Moment one-legged pensioner, 93, is Tasered by police at care home

WARNING: DISTRESSING CONTENT – Donald Burgess, 93, was allegedly assaulted by two police officers at the care home in St Leonards-on-Sea, East Sussex – where he was Tasered and struck with a baton

A disabled 93-year-old was sprayed in the face with synthetic pepper spray, shot with a Taser, and struck with a baton by police officers who responded to an emergency call at his care home, a court has heard.

Donald Burgess, who had one leg and used a wheelchair, was allegedly assaulted by PC Stephen Smith and PC Rachel Comotto at the home in St Leonards-on-Sea, East Sussex, on June 21, 2022. Prosecutors say the officers unleashed “unjustified and unlawful” force within seconds of entering his room, with just one minute and 23 seconds passing from when the cops arrived to the pensioner being tasered, Southwark Crown Court was told on Monday.

Smith, 51, denies two counts of assault involving Pava spray and a baton, while Comotto denies a single charge of assault by discharging her Taser. Care home staff had called police after Mr Burgess allegedly flicked food at a care worker and then poked her in the stomach with a knife. He was wheeled back to his room, and staff reportedly spent half an hour trying to calm him down before dialling 999.

The officers responded under a grade one call – the most urgent level of emergency. Prosecutor Paul Jarvis KC told the jury that Mr Burgess was sitting in his wheelchair holding a small serrated cutlery knife when the officers entered. Paul Jarvis KC told the jury that instead of speaking to staff or explaining their presence to Mr Burgess, PC Smith simply told him: “Do you want to put the knife down or you will be sprayed or Tasered. Those are the options.”

Footage from body-worn cameras played to the jury showed Smith then discharging the spray directly into Mr Burgess’s face. “Comments made by Mr Smith suggest he emptied all of the canister into Mr Burgess’s face,” Mr Jarvis said. Seconds later, Smith drew his baton and struck Mr Burgess.

Comotto then deployed her Taser, and Mr Burgess cried out in pain. The officers then took the knife from him.

Jurors were told there was nobody within arm’s reach of Mr Burgess at the time and it should have been clear he was not mobile. “It ought to have been obvious by the fact he had one leg that this was a man who wasn’t going to be mobile,” Mr Jarvis said. “This was an elderly, vulnerable man who may not have understood what was going on.

“Rather than being met with understanding and sympathy, he was confronted by irritation and annoyance on the part of the defendants.”

Paul Jarvis KC told the jury that Mr Burgess suffered from multiple health conditions, including diabetes and carotid artery disease – and had been a resident at the home since 2018. While he had not been diagnosed with dementia, the care home specialised in support for people with the condition. He was taken to hospital after the incident, later contracted Covid and died 22 days later.

Mr Jarvis told the jury: “I want to make it clear – these defendants are not responsible for his death. He was an elderly gentleman who was unwell.” But he added: “The force used was unnecessary and excessive in the circumstances. The defendants assaulted Mr Burgess, causing actual bodily harm.”

The trial was adjourned until Tuesday.