The horrifying moment police unleashed pepper spray and taser on a 92-year-old amputee
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Content warning: This article contains descriptions of police use of force, including pepper spray and taser, involving an elderly vulnerable person. It may be distressing to some readers.
A routine call to a care home took a devastating turn, sparking a serious legal case that has captured public attention.
What unfolded inside a room at a residential facility raised difficult questions about the use of force on vulnerable individuals.
The details of the incident and its aftermath are now under intense scrutiny in court.
Two police officers faced allegations of assault after using pepper spray and a taser on a 92-year-old amputee at a residential care home, an incident that preceded his death three weeks later.
The case centred on PC Stephen Smith and PC Rachel Comotto, who were called to Park Beck Residential Care Home in St Leonards-on-Sea, East Sussex, following reports that Donald Burgess had poked a staff member in the stomach with a butter knife.
Bodycam footage presented in Southwark Crown Court showed Mr Burgess seated in a wheelchair, still holding the serrated knife when the officers arrived.
PC Smith told him: ‘Put it down mate. Come on, Donald, don’t be silly.’
He added: ‘We can solve it without having to resort to this…Do as you’re told.’
Despite these warnings, Smith discharged almost all of his pepper spray canister directly into Mr Burgess’s face.
The footage also captured Smith approaching with his baton raised before striking the elderly man.
Following this, Comotto deployed her taser as Mr Burgess cried out in pain, after which the officers removed the knife.
The prosecution described the force used by the officers as ‘unjustified and unlawful’, emphasising that Mr Burgess was wheelchair-bound and physically vulnerable.
Prosecutor Paul Jarvis KC pointed out that only one minute and 23 seconds had passed from the officers’ arrival to the moment Mr Burgess was tasered.
He said: ‘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.’
He added: ‘This was an elderly, vulnerable man who may not have understood what was going on.’
The court heard that instead of empathy, the officers displayed ‘irritation and annoyance’ towards Mr Burgess.
Mr Burgess suffered from several health conditions, including diabetes and carotid artery disease.
He was taken to hospital after the incident and died 22 days later, having contracted Covid during his stay.
The events leading up to the police call began when Mr Burgess was seen flicking food at a staff member and poking her with a knife.
Care home managers had tried to calm him for around 30 minutes before deciding to call emergency services.
The call was treated as a grade one emergency, the highest priority.
However, upon arrival, the officers neither communicated with the care staff nor explained their presence to Mr Burgess.
Instead, Smith issued a stark ultimatum: ‘Do you want to put the knife down or you will be sprayed or tasered. Those are the options.’
Jurors were informed the care home specialised in dementia care and that Mr Burgess had been diagnosed with the condition.
Mr Jarvis stressed that the defendants were not responsible for Mr Burgess’s death, stating: ‘He was an elderly gentleman who was unwell.’
Nevertheless, he maintained: ‘The force used was unnecessary and excessive in the circumstances.’
‘The defendants assaulted Mr Burgess, causing actual bodily harm.’
Smith, 51, denied two counts of assault involving the use of Pava spray and a baton.
Comotto pleaded not guilty to one charge of assault by discharging her taser.
The trial is ongoing.
Watch the full report below.
Source: Youtube/The Sun
What are your thoughts on the use of force when dealing with vulnerable people in care settings? Share your views in the comments below.
A routine call to a care home took a devastating turn, sparking a serious legal case that has captured public attention.
What unfolded inside a room at a residential facility raised difficult questions about the use of force on vulnerable individuals.
The details of the incident and its aftermath are now under intense scrutiny in court.
Two police officers faced allegations of assault after using pepper spray and a taser on a 92-year-old amputee at a residential care home, an incident that preceded his death three weeks later.
The case centred on PC Stephen Smith and PC Rachel Comotto, who were called to Park Beck Residential Care Home in St Leonards-on-Sea, East Sussex, following reports that Donald Burgess had poked a staff member in the stomach with a butter knife.
Bodycam footage presented in Southwark Crown Court showed Mr Burgess seated in a wheelchair, still holding the serrated knife when the officers arrived.
Police confront elderly amputee at care home. Image source: Independent Office for Police Conduct
PC Smith told him: ‘Put it down mate. Come on, Donald, don’t be silly.’
He added: ‘We can solve it without having to resort to this…Do as you’re told.’
Despite these warnings, Smith discharged almost all of his pepper spray canister directly into Mr Burgess’s face.
The footage also captured Smith approaching with his baton raised before striking the elderly man.
Following this, Comotto deployed her taser as Mr Burgess cried out in pain, after which the officers removed the knife.
The prosecution described the force used by the officers as ‘unjustified and unlawful’, emphasising that Mr Burgess was wheelchair-bound and physically vulnerable.
Prosecutor Paul Jarvis KC pointed out that only one minute and 23 seconds had passed from the officers’ arrival to the moment Mr Burgess was tasered.
He said: ‘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.’
He added: ‘This was an elderly, vulnerable man who may not have understood what was going on.’
The court heard that instead of empathy, the officers displayed ‘irritation and annoyance’ towards Mr Burgess.
Mr Burgess suffered from several health conditions, including diabetes and carotid artery disease.
He was taken to hospital after the incident and died 22 days later, having contracted Covid during his stay.
The events leading up to the police call began when Mr Burgess was seen flicking food at a staff member and poking her with a knife.
Care home managers had tried to calm him for around 30 minutes before deciding to call emergency services.
The call was treated as a grade one emergency, the highest priority.
However, upon arrival, the officers neither communicated with the care staff nor explained their presence to Mr Burgess.
Instead, Smith issued a stark ultimatum: ‘Do you want to put the knife down or you will be sprayed or tasered. Those are the options.’
Jurors were informed the care home specialised in dementia care and that Mr Burgess had been diagnosed with the condition.
Mr Jarvis stressed that the defendants were not responsible for Mr Burgess’s death, stating: ‘He was an elderly gentleman who was unwell.’
Nevertheless, he maintained: ‘The force used was unnecessary and excessive in the circumstances.’
‘The defendants assaulted Mr Burgess, causing actual bodily harm.’
Smith, 51, denied two counts of assault involving the use of Pava spray and a baton.
Comotto pleaded not guilty to one charge of assault by discharging her taser.
The trial is ongoing.
Watch the full report below.
Source: Youtube/The Sun
What are your thoughts on the use of force when dealing with vulnerable people in care settings? Share your views in the comments below.
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