds of the officers entering his room. Mr Burgess was taken to hospital after the incident, and later contracted Covid. He died 22 days later aged 93. Giving evidence on Friday, Comotto told jurors: 'I honestly believed the Taser was necessary. 'It was proportionate because other tactics had failed. If I didn't act, something worse could happen.' She said Mr Burgess had not dropped the knife, despite being sprayed and struck, and she feared a second baton blow from her colleague would cause more harm. 'I saw Pc Smith raise his baton up and I believed at that point he was going to strike Mr Burgess with his baton,' she said. Asked why she used her Taser at that moment, she said: 'To protect Mr Burgess – to resolve the situation safely and quickly.' Prosecutor Paul Jarvis KC asked: 'If you were worried about officer Smith hitting him with the baton, why wasn't telling him to stop a better option?' 'In hindsight, with all the information I have now,' Comotto said. 'It's not rocket science, is it?' Mr Jarvis said. 'Why taser someone to stop a baton strike instead of just saying 'Steve, stop'?' 'I don't control my colleague,' Comotto said. 'I don't know if he would have heard me, he was focused.' Mr Jarvis said: 'The idea that it was to protect you or your colleague was to defend the inexcusable,' as Comotto began to cry in the witness box. Jurors were shown body-worn video which appeared to show Mr Burgess lowering a knife after being sprayed, and only raising it again when the baton was brought out. 'It looks like he's trying to fend off the baton blow, not waving it around wildly,' Mr Jarvis said. 'It's been three years. I can't remember how I perceived it at the time,' Comotto replied. 'You've done pretty well so far,' Mr Jarvis said. 'I'm just asking you to help us with this bit.' He asked: 'And you believed the best way to protect him was to taser him?' The court was told Comotto did not speak to Mr Burgess before firing, or explain what a Taser was, despite believing he had dementia and being aware he was in a wheelchair, with one leg. 'Did you once ask him how he was?' Jarvis asked. 'No,' Comotto replied. 'Do you think he might have been afraid?' 'Potentially,' she said. Jarvis then read from the use-of-force form Comotto completed after the incident, highlighting that she had ticked every box on the list, including protection of self, protection of the public, prevention of offence and prevention of escape. 'Where did you think Mr Burgess was going to escape to?' he asked. 'The only route was through the door,' Comotto said. 'You're telling us if you didn't fire the Taser, he was going to make a break for it?' 'There was potential for it,' she said. 'Did you tick every box on that form to give yourself every possible justification?' Mr Jarvis asked. 'Was this the kitchen sink approach?' Comotto denied it, saying she believed her actions were necessary based on the information she had at the time. Mr Jarvis pointed out that the officers had been in the room for just one minute and 23 seconds before the Taser was fired. 'It felt like a lifetime,' Comotto replied. 'I'm not a trigger-happy officer,' she added. 'It's the first time I've fired my Taser.' The trial continues.
The Independent
22-05-2025
- The Independent
Officer who used spray on amputee, 92, did not see he was disabled, court told
A 92-year-old amputee who threatened to stab care home staff had 'ample opportunity' to drop his knife before officers sprayed and tasered him, a court has heard. Pc Stephen Smith, 51, faces trial alongside his colleague Pc Rachel Comotto, 36, for allegedly using excessive force on Donald Burgess during an incident at Park Beck care home in St Leonards-on-Sea, East Sussex, in June 2022. Mr Burgess was taken to hospital after the incident and later contracted Covid. He died 22 days later aged 93. The care home had called 999 after Mr Burgess, a single-leg amputee and wheelchair user, reportedly grabbed a knife and threatened to stab staff. Smith, who gave evidence on Thursday, told the jury sitting at Southwark Crown Court 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. Smith said: '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 Smith and Comotto repeatedly asked Mr Burgess to drop the knife, with Smith warning him: 'Put the knife down mate, or you will be sprayed or tasered. That's up to you.' 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 Smith filled out shortly after the incident, he wrote Mr Burgess had been 'given ample opportunity' to drop the knife before Comotto and himself resorted to force. Smith also told the court one of the first things he noticed when entering Mr Burgess's room was that he had 'white knuckles'. Smith said: 'That indicated to me that he had an immense grip on that knife.' When asked by his defence barrister Denis Barry what his goal was at the time, Smith said: 'To make sure no-one got injured and look after everyone within the care home.' Earlier this week, jurors heard that Smith allegedly emptied a full canister of synthetic Pava spray into Mr Burgess's face and struck him with a baton, with Comotto deploying her Taser – all within one minute and 23 seconds of entering his room. On Thursday, Smith denied this and said he used a 'short burst' of incapacitant on Mr Burgess. He explained he used the spray to cause Mr Burgess to drop the knife. When this did not work, Smith deployed his baton. 'I just wanted the knife out of the gent's hand', Smith said, adding that he tried to 'knock the knife out of Mr Burgess's hand' by using the baton. Body-worn camera footage of the incident showed Mr Burgess wincing after being sprayed, then raising the knife a couple of times as Smith flicks the baton towards the resident's hand. 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. Prosecutors say the force used against Mr Burgess – who had been reportedly threatening staff with a serrated cutlery knife and telling them he would 'take pleasure' in murdering them – was excessive and unnecessary given his age and physical condition. The trial continues.
Telegraph
21-05-2025
- Telegraph
Police officer ‘laughed about colleague pepper-spraying man, 92, who later died'
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.
The Independent
21-05-2025
- The Independent
Police ‘joked about using full can of pepper spray' on disabled 92-year old care home resident
Two police officers joked about using a full can of Pava spray on a 92-year-old care home resident who had just been tasered and arrested, a court has heard. Body-worn video footage of officers in the moments after Donald Burgess, a single-leg amputee and wheelchair user, was restrained was shown to jurors. The care home resident was staying at Park Beck care home in St Leonards-on-Sea, East Sussex. Pava spray is a synthetic-made pepper spray that many forces in the UK now use in place of the traditional gas spray. Pc Stephen Smith, 51, and Pc Rachel Comotto, 36, are on trial at Southwark Crown Court accused of assault occasioning actual bodily harm after allegedly using excessive force on Mr Burgess in June 2022. Smith is charged with two counts of assault, relating to his use of Pava spray and a baton, while Comotto faces one count for discharging her Taser. Earlier this week, jurors heard how Smith allegedly emptied a full canister of the incapacitant into Mr Burgess's face, struck him with a baton, and how Comotto deployed her Taser – all within 83 seconds of entering his room. On Wednesday, the jury was shown fresh body-worn camera footage from the aftermath of the incident. In one clip, Comotto is seen laughing and asking Smith: 'Oh my God, is there any left in your can?' Smith replies: 'Probably not.' Later, another officer outside the care home asks if Smith had used a 'Smithy special'. Smith responded by describing the incident as a 'stand-off'. 'Even after spraying he clutched on to it (the knife) to the point where I was going to knock it out of his hands,' he said. 'Just a stand-off with him – gave him all the options.' At one point, Mr Burgess, visibly distressed, told the officers: 'I'm dying.' He is then handcuffed in his wheelchair and taken outside. Speaking to care home manager Steve Cooper shortly after the incident, Comotto says: 'We don't like doing that at all, but what can you do?' Prosecutors say the force used against Mr Burgess – who had been threatening staff with a serrated cutlery knife and telling them he would take pleasure in murdering them – was excessive and unnecessary given his age and physical condition. He was seated in his wheelchair and surrounded by staff when officers entered his room and began issuing commands, jurors have heard. The footage also showed officers coughing heavily after the spray was deployed. In Comotto's body-worn footage she says: 'I just hate Pava. It's just horrible, isn't it?' In a statement given during a police interview and read to the court by prosecutor Paul Jarvis KC, the officer 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.' Comotto said she only learned of Mr Burgess's age after the incident and was 'very shocked', saying she 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.
