The horrifying moment police unleashed pepper spray and taser on a 92-year-old amputee

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.


image1.png
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​


Key Takeaways
  • Two officers are accused of assault after using pepper spray and a taser on a 92-year-old amputee at a care home.
  • Bodycam footage showed the elderly man, who was wheelchair-bound, being sprayed and tasered after holding a butter knife.
  • The officers allegedly used excessive force despite the man’s vulnerability and dementia diagnosis.
  • The man died 22 days later in hospital, but police are not held responsible for his death.

What are your thoughts on the use of force when dealing with vulnerable people in care settings? Share your views in the comments below.
 

Seniors Discount Club

Sponsored content

Info
Loading data . . .
why did the staff not take the BUTTER knife off this old man? Being as he was, he couldn't harm them with a BUTTER knife.
This is a replay of the lady who was confronted by the police and where the staff could have acted. BUT no they call the police.
Mind you the police should have more brains.
 
why did the staff not take the BUTTER knife off this old man? Being as he was, he couldn't harm them with a BUTTER knife.
This is a replay of the lady who was confronted by the police and where the staff could have acted. BUT no they call the police.
Mind you the police should have more brains.
The major problem with aged care and disability staff is the lack of training in dealing with challenging behaviours. Some goes for the filth known as "law enforcement" with emphasis on the "force".

Regular training in the skills of passive defence should be mandatory.

And proficiency in the English language!
 
Absolutely DISGUSTING!!!! The homes should be able to deal with these MINOR altercations themselves, calling in the POLICE to old people for almost nothing should be a CRIME as well. The people involved in this are basically murders, both police and staff.
 
Personally I don’t believe that the police should attend incidents in nursing homes. Just because a person is elderly does not mean they are meek and mild. The incident that happened here in NSW where the elderly lady came at the policeman with a knife, he tasered her, she fell hit her head and she passed away. I don’t think that policeman should have been charged, as sad as the whole situation was. It’s quite obviously that the elderly lady was dangerous, she was wielding a knife, if the staff were scared why shouldn’t the police be scared of her, he acted accordingly after all at the end of the shift the men and women in the police force want to go home to their families, not the Morgue. They put their lives on the line everyday, and we the public should respect and thank them, not punish them when they act in defence of themselves and others.
Are you for real. The Copper was twice her size. She had to use a walker to get around and the police officer asked only a couple of times to drop the knife and then said “ oh bugger her “ and then fired his taser. How would you feel if she was your mother/ grandmother?
 
They give these people tools to carry out their duties safely and with less fuss, then when they use them the officers are charged with assault. Isn't poking someone with a serrated knife an assault as well. Silly old bugger should have been belted senseless with the baton and the officers not charged at all. The same goes for that officer in NSW recently, he should never have been charged - he used a tool that was given to him to carry out his duties by the same institution that charged him. Go figure.
I sure don’t like your comment about the silly old bugger should have been belted senseless with the baton. How do you know that you are not going to end up like this silly old bugger one day Geoff01, you don’t. I am terrified of getting dementia & wish that we could sign a form now to say if we do get it to be put out of our misery with a lethal injection. I can only hope. 🫩🫩
 
Disgusting act by the two police officers. They need to undergo a psych evaluation and if found suited for continued occupation in the police force - retrained to a much better standard!
 
Personally I don’t believe that the police should attend incidents in nursing homes. Just because a person is elderly does not mean they are meek and mild. The incident that happened here in NSW where the elderly lady came at the policeman with a knife, he tasered her, she fell hit her head and she passed away. I don’t think that policeman should have been charged, as sad as the whole situation was. It’s quite obviously that the elderly lady was dangerous, she was wielding a knife, if the staff were scared why shouldn’t the police be scared of her, he acted accordingly after all at the end of the shift the men and women in the police force want to go home to their families, not the Morgue. They put their lives on the line everyday, and we the public should respect and thank them, not punish them when they act in defence of themselves and others.
Utter bullshit! If this is the case where the officers were charged, then rightly so. An old lady who couldn't move without her walking frame.. dies as a result of idiot police officers with zero empathy and a nursing home staff ill suited to their job.
 
  • Like
Reactions: DLHM
Disgusting act by the two police officers. They need to undergo a psych evaluation and if found suited for continued occupation in the police force - retrained to a much better standard!
Better still sacked for having zero sense or empathy. The one legged old bloke was going to hop out of his wheelchair and attack them! What a farce!
 
I think it is terrible, this gentleman wouldn’t have been able to get out of the wheel chair to attack the police considering he only had one leg, he was an elderly gentleman, furthermore he had dementia which more than likely made his confused and unable to follow directions. The Police did not even give him enough time to respond spraying pepper spray directly to his face and hitting him with a baton and also tasering him.This could well be the way police are trained to respond In general. However they should reconsider how elderly, confused and vulnerable people should be treated, they should make allowances for the elderly and treat them with patience, respect and understanding to enable them to be aware what is happening and respond as directed.
 
Over the top over kill. The elderly man had health conditions but l think this would have killed him not the covid. For heavens sake the poor man had one leg he had dementia. It was a butter knife. What were these police officers thinking? Oh here we go lets get this over with as quick as possible.
Why couldn't they have spent as much time as needed and talked gently to the man. As if the poor soul understood their demands. Obviously something had upset him to pick up the knife and flick the food and have a go at the staff member in the first place.
Why couldn't the man police officer just grab the man's wrist and take the knife away????
I just can't get my head around why the police have to use such force on elderly vulnerable scared people. Like what happened here in Australia to the poor darling who was tasered after the police officer said oh bugger it. Then bang. The poor darling passed away.
I just can't understand the why????
Kind regards to all Vicki
I absolutely agree with you!
 
They give these people tools to carry out their duties safely and with less fuss, then when they use them the officers are charged with assault. Isn't poking someone with a serrated knife an assault as well. Silly old bugger should have been belted senseless with the baton and the officers not charged at all. The same goes for that officer in NSW recently, he should never have been charged - he used a tool that was given to him to carry out his duties by the same institution that charged him. Go figure.
WOW lets hope you're not that elderly man some day!
 
  • Like
Reactions: Judy ABowser
tired of aso called police using force when it is not necessary as in this case. dememtia and the ability to walk and get around withiout the use of a wheelchair, shows how little respect these officers hold the older generation in, bet he was also a war veteran, the lack of empathy by police nowadays goes beyond my understanding of what they are for..
 

Join the conversation

News, deals, games, and bargains for Aussies over 60. From everyday expenses like groceries and eating out, to electronics, fashion and travel, the club is all about helping you make your money go further.

Seniors Discount Club

The SDC searches for the best deals, discounts, and bargains for Aussies over 60. From everyday expenses like groceries and eating out, to electronics, fashion and travel, the club is all about helping you make your money go further.
  1. New members
  2. Jokes & fun
  3. Photography
  4. Nostalgia / Yesterday's Australia
  5. Food and Lifestyle
  6. Money Saving Hacks
  7. Offtopic / Everything else
  • We believe that retirement should be a time to relax and enjoy life, not worry about money. That's why we're here to help our members make the most of their retirement years. If you're over 60 and looking for ways to save money, connect with others, and have a laugh, we’d love to have you aboard.
  • Advertise with us

User Menu

Enjoyed Reading our Story?

  • Share this forum to your loved ones.
Change Weather Postcode×
Change Petrol Postcode×