Police Officers on Trial for Using ‘Unlawful’ Force on Disabled 93-Year-Old
Two police officers face charges over alleged excessive force against a disabled 93-year-old man who later died. The dramatic incident unfolded at a care home in St Leonards-on-Sea, East Sussex.
Wheelchair-Bound Pensioner Pepper-Sprayed, Tasered, and Beaten
Donald Burgess, a one-legged pensioner in a wheelchair with multiple health issues, was reportedly wielding a small serrated knife when officers arrived on 21 June 2022. But instead of calm, he was pepper-sprayed, Tasered, and hit with a baton during the police response. Mr Burgess later died in hospital.
‘Unnecessary and Excessive Force’ Alleged
Prosecutors at Southwark Crown Court say Pc Stephen Smith, 51, and Pc Rachel Comotto rushed in, using force within seconds without properly assessing the situation. Smith warned the elderly man: “Do you want to put the knife down or you will be sprayed or tasered. Those are the options.”
Body camera footage shows Smith spraying synthetic pepper spray (PAVA) directly into Mr Burgess’s face, then striking him with a baton. Seconds later, Comotto deployed a Taser, making the pensioner cry out in pain.
“Comments made by Mr Smith suggest he emptied all of the canister into Mr Burgess’s face,” prosecutor Paul Jarvis KC told the court.
The officers then disarmed Mr Burgess, who was immobile and not threatening anyone else. Prosecutors say a man with one leg and major health issues clearly needed a gentler, more careful approach.
Jarvis said: “This was an elderly, vulnerable man who may not have understood what was going on. Instead of understanding, he faced irritation and annoyance.”
Mr Burgess Dies Weeks Later – Officers Charged with Assault
After the incident, Mr Burgess was rushed to hospital but caught Covid-19 and died 22 days later. The prosecution stresses officers are not charged with causing his death, but with assault causing actual bodily harm.
Mr Burgess had lived at the care home since 2018, suffering from diabetes and carotid artery disease. Though not diagnosed with dementia, the home cared for people with cognitive issues.
Pc Smith denies two assault charges over using PAVA spray and a baton. Pc Comotto denies one assault charge for deploying the Taser.
The trial has been adjourned and will resume on Tuesday.
